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10 11 12 13 14 15 16 17 18 19 20 21 ae 23 Case 1:20-cr-00330-PAE Document563_ Filed 12/18/21 Page 133 of 167 New York Penal Law, Section 130.55; (3) In or about 1996, Maxwell provided Annie with an unsolicited massage in New Mexico, during which Annie was topless; (4) Between in or about 2001 and in or about 2002, when Carolyn was under the age of 17, Maxwell and Epstein invited Carolyn to travel from Florida to a place outside of Florida with Epstein. With respect to the overt acts for Count Five, the Indictment alleges as follows: (1) Between in or about 2001 and in or about 2004, Epstein and Maxwell recruited Carolyn to engage in sex acts with Epstein at the Palm Beach Residence, after which Epstein and, at times, Maxwell provided Carolyn with hundreds of dollars in cash for each encounter. Carolyn truthfully told both Epstein and Maxwell her age; (2) Between in or about 2001 and in or about 2004, Epstein and Maxwell both encouraged and enticed Carolyn to recruit other girls to engage in paid sex acts with Epstein, which she did; (3) Between in or about 2001 and in or about 2004, Epstein's employees sent Carolyn gifts, including lingerie, from an address in the Southern District of New York to Carolyn’s residence in Florida. For example, on one occasion in or about October of 2002, Epstein caused a package to be sent by Federal Express from an address in Manhattan to Carolyn in Florida; (4) On multiple occasions between in or about 2001 and in or about 2004, Epstein, Maxwell, or one of Epstein's other employees called Carolyn to schedule an appointment for Carolyn to massage Epstein. For example, in or about April of 2004 and May of 2004 another employee of Epstein's called Carolyn to schedule such appointments. In order for the Government to satisfy this element, it is not necessary for the Government to prove that Ms. Maxwell committed the overt act. It is sufficient for the Government to show that any of the members of the conspiracy knowingly committed some overt act in furtherance of the conspiracy. Further, the overt act need not be one that is alleged in the Indictment. Rather, it can be any overt act that is substantially similar to those acts alleged in 50 DOJ-OGR-00008671