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Case 1:20-cr-00330-PAE Document657 Filed 04/29/22 Page9of45
*11 (concluding that conspiracies to defraud the United States and to commit mail and wire
fraud were the same conspiracy as earlier conspiracy to use or transfer false IDs). After all, “[a]
single agreement to commit several crimes constitutes one conspiracy.” United States v. Broce,
488 U.S. 563, 570-71 (1989). The Government implicitly conceded this point of law when it
agreed that Counts One and Three were multiplicitous. Count One charges a conspiracy to
entice minors to travel across state lines in violation of 18 U.S.C. § 2422 while Count Three
charges a conspiracy to transport minors across state lines in violation of 18 U.S.C. § 2423(a).
Despite distinct statutory predicates for these two § 371 conspiracies, the Government did not
contest that they were the same offense. Though Count Five is unquestionably less similar to
Count Three than is Count One, the difference in statutory predicates does not end the matter. It
is well established that a single conspiracy can contain multiple objectives, particularly if the
objectives share important similarities, as they do here. United States v. Salameh, 152 F.3d 88,
148 (2d Cir. 1998) (citing United States v. Aracri, 968 F.2d 1512, 1518 (2d Cir. 1992)).
Overlap of participants. The participants in the two conspiracies in Counts Three and
Five substantially overlap with one another. Of course, the defendant will always overlap
between two allegedly multiplicitous conspiracies, so their participation in both conspiracies has
negligible significance. Villa, 2014 WL 252013, at *5. More importantly here, Epstein was the
Defendant’s primary coconspirator in both conspiracies, and the Government argued that in both
conspiracies the Defendant played the same role of acquiring underage girls for Epstein to
sexually abuse. They were, the Government explained, “partners in crime” over the decade
alleged in the Indictment. F.g., Trial Tr. at 34, 2842, 2885; see also id. at 41 (“For a decade, the
defendant played an essential role in this scheme.”). This overlap in key participants, and in core
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Document Details
| Filename | DOJ-OGR-00010375.jpg |
| File Size | 727.2 KB |
| OCR Confidence | 94.7% |
| Has Readable Text | Yes |
| Text Length | 2,150 characters |
| Indexed | 2026-02-03 17:58:09.112969 |