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Case 1:20-cr-00330-PAE Document600_ Filed 02/11/22 Page6of37 Ghislaine Maxwell respectfully submits this Omnibus Memorandum in Support of her Post-Trial Motions. For the reasons set forth below, Ms. Maxwell moves the Court, in the alternative, to: 1. Vacate her convictions as to the Mann Act counts (Counts One through Four) and grant a new trial under Rule 33 because the convictions were based on a constructive amendment/variance from the allegations in the S2 Indictment (the “Indictment’”). 2. Enter judgment on only one of the three conspiracy counts because they are multiplicitous. 3. Vacate her convictions as to all counts and dismiss the Indictment due to pre- indictment delay. 4. Enter a judgment of acquittal as to all counts under Rule 29 because the government failed to prove each element of the crimes charged beyond a reasonable doubt. ARGUMENT I. The Court Must Vacate Ms. Maxwell’s Convictions on the Mann Act Counts Due to a Constructive Amendment/Variance from the Crimes Charged in the Indictment. Throughout this case, the government has consistently maintained that to convict Ms. Maxwell on the Mann Act Counts (Counts One through Four), it was necessary to prove that Ms. Maxwell enticed or caused underaged girls to travel to New York, or conspired to do the same, with the intent that they would engage in illegal sexual activity that violated New York law. The government further acknowledged that evidence of sexual activity that occurred in locations outside of New York, like Epstein’s residences in New Mexico and Florida, was not, by itself, sufficient to convict Ms. Maxwell on the Mann Act charges. Nevertheless, the government repeatedly resisted numerous efforts by the defense to clarify these points for the jury, both in limiting instructions or in the jury charge itself. The government stressed over and over that the jury could not possibly be confused that the Mann Act counts had to involve a violation of New York law because the jury instructions charged DOJ-OGR-00008930