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Case 1:20-cr-00330-PAE Document657_ Filed 04/29/22 Page12 of 45 a decade,” having both the “earlier phase” and the later “pyramid scheme.” Trial Tr. at 40; see also, e.g., id. at 2886 (describing 2001 as “the beginning of the pyramid scheme of abuse”). But a single conspiracy can enter “two or more phases or spheres of operation” without creating a discontinuity in the underlying unlawful agreement, particularly if the same people are serving the same roles in each phase. United States v. Pena, 846 F. App’x 49, 51 (2d Cir. 2021) (summary order) (quoting United States v. Berger, 224 F.3d 107, 114-15 (2d Cir. 2000)); see also United States v. Maldonado-Rivera, 922 F.2d 934, 963 (2d Cir. 1990). Notably, the Government, after distinguishing between earlier and later phases in the pattern of abuse, immediately emphasized that “[flor a decade, the defendant played an essential role in this scheme,” blurring any difference between the two phases. Trial Tr. at 41. Moreover, though these phases did involve some differing means to acquire minor victims, the differences presented at trial were not as great as the Government suggests in its brief. As to both counts, both before and after 2001, the Government emphasized that massage was a primary means by which the Defendant and Epstein normalized bodily contact and also the means by which the Defendant and Epstein commonly instigated instances of sexual abuse. Compare id. at 40 (“You will learn that in the 1990s, they used the cover of mentoring young girls .. . to introduce massage . . . and that you will learn that they used these so called massages as a way to sexually abuse the victims.”’), with id. at 41 (“Under this pyramid scheme of abuse, the defendant could just call girls to schedule massage appointments and hand them cash afterwards ....”); e.g., id. at 35 (“You will learn that the cover of massage was the primary way the defendant and Epstein lured girls into sexual abuse.”’), 2852 (“Again and again throughout this trial, you heard about how these girls were asked to perform sexualized massages on Jeffrey Epstein.”). 12 DOJ-OGR-00010378