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DOJ-OGR-00000145.tif

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82a defendant's motion. “Motions to strike surplusage from an indictment will be granted only where the challenged allegations are not relevant to the crime charged and are inflammatory and_ prejudicial.” United States v. Hernandez, 85 F.3d 1023, 1030 (2d Cir. 1996) (cleaned up). Courts in this District generally delay ruling on any motion to strike until after the presentation of the Government’s evidence at trial, because that evidence may affect how specific allega- tions relate to the overall charges. See, eg., United States v. Nejad, No. 18-cr-224 (AJN), 2019 WL 6702361, at *18 (S.D.N.Y. Dec. 6, 2019); United States v. Mostafa, 965 F. Supp. 2d 451, 467 (S.D.N.Y. 2018). Maxwell contends that the allegations related to “Minor Victim-3” are surplusage because the indictment does not charge that Minor Victim-3 traveled in interstate commerce or was below the age of consent in England where the alleged activities took place. Thus, she argues, these allegations do not relate to the charged conspiracy and instead reflect an attempt to introduce Minor Victim-3’s testimony for impermissible purposes. The Court will not strike any language from the $1 superseding indictment at this juncture. The standard under Rule 7(d) is “exacting” and requires the defendant to demonstrate clearly that the allegations are irrelevant to the crimes charged. United States v. Napolitano, 552 F. Supp. 465, 480 (S.D.N.Y. 1982). The indictment does not allege that the alleged victim traveled in interstate commerce or was underage during sexual encounters with Epstein. But the Court cannot rule out that the allegations may reflect conduct undertaken in furtherance of the charged conspiracy or be relevant to prove facts such as Maxwell’s state of mind. See United States uv. DOJ-OGR-00000145

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Filename DOJ-OGR-00000145.tif
File Size 42.5 KB
OCR Confidence 94.3%
Has Readable Text Yes
Text Length 1,796 characters
Indexed 2026-02-03 15:58:19.724060