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Case 1:20-cr-00330-AJN Document 146 Filed 02/04/21 Page 8 of 16 In addition to the allegations regarding Accuser-1, the indictment includes factual allegations regarding Ms. Maxwell’s interactions with two other individuals, Accuser-2 and Accuser-3, some of which are characterized as “overt acts” in furtherance of the two conspiracies. Ms. Maxwell is not alleged, however, to have enticed or otherwise caused either Accuser-2 or Accuser-3 to travel. Ms. Maxwell’s interactions with Accuser-3 allegedly took place entirely in London, England, where Ms. Maxwell is alleged to have “groomed and befriended” Accuser-3 “between approximately 1994 and 1995.” Jd. § 7c. Ms. Maxwell allegedly introduced Accuser-3 to Epstein and arranged for “multiple interactions between [Accuser-3] and Epstein,” during which Ms. Maxwell “encouraged [Accuser-3] to massage Epstein, knowing that Epstein would engage in sex acts with [Accuser-3] during those massages.” Jd. Although the indictment alleges that Epstein “sexually abused” Accuser-3 during the massages (id.), it does not allege that Epstein’s interactions with Accuser-3 were nonconsensual or in violation of any English law. Notably, Ms. Maxwell is not alleged to have met Accuser-3 and introduced her to Epstein until 1994 at the earliest, by which time Accuser-3 had reached age 16°—the legal age of consent in England. Sexual Offences Act 2003 § 9 (Eng.), 2003, c. 42. Thus, it appears that the “sexual abuse” of Accuser-3 that the indictment alleges was lawful conduct. Nor does the indictment allege any travel by Accuser-3, in interstate or foreign commerce or otherwise, let alone as a result of any action taken by Ms. Maxwell, Epstein, or anyone else. Yet Counts One and Three allege that Ms. Maxwell’s encouragement of Accuser-3 to provide massages to Epstein in the future was somehow an overt act in furtherance of the alleged * The government has disclosed that Accuser-3 was born ii. DOJ-OGR-00002683