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Case 1:20-cr-00330-AJN Document 146 Filed 02/04/21 Page 13 of 16 or Accuser-2, or that there is any causal relationship between the alleged incidents involving Accuser-3 in England and those involving Accuser-1 and Accuser-2 in the United States. To the extent there is any doubt about the scope of the alleged conspiratorial agreement, or how the allegations relating to Accuser-3 are within the scope of that agreement, the Court can resolve the issue by ordering a bill of particulars on these points, as the court did in Hsia. However, if the government cannot articulate how alleged sexual conduct with a person who never traveled falls within the scope of a conspiracy to cause another individual to travel, then allegations concerning Accuser-3 should be stricken. C, The Allegations Regarding Accuser-3 Are Unduly Prejudicial to Ms. Maxwell. There can be no legitimate dispute that the allegations regarding Accuser-3 are inflammatory and unduly prejudicial to Ms. Maxwell. The indictment alleges that Epstein “sexually abused” Accuser-3 and that Ms. Maxwell encouraged Accuser-3 to massage Epstein, “knowing that Epstein intended to sexually abuse” Accuser-3. Indictment {ff 7c, 11d, 17d. The phrase “sexual abuse” connotes criminal activity, even though the alleged conduct may well have been lawful: Accuser-3 was at or above the legal age of consent in England at all relevant times, and the indictment contains no suggestion that the alleged sexual activity involving Accuser-3 was nonconsensual. Regardless of whether the conduct was lawful or unlawful in England, however, few allegations could be more prejudicial to a defendant than allegations that she participated in the “sexual abuse” of a teenager. The allegations as to Accuser-3, though irrelevant to the government’s conspiracy counts, thus create precisely the prejudicial appearance the government seeks. Because the allegations as to Accuser-3 are both irrelevant to the charges against Ms. Maxwell and unduly prejudicial, they should be stricken as surplusage. DOJ-OGR- 00002688