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Case 1:20-cr-00330-PAE Document 494 _ Filed 11/22/21 Page3of12 The Honorable Alison J. Nathan November 11, 2021 Page 3 The government devotes only a single paragraph to explaining why Accuser-3’s evidence is admissible as direct evidence of the sex trafficking conspiracy charged in Count Five. See November 5 Ltr. at 6-7. The few reasons the government does give are meritless. The government starts by asserting that Accuser-3’s evidence is admissible to prove the sex trafficking conspiracy for the same reasons that it is admissible to prove the Mann Act conspiracies — reasons which the Court has already rejected. See id. at 6. The government then makes the puzzling assertion that Accuser-3’s evidence is admissible because it “demonstrates the reasons for a co- conspirator’s participation in the conspiracy.” Jd. Specifically, the government asserts that the evidence shows that (1) “minors who gave sexualized massages to Epstein were compensated,” which the government contends is proof that Ms. Maxwell and Epstein “recruited and enticed girls to engage in commercial sex acts”; and (2) “Epstein was sexually attracted to girls of a certain age, typically under the age of eighteen,” which the government contends is proof that Ms. Maxwell and Epstein engaged in sex trafficking of minors under the age of eighteen. Jd. at 6-7. These arguments are misguided and unpersuasive. First, neither of the two specific bases for admission speaks to “the reasons for” Ms. Maxwell’s alleged participation in the sex trafficking conspiracy, as the government claims. Second, the two specific bases for admission are legally and factually flawed. 2049808. 1 DOJ-OGR-00007439