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be N Ww ws Oo OY ~] oO WO a oO = be N Ww = Hs Oo a OY a ~] a oO a Ke) 20 21 22 23 24 25 Case 1:20-cr-00330-PAE Document 759 Filed 08/10/22 Page 242 of 267 LCAVMAX8 Ghislaine to have Ghislaine arrange the travel. But she didn't even offer it herself. It seems like the best we have on this record is that she performed a ministerial function of arranging the travel. But that is not doing something, a cause, that produces an effect; that is simply doing paperwork. That is not what the statute was designed to criminalize. There has to be some effort to entice or persuade or induce somebody to travel, And one case States v. possibility of enough to entice, if persuasion, which we do not have on this record. [ woul d direct your Honor to is United this same statute, 2 they could convict if we don't even have that. enticement. have bei Joseph, 542 F.3d 13 (2d Cir. 2008). In that case, the Second Circuit reversed the conviction for enticement under 422, because the jury was instructed that they found the defendant made the a sex act "more appealing," as if that was they made it more appealing. The court held that that was not enough to establish inducement, enticement under the statute. And here We just have her performing what a travel agent would do, which is arranging travel plans. And that is not enough, under the wording of the statute, to prove And there is nothing also from any member of the conspiracy on that same count, your Honor, doing anything to arrange or induce the travel. So I would argue, your Honor, that on the record we fore us, there is insufficient evidence to establish SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 2270 DOJ-OGR-00016458