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Case 1:20-cr-00330-PAE Document 487 Filed 11/22/21 Page5of8 Page 5 amounts—which the defendant cites in her motion. (Def. Mot. at 5). Thus, if these records are relevant at all, they are “otherwise procurable.” Pena, 2016 WL 8735699, at *2.4 The defendant also argues that the subpoenaed records contain prior statements of the Minor Victims, presumably suggesting that they may be admissible as prior inconsistent statements. (Def. Mot. at 4). This argument misses the mark. Any statements in the EVCP’s files are unlikely to be inconsistent in light of the context in which they were made. See United States v. Barrow, 400 F.3d 109, 123 (2d Cir. 2005) (citing United States v. Strother, 49 F.3d 869, 875 (2d Cir. 1995) for the proposition that an omission in a prior statement “should have been admitted as an inconsistent statement because it would have been natural for the witness to include the fact” (internal quotation marks and alterations omitted)). In order to initiate a proceeding with the Epstein Victims Compensation Fund, a victim must articulate a claim “directed against Epstein.” (Indep. Epstein Victims’ Compensation Program Protocol, Def. Mot. Ex. 1 Attachment A Ex. | at 3 (emphasis added)). And in that context, it would be wholly unsurprising if victims spoke at times about their experience with Epstein without discussing the defendant.° Further, if it were true (as the defendant argues above) that EVCP funds will reveal the Minor Victims’ bias because their recovery from the EVCP was aided by the Government’s continued case against the defendant, one would expect that any statements by the Minor Victims to the EVCP regarding the defendant would be consistent with their statements to the Government and at trial. If the Minor * Indeed, because all four Minor Victims identified in the subpoena have resolved their claims with the EVCP, there is no reason to think their trial testimony will be biased in order to advance their claims in a now-completed settlement process. > Consider, for instance, if a victim met Epstein and the defendant together on a certain date. It would be entirely consistent for the victim to testify as much on the stand, and to tell the EVCP that she “met Epstein”—without mentioning the defendant—on that date. DOJ-OGR-00007397