DOJ-OGR-00000145.tif
Extracted Text (OCR)
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
Extracted Information
Dates
Document Details
| 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 |