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Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 27 of 93 Count Four: Transportation of a Minor to Engage in Illegal Sexual Activity — First Element The first element of Count Four which the government must prove beyond a reasonable doubt is that +he-defendantMs. Maxwell knowingly transported at-indttdeatlJane Doe-1 pseudonym] in interstate e¢-fereien-commerce: namely from Florida to New York. as alleged in the Indictment. The phrase, “transport an individual in interstate-orfereieze commerce” means to move or carry, or cause someone to be moved or carried, from one state to another-orbesvecnthe The Government does not have to prove that he defeadentMs. Maxwell personally transported theiadsaduet|Jane Doe-1_pseudonym| across a state line. It is sufficient to satisfy this element that the-defendantMs. Maxwell = ~ as actively engaged __——| Commented [CE39]: The addition of the word “actively” is consistent with Sand See Sand, Instr 64-17 either personally or through an agent, in the making of the travel arrangements, such as by Commented [RA(40R39]: GOVERNMENT RESPONSE: Although this word appears in Sand, the basis for it is not purchasing tickets necessary for heindiiduel[Jane Doe-1 pseudonym] to travel as planned. ee ge weobyenscal Purcell aber 159, 191 (2d Cir 2020) (sufficient to “agree to provide a The-defendentMs. Maxwell must have knowingly transported bse participated inthe Prostitution job” and “coordinate{] and prearrange[] the dates” of travel (intemal quotation marks and alterations omitted)) Commented [CE41]: “Participation” is conspiracy liability It should be addressed in that charge Commented [RA(42R41]: GOVERNMENT RESPONSE: causing theindiiduel[Jane Doe-1_pseudonym] to be transported, and that theindiidue[ane definition in the prior paragraph aspertationoftheindi-iduel/ Jane Doe-1 pseudonym] in interstate e-fereion-commerce. This means that the Government must prove that thedefeadentMs. Maxwell knew both that she was Doe-1 pseudonym | was being transported in interstate commerce. As I have explained, an act is done knowingly when it is done voluntarily and intentionally and not because of accident, mistake or some innocent reason. Adapted from Sand, et al., Modern Federal Jury Instructions, Instr. 64-17; and the charge of the Hon. Richard J. Arcara in United States v. Vickers, 13 Cr. 128 (RIA) (W.D.N.Y.). aff'd, 708 F. App’x 732 (2d Cir. 2017). See United States v. Mi Sun Cho, 713 F.3d 716, 720 (2d Cir. 2013) (sufficient to show transportation where defendant agreed to provide a prostitution job and coordinated and prearranged the date and time of travel): United 27 DOJ-OGR-00006093