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Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 190 of 239 Government further expects Minor Victim-3 will testify that Po defendant’s intent, in her initial interactions with Minor Victim-3, to entice Minor Victim-3 to travel and be transported for the purpose of engaging in sexual acts.°® Thus, even if Minor Victim- 3 did not travel as a minor, the events involving Minor Victim-3 outlined in the Indictment constitute direct and admissible evidence of the agreements between and the relationship of the defendant and Epstein. Because evidence regarding Minor Vitim-3 is therefore relevant and admissible at trial, there is no basis to strike these allegations from the Indictment. See Scarpa, 913 F.2d at 1013. Given the relevance of these allegations, the defendant has not satisfied the “exacting” standard required to justify striking portions of an Indictment. Murgio, 209 F. Supp. 3d at 724 (quoting Smith, 985 F. Supp. 2d at 610). Accordingly, the motion should be denied, or, at the very least, deferred until “presentation of the Government’s evidence at trial” after which the Court will have a full understanding of how Minor Victim-3’s experiences fit into the charged conspiracies. Mostafa, 965 F. Supp. 2d at 467. The fact that the Government would be precluded, by virtue of the statute of limitations, from bringing a charge based exclusively on the experience of Minor Victim-3 is immaterial. It is well-established that a prosecution for a conspiracy is timely so long as the conspiracy exists and at least one timely overt act is committed in furtherance of the conspiracy within the applicable statute of limitations. See United States v. Salmonese, 352 F.3d 608, 614 (2d Cir. 2003) (citing Grunewald v. United States, 353 U.S. 391, 396-97 (1957)); United States v. Rutkoske, 506 F.3d 170, 174-75 (2d Cir. 2007); United States v. Mason, 479 F. App’x 397, 398 (2d Cir. 2012). 58 Regardless, the subsequent invitation demonstrates that the grooming and sex acts in London were part of conspiracies to entice and transport minors. 163 DOJ-OGR-00003124