DOJ-OGR-00007137.jpg

Case 1:20-cr-00330-PAE Document465 _ Filed 11/15/21 Page 86 of 127 86 LB1TMAX3 1 MS. MOE: That's correct, your Honor. 2 THE COURT: So I need to get something in writing on 3 the trafficking count, because you haven't raised it directly 4 before and the defense hasn't had an opportunity to respond to 5 it before. 6 With respect to how this has been argued, I don't 7 think there's a basis to exclude entirely, but let me tell you 8 my thinking and I will hear a reaction to it. 9 Th vidence related to alleged Victim-3, as the 10 government describes her, is not direct evidence of the 11 conspiracy charged in Counts One and Three of the indictment. 12 Counts One and Three charge the defendant with conspiracy to 13 entice minors to travel to engage in illegal sex acts and 14 conspiracy to transport minors with intent to engage in 15 criminal sexual activity. 16 The parties agree that alleged Victim-3 was 17 at the 17 time she was acquainted with the defendant and Epstein in 18 London, England where the age of consent is 16. Moreover, she 19 can't recall, and the government wouldn't be able to establish 20 that she was invited to travel with the defendant when she was 21 17 or 18. And because the alleged victim was over the age of 22 consent in all relevant jurisdictions and, therefore, any 23 alleged sexual activity was lawful, the alleged conduct does 24 not arise out of the same transactions or series of 25 transactions as the charged offense. It's not inextricably SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00007137