DOJ-OGR-00004292.jpg

Case 1:20-cr-00330-PAE Document 293 _ Filed 05/25/21 Page 27 of 32 time period from 2001-2004. The counts do not specify, however, the dates that any of this alleged conduct occurred. For example, the S2 Indictment does not specify when Ms. Maxwell “interacted” with Accuser-4 or allegedly “recruited” her “to engage in sex acts with Epstein” or “enticed” her “to recruit other girls to engage in paid sex acts with Epstein.” (S2 Indictment J 9d, 25a, 25b). Nor does the S2 Indictment specify when Ms. Maxwell allegedly paid Accuser-4 or sent her gifts or called her to schedule massage appointments. (Id. ff 9d, 25c, 25d). A Bill of Particulars for Counts Five and Six is therefore necessary and appropriate. See Bortnovsky, 820 F.2d at 575 (Bill of Particulars warranted where “[t]he relevance of key events was shrouded in mystery at the commencement of and throughout the trial”). /d. at 575. Furthermore, as discussed above, Ms. Maxwell has already credibly asserted that her prosecution on Counts Five and Six is barred by the Double Jeopardy Clause. (See Section II supra). In order “to interpose [her] plea of double jeopardy,” Ms. Maxwell must confirm what is apparent from the grand jury testimony of Special Agen i — that the offenses charged in Counts Five and Six are the same offenses that were presented to the SDFL grand jury. Accordingly, for these reasons and the reasons already discussed in our previous motion for a Bill of Particulars, the Court should order the government to file a Bill of Particulars identifying the following information related to Counts Five and Six of the S2 Indictment: (1) The dates when Ms. Maxwell allegedly met and/or interacted with Accuser-4. (S2 Indictment § 9d). (2) The dates when Ms. Maxwell allegedly “groomed” or “recruited” Accuser-4 “to engage in sex acts with Epstein.” Ud. § 9d, 25a). (3) The dates when Accuser-4 allegedly provided “nude massages” to Epstein, during which Epstein “engaged in multiple sex acts” with Accuser-4. (d. q 9d). (4) The dates when Ms. Maxwell allegedly was “present” when [Accuser-4] “was nude in the massage room of the Palm Beach Residence.” (/d. ¥ 9d). 23 DOJ-OGR- 00004292