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Case 1:20-cr-00330-PAE Document 442-1 Filed 11/12/21 Page3of3 Page 2 This evidence is admissible as direct evidence of the crimes charged and, in the alternative, pursuant to Rule 404(b) as proof of the defendant’s intent, preparation, plan, knowledge, identity, and/or absence of mistake of accident with respect to the charges in the above-referenced case. Because this evidence is admissible as direct evidence, the Government is not planning to affirmatively move in limine to seek its admission. Please note that this letter and the information contained herein is governed by the July 31, 2020 Protective Order in this case. This letter is itself designated as “confidential” under the Protective Order. Very truly yours, DAMIAN WILLIAMS United States Attorney by: ___/s Alison Moe Lara Pomerantz Andrew Rohrbach Assistant United States Attorneys (212) 637-2324 DOJ-OGR-00006586