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Case 1:20-cr-00330-PAE Document 456 Filed 11/12/21 Page8of10 Page 8 one coconspirator identifying another is in furtherance of conspiracy). Accordingly, this statement is admissible as a co-conspirator statement under Rule 801(d)(2)(E). This statement is also directly relevant to the charges in the Indictment. Although Epstein made the statement in 2005, he was discussing a time in the past when the defendant found girls for him. In other words, this statement references conduct that took place during the period charged in the Indictment. Epstein was telling Employee-1 that the defendant took precisely the actions alleged in the Indictment by recruiting girls for Epstein. 2. Second Exemplar The second exemplar involves instructions provided to Employee-1 by Epstein and Employee-2, who was also a co-conspirator. In particular, Employee-1 was instructed to go to Epstein’s Palm Beach residence in October of 2005 and help someone who was coming to remove computers from the house. This exemplar is a case in which the Government expects to offer the statement without use of Rule 801(d)(2)(E). The instructions are not hearsay because the Government will not offer them for their truth. Rather, these statements are offered to demonstrate their impact on the listener—Employee-1—in order to explain why Employee-1 removed computers from Epstein’s Palm Beach house in October of 2005. Asa result, the proffered statement is not hearsay. Dupree, 706 F.3d at 136 (“[A] statement offered to show its effect on the listener is not hearsay.”). Although this event post-dated the time period contained in the Indictment, it explains why the members of the Palm Beach Police Department found that computer hard drives appeared to be missing from Epstein’s Palm Beach residence when they executed a search warrant there on October 20, 2005. In particular, the Government expects a member of the search team to testify that during the search, he observed computer monitors and keyboards without any hard drives DOJ-OGR-00006960