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Case 1:20-cr-00330-AJN Document 146 Filed 02/04/21 Page 10 of 16 A. The Indictment Is Insufficient to Allege a Conspiracy as to Accuser-3. To establish a § 2422(a) conspiracy violation, the government must show that Ms. Maxwell conspired to “knowingly persuade[], induce[], entice[], or coerce[] any individual to travel in interstate or foreign commerce . . . to engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense.” 18 U.S.C. § 2422(a) (1996). To establish a § 2423(a) conspiracy claim, the government must prove that Ms. Maxwell conspired to “knowingly transport[] an individual who ha[d] not attained the age of 18 years in interstate or foreign commerce . . . with intent that the individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense.” 18 U.S.C. § 2423(a) (1994); 18 U.S.C. § 2423 (1986).4 The government cannot show that Ms. Maxwell conspired to commit either offense with respect to Accuser-3. There is no allegation that Accuser-3 ever traveled in interstate or foreign commerce, let alone that Ms. Maxwell, Epstein, or anyone else enticed her or otherwise caused her to do so. While the indictment alleges that Ms. Maxwell encouraged Accuser-3 to massage Epstein in England “knowing that Epstein intended to sexually abuse [Accuser-3] during those massages” (Indictment 9 11d, 17d), it alleges no facts connecting those allegations to any contemplated interstate or foreign travel by Accuser-3—for any purpose. The indictment thus does not come close to alleging facts that would establish a conspiracy to violate either § 2422(a) or § 2423(a) as to Accuser-3. Moreover, any charge arising out of a conspiracy with respect to Accuser-3 would be time-barred. The government contends that the indictment is timely under 18 U.S.C. § 3283, which, at the time of the alleged offenses, provided that a prosecution involving an “offense “ Section 2423 was amended effective September 13, 1994, to add a subsection (b) and make cosmetic adjustments, immaterial here, to what is now subsection (a). Violent Crime Control and Law Enforcement Act of 1994, PL 103- 322, Sept. 13, 1994, Title XVI, § 160001(g), 108 Stat. 1796. DOJ-OGR-00002685