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Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 39 of 93 Count Six: Sex Trafficking of a Minor — Fourth Element The fourth and final element of Count Six which the government must prove beyond a reasonable doubt is that +he-defeadanesMs. Maxwell’s conduct was in interstate |e Commented [CE51]: The phrase “or foreign” is not necessary as there is no allegation that Ms Maxwell's conduct as to Count Six affected foreign commerce Commented [RA(52R51]: GOVERNMENT RESPONSE: This is part of the indictment and should not be removed commerce or affected interstate commerce. Interstate commerce simply means the movement of goods, services, money and individuals between any two or more states. I instruct you that acts and transactions that cross state lines, or which affect the flow of money in the stream of commerce to any degree, however minimal, are acts and transactions affecting interstate commerce. For instance, it affects interstate commerce to use products that traveled in interstate commerce. It is not necessary for the Government to prove that Ms. Maxwell she defendant specifically knew or intended that her conduct would affect interstate commerce; it is only necessary that the natural consequences of such conduct would affect interstate commerce in some way, even if minor. Commented [RA(54R53]: GOVERNMENT RESPONSE: Adapted from the charge given by the Hon. Kimba M. Wood in ea eee ere oe United States v. Almonte, 16 Cr. 670 (KMW). See United States v. would be helpful The defense does not argue that this is an Graham, 707 F. App’x 23, 26 (2d Cir. 2017) (summary order) incorrect statement of the law 39 DOJ-OGR-00006105