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Case 1:20-cr-00330-PAE Document 286 Filed 05/20/21 Page5of14 Even more incomprehensible is the government’s argument that the allegations regarding Accuser-3 are not prejudicial. The government concedes that it has characterized Accuser-3’s lawful, consensual sexual encounters with Epstein as “sexual[] abuse[],” based solely on Accuser-3’s “subjective experience” of those encounters. By characterizing those encounters as “sexual[] abuse[],” the government has falsely accused Ms. Maxwell of a crime that it now admits she did not commit, improperly broadening the charges against her by implying that she participated in the sexual abuse of three minors rather than two. The allegations as to Accuser-3 are thus irrelevant and prejudicial and should be stricken. At minimum, the allegation that Ms. Maxwell was complicit in the purported sexual abuse of Accuser-3 should be stricken. Finally, the government effectively concedes that the admissibility of evidence regarding Accuser-3 must be litigated under Fed. R. Evid. 404(b). While the government’s effort to establish the admissibility of such evidence in its opposition suffers from the same infirmities as its inclusion of the allegations regarding Accuser-3 in the Indictment, Ms. Maxwell will respond to the government’s admissibility arguments more fully at the appropriate time. I. The Allegations Regarding Accuser-3 Are Irrelevant to the Alleged Conspiracies. The Indictment alleges that Ms. Maxwell conspired with Epstein to (1) violate 18 U.S.C. § 2422(a), with the objective of enticing one or more individuals to travel in interstate and foreign commerce for the purpose of engaging in unlawful sexual activity (Indictment 4 9-10); and (ii) violate 18 U.S.C. § 2423(a), with the objective of transporting an individual under age 18 with the intent that the individual engage in unlawful sexual activity (/d. JJ 15-16). As an overt act in furtherance of these conspiracies, the government alleges that Ms. Maxwell “encouraged [Accuser-3] to provide massages to Epstein in London, England, knowing that Epstein intended to sexually abuse [Accuser-3] during those massages.” Jd. JJ 11d, 17d (emphasis added). The Indictment further alleges that Epstein “sexually abused” Accuser-3. Jd. § 7c. DOJ-OGR-00004218