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Case 1:20-cr-00330-PAE Document 293 Filed 05/25/21 Page 12 of 32 engage in commercial sex acts knowing that [Accuser-4] was under 18”)).° Pursuant to the terms of the NPA, the proposed indictment was never returned, and the USAO-SDFL did not pursue it further, once Epstein pled guilty on June 30, 2008 to Florida state law charges of solicitation of prostitution and procurement of minors to engage in prostitution. (Ex. A, OPR Report at i-ii). The similarity of the allegations presented to the SDFL grand jury and those alleged in Counts Five and Six of the $2 Indictment is striking and self-evident. The same overt acts, including the allegations that form the basis for jurisdiction in SDNY over the crimes charged in Counts Five and Six, were presented to both grand juries. Furthermore, the proof offered to corroborate Accuser-4’s allegations—e.g., cell phone records, FedEx records, message pad notes, etc_—was identical. (See Ex. C at 56:21-57:10). The chart below highlights these similarities: S2 Indictment SDFL Grand Jury Testimony Sexual Massages Sexual Massages “On multiple occasions between approximately | “[F]rom 2001 to 2004, [Accuser-4] provided 2001-2004, [Accuser-4] provided nude Mr. Epstein with ... over 100 massages and all massages to Epstein at the Palm Beach but three of the massages were sexual|[] in Residence, during which Epstein engaged in nature.” (Ex. C at 23:19-22). multiple sex acts with [Accuser-4].” (S2 Indictment { 9d; see also id. at § 25a). The massages took place in Epstein’s Palm Beach residence and Accuser-4 was either nude or partially nude. (Ex. C at 22:20-24:6). Payment Payment “Epstein or one of his employees ... paid “TAccuser-4] was paid between $200 and [Accuser-4] hundreds of dollars in cash” for $400” for each massage. (Ex. C at 23:25- each massage. (S2 Indictment § 9d; see also id. | 24:10). > The government previously denied Ms. Maxwell’s request that it produce copies of the proposed 60-count SDFL indictment and the related 82-page prosecution memo to the defense. To resolve any ambiguity about the charges in the proposed SDFL indictment and the evidence underlying the counts related to Accuser-4, Ms. Maxwell requests the Court to order the government to produce both of these documents to the defense. DOJ-OGR-00004277