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Case 1:20-cr-00330-PAE Document657_ Filed 04/29/22 Page/7 of 45 B. Analysis A further summary of the two counts at issue is required. As briefly outlined above, Count Three of the Indictment charged the Defendant under 18 U.S.C. § 371, the general federal conspiracy statute, with conspiring to violate 18 U.S.C. § 2423(a) (the Mann Act), by transporting minors across state lines with the intent to engage in sexual activity criminalized by state law. S2 Indictment 77 16-18. In this case, the relevant state offense was New York Penal Law Section 130.55, which criminalizes sexual contact with an individual known to be under the age of seventeen. Trial Tr. 3034-35. The Count Three conspiracy spanned from 1994 to 2004. S2 Indictment § 17. As the Government explained in its summation, the jury could convict the Defendant under Count Three based on evidence related to Jane, Carolyn, and Annie Farmer, three victims who testified at trial. Trial Tr. at 2895.” Count Five of the Indictment also charged the Defendant under 18 U.S.C. § 371, but for conspiring to violate 18 U.S.C. §§ 1591(a) & (b) (the Trafficking Victims Protection Act), by trafficking individuals under the age of eighteen for commercial sex acts that affect interstate commerce. S2 Indictment J] 22—24. Count Five’s conspiracy spanned from 2001 to 2004. Id. 23. The Government explained to the jury that it could convict the Defendant on Count Five based on evidence related to Carolyn and Virginia Roberts. Trial Tr. at 2896. The Defendant primarily contends that Count Five is a subset of, is subsumed in, or is otherwise too similar to Count Three under the Korfant factors. The Court agrees. Although some Korfant factors favor the Government, the weight of the factors—supplemented by a review of the Government’s case presented at trial—demonstrates that the Government has not 2 The Court permitted certain victim witnesses to testify using a pseudonym or first name. See Nov. 1, 2021 Tr. at 6-7. DOJ-OGR-00010373