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Case 1:20-cr-00330-PAE Document 387 Filed 10/29/21 Page11of21 II. Evidence Related to Accuser-3 Is Not Proof of the Charged Conspiracies Accuser-3’s allegations, which pertain only to the Mann Act conspiracies charged in Counts One and Three of the S2 Indictment, are irrelevant to the charged conspiracies and do not offer any proof supporting those charges. The S2 Indictment alleges that Ms. Maxwell conspired with Epstein to (i) 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 (S2 Indictment 11-12); 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 (id. 94 17-18). 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. J 13(d), 19(d) (emphasis added). The Indictment further alleges that Epstein “sexually abused” Accuser-3. Jd. ¥ 9c. There is no cogent basis for the government to assert that Accuser-3’s allegations are direct evidence of the charged conspiracies. The object of the alleged conspiracies was to entice or cause one or more minors to travel in interstate or foreign commerce in order to engage in unlawful sexual activity. The government concedes that Accuser-3 (1) was not a minor under U.K. law when she allegedly engaged in sex acts with Epstein in London, (2) cannot establish that she was invited to travel to the United States when she was under the age of 18, and (3) cannot establish that she was a minor when she allegedly engaged in sex acts with Epstein in the United States. See Gov’t Mem. in Opp. to Def.’s Pretrial Motions (Dkt. 204) at 158-59, 162-163 & nn.57-58. Accuser-3 will therefore not provide any proof that Ms. Maxwell “furthered” an alleged conspiracy to cause minors to travel for the purpose of engaging in unlawful sexual activity. Accordingly, the conduct she alleges is not “within the scope of the conspiracy” and DOJ-OGR-00005675