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Case 1:20-cr-00330-PAE Document 480 Filed 11/21/21 Page3of9 III. Factual and Procedural History A. The Allegations in the Superseding Indictment Counts One and Three of the S2 Indictment allege that Ms. Maxwell conspired to violate two separate provisions of the Mann Act, 18 U.S.C. §§ 2422, 2423(a). Count One alleges that Ms. Maxwell conspired to entice "one and more individuals” to travel in interstate and foreign commerce to engage in "sexual activity for which a person can be charged with a criminal offense" in violation of 18 U.S.C. § 2422. (S2 Indictment 411-13). Count Three alleges that Ms. Maxwell conspired to transport "an individual" in interstate and foreign commerce to engage in "sexual activity for which a person can be charged with a criminal offense" in violation of 18 U.S.C. § 2423(a). (Id. J 16-19). Counts One and Three allege overt acts purportedly involving Accusers 1, 2, and 4 and Witness-3.! Count Two of the S2 Indictment alleges enticement to engage in illegal sex acts in violation of the Mann Act, 18 U.S.C. § 2422. Count Four alleges transportation of a minor to engage in illegal sexual activity in violation of 18 U.S.C. § 2423. Counts Two and Four concern Accuser-1. Counts Five and Six of the S2 Indictment allege that Ms. Maxwell violated and conspired to violate the federal sex trafficking statute, 18 U.S.C. § 1591. Count Five alleges that Ms. Maxwell conspired with Epstein and others to recruit "a person" knowing that the person "had not attained the age of 18 years and would be caused to engage in a commercial sex act" in violation of 18 U.S.C. § 1591(a). (id. 9] 23-24). Count Six charges Ms. Maxwell with a substantive violation of § 1591(a), claiming she "did recruit, entice, harbor, transport, provide, ' Pursuant to the Court’s ruling at the November 10, 2021 conference, we will refer to Accuser-3 as “Witness-3.” However, for ease of reference, we will refer to these four women collectively as the “Accusers.” DOJ-OGR-00007360