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Case 1:20-cr-00330-PAE Document524 Filed 12/05/21 Page2of2 Accordingly, the Government respectfully requests that the Court inform the jury that the Government and Witness-3 are simply following the Court’s instructions. The Government proposes the following addition to the limiting instruction the Court is already planning to give before Witness-3 testifies. You will hear testimony from the next witness about interactions that she says she had with the Defendant and Mr. Epstein. I instruct you that because the witness was over the relevant age of consent at the relevant time period, any sexual conduct she says occurred with Mr. Epstein was not “illegal sexual activity” as the Government has charged in the Indictment. For that reason, I have directed the parties not to ask Witness-3 about the details of any sexual conduct she says occurred with Mr. Epstein. | instruct you that this witness is not a victim of the crimes charged in the Indictment. To the extent you conclude that her testimony is relevant to the issues before you, you may consider it. However, you may not convict the Defendant on the basis of the testimony regarding the sexual conduct between this witness and Mr. Epstein. Nor may you consider this testimony as any kind of reflection on Mr. Epstein’s nor Ms. Maxwell’s character or propensity to commit any of the crimes charged in the Indictment. This addition to the proposed instruction is neutral but mitigates the risk of prejudice to the Government. Respectfully submitted, DAMIAN WILLIAMS United States Attorney By: __s/ Maurene Comey Alison Moe Lara Pomerantz Andrew Rohrbach Assistant United States Attorneys Southern District of New York Cc: Defense Counsel (by ECF) DOJ-OGR-00008224