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Case 1:20-cr-00330-PAE Document657_ Filed 04/29/22 Page 21 of 45
encouraged her to massage Epstein’s feet, and that the Defendant then gave her a massage during
which the Defendant touched Annie’s breasts. Jd. at 2083-86. As noted above, Carolyn testified
that the Defendant paid her for performing sexualized massages on Epstein. She also testified
that Epstein and the Defendant asked her about her life and family and discussed sexual topics
with her. /d. at 1533-36. Epstein then invited her to travel generally, and the Defendant invited
her to travel to Epstein’s private island in the Caribbean. /d. at 1535, 1540. A reasonable juror
could have concluded that the Defendant’s and Epstein’s actions, including their efforts to
normalize sexual conduct and invitations for underage girls to travel to New Mexico and the
Caribbean, were in furtherance of the conspiracy’s goal of transporting minors to New York for
the purpose of engaging in sexual activity illegal under New York law. Finally, although the
jury was instructed that it could not convict the Defendant solely on the basis of Kate’s
testimony, her testimony corroborated the testimony of other witnesses as to the Defendant’s
knowledge and role in the conspiracy. /d. at 1177-90. The Court concludes that this evidence
was sufficient for a reasonable jury to convict the Defendant for conspiring to transport
individuals in interstate commerce with intent to engage in sexual activity illegal under New
York law.
Accordingly, the Court denies the Defendant’s Rule 29 motion for a judgment of
acquittal.
Il. The Court denies the Defendant’s motion claiming a constructive amendment or
prejudicial variance.
The Defendant also seeks to vacate her convictions as to Counts One, Three, and Four
(the Mann Act counts) pursuant to Federal Rule of Criminal Procedure 33. She contends that the
jury convicted her of intending that Jane engage in sexual activity in New Mexico, rather than
New York, thus resulting in a constructive amendment of the Indictment, or in the alternative, a
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Document Details
| Filename | DOJ-OGR-00010387.jpg |
| File Size | 708.6 KB |
| OCR Confidence | 93.8% |
| Has Readable Text | Yes |
| Text Length | 2,074 characters |
| Indexed | 2026-02-03 17:58:17.285346 |