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Case 1:20-cr-00330-AJN Document 146 Filed 02/04/21 Page 7 of 16 government be required to treat any evidence supporting such allegations as Fed. R. Evid. 404(b) evidence, subject to balancing by this Court of its probative value and prejudicial effects. SUMMARY OF ALLEGATIONS Counts One through Four of the indictment allege that Ms. Maxwell violated and conspired to violate two separate provisions of the Mann Act, 18 U.S.C. §§ 2421-2424. These counts are based on conduct that occurred at unspecified times between 1994 and 1997. Counts Two and Four allege that Ms. Maxwell substantively violated 18 U.S.C. § 2422 (now § 2422(a))? and § 2423(a), respectively, by enticing and causing Accuser-1 to travel from Florida to New York in order to engage in sex acts with Jeffrey Epstein that would violate N.Y. Penal Law § 130.55. Indictment {ff 13, 19. The indictment does not charge Ms. Maxwell with a substantive Mann Act violation as to any individual other than Accuser-1, nor does it allege that Ms. Maxwell personally enticed or caused any person other than Accuser-1 to travel in interstate or foreign commerce for any reason. Counts One and Three allege that Ms. Maxwell conspired with Epstein “and others” to violate §§ 2422(a) and 2423(a), respectively. Indictment {ff 9, 15. Count One alleges that the object of the § 2422(a) conspiracy was to “persuade, induce, entice, and coerce one and more individuals to travel in interstate and foreign commerce, to engage in sexual activity for which a person can be charged with a criminal offense.” /d. ¢ 10. Count Three alleges that the object of the § 2423(a) conspiracy was to “knowingly transport an individual who had not attained the age of 18 in interstate and foreign commerce, with intent that the individual engage in sexual activity for which a person can be charged with a criminal offense.” Jd. ¥ 16. * Prior to February 8, 1996, this provision constituted the entirety of § 2422; it became § 2422(a) as a result of the enactment of additional subsections as of that date. Telecommunications Act of 1996, PL 104-104, Feb. 8, 1996, Title V, § 508, 110 Stat. 56. The provision is referred to herein as § 2422(a). DOJ-OGR- 00002682