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Case 1:20-cr-00330-PAE Document 224 Filed 04/20/21 Page6of17 A. The Counts are Dissimilar and Illogically and Artificially Connected. The government claims that the Perjury Counts are properly joined because they are “logically connected” to the Mann Act Counts and part of the same “common plan or scheme.” Resp. at 138, 141, 143. No logic can be gleaned from the government’s response. Offenses are or “connected” or part of a “common scheme or plan” if the counts “grow out of related transactions.” United States v. Randazzo, 80 F.3d 623, 627 (1st Cir. 1996). Here, the Perjury Counts did not “grow out of’ the conduct underlying the Mann Act Counts. Ms. Maxwell’s depositions occurred in 2016, twenty years after the conduct alleged in the Mann Act Counts purportedly occurred from 1994-1997. Furthermore, the allegations underlying the two sets of counts are unrelated. The “scheme” alleged in the Indictment is the alleged enticement of three females to travel for the purpose of engaging in illegal sex acts between 1994 and 1997. The depositions at the heart of the Perjury Counts concerned the truth or falsity of Virginia Giuffre’s “obvious lies” about being sexually trafficked to famous people and her purported four years as a sex slave. None of the Accusers in the Indictment claim to have been sexually trafficked by Epstein or Ms. Maxwell to anyone, let alone any famous people. And the defamation case had nothing to do with any allegations by Ms. Giuffre of being enticed to travel to engage in illegal sex acts. How Ms. Maxwell’s answers to questions in 2016 about the falsity of Ms. Giuffre’s sex trafficking claims (years after the allegations in the Indictment) are related to the conspiracies alleged in the Indictment is therefore a mystery.! ' There is also no evidence that Ms. Maxwell and Epstein conspired or agreed to lie in the defamation case. After Ms. Maxwell compelled Epstein to sit for a deposition in the defamation action, he asserted his right against self-incrimination and declined to answer any questions. Ms. Maxwell, having committed no crime and not being a part of any conspiracy with Epstein, chose to answer questions truthfully. No charges were pending against either Epstein or Ms. Maxwell at the time of the depositions and there was no relationship between the two individuals. DOJ-OGR-00003903