DOJ-OGR-00006403.jpg

Case 1:20-cr-00330-PAE Document 438 Filed 11/12/21 Page 43 of 54 404(b)(1) is designed to prohibit.” United States v. Dawkins, 999 F.3d 767, 792 (2d Cir. 2021) (upholding exclusion of “testimony regarding [defendant’s] relationships with coaches whom he did not bribe”). Accordingly, “[a] defendant may not seek to establish his innocence . . . through proof of the absence of criminal acts on specific occasions.” United States v. Scarpa, 913 F.2d 993, 1011 (2d Cir. 1990) (internal quotation marks omitted). “A single occurrence of lawful conduct is ‘simply irrelevant’ to other occurrences of unlawful conduct.” United States v. Chambers, 800 F. App’x 43, 46 (2d Cir. 2020) (citing United States v. Walker, 191 F.3d 326, 336 (2d Cir. 1999)); see United States v. Williams, 205 F.3d 23, 34 (2d Cir. 2000) (“We reject Williams’s assertion that the evidence of innocent travel was necessary to rebut the government’s allegation that Williams had been involved in other cocaine importations from Jamaica. Although the government did argue that Williams had been involved in other importations, it did not allege that Williams had engaged in drug activity during these particular trips.”); Boyce v. Weber, No. 19 Civ. 3825 (JMF), 2021 WL 2821154, at *8 (S.D.N.Y. July 7, 2021) (in a civil sex trafficking case, excluding evidence of witnesses who would testify that the defendant did not abuse them, because “i]t is well established that a defendant may not seek to establish his innocence through proof of absence of criminal acts on specific occasions” (alterations and internal quotation marks omitted)). The Government has produced to the defendant records of interviews of many victims who were sexually abused by Epstein, some of whom did not have personal interactions or dealings with the defendant, including during the time period of the charged conspiracy. The defendant is not charged with committing crimes against these victims. In prior filings, the 42 DOJ-OGR-00006403