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ay Case 1:20-cr-00330-PAE Document536 Filed 12/10/21 Page 36o0f43 36 LBNAMAXTps illegal sexual activity, as the government has charged in the N Ww ws Oo OY ~] oO Ke) Ww a OY 20 21 22 23 24 25 indictment." So it sounds to me, from what you're saying, is that the first part of that sentence may be factually in dispute. But the key, I think, goes to the latter part of the sentence, which is that the sexual conduct she says occurred with Mr. Epstein was not illegal sexual activity as the government has charged in the indictment. You agree with that. MR. ROHRBACH: That's correct, your Honor. THE COURT: So let me work on this one, and I'll propose —- I mean, I'll put out a new proposal after I've had some time to absorb. MR. ROHRBACH: f may make just one other point, your Honor, related to this, which is that, given that we've charged this as a -- minor Victim 2 is only charged in the conspiracy counts of the indictment. And so whether or not events that took place in New Mexico constitute illegal sexual activity within the meaning of the Mann Act doesn't bear on whether there was an independent to engage -- sorry. It bears on whether there was an intent to engage in illegal sexual activity in New York but only insofar as that sexual activity in New Mexico would satisfy the New York definition of -- THE COURT: Yes. MR. ROHRBACH: And so whether or not -- THE COURT: I understand. The only fear of confusion is if they think that you've established the illegal sexual SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00008346