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Case 1:20-cr-00330-PAE Document600 _ Filed 02/11/22 Page 8 of 37 A. Background Facts 1. Legal Instructions to the Jury The possible bases for conviction on the Mann Act counts was an issue that came up repeatedly and litigated extensively in the context of the motions in /imine, the Court’s limiting instructions at trial, and the jury charge. On these occasions, the government repeatedly confirmed that a conviction on the Mann Act counts could only be based on an intent to violate New York law—specifically, New York Penal Law, Section 130.55—and not any other state’s penal laws. Yet the government also repeatedly objected to defense efforts to clarify that point and ensure that the jury did not improperly consider evidence of sexual conduct that took place outside of New York. For example, when the defense moved in limine to preclude Kate’s testimony on the grounds that she was above the age of consent in the relevant jurisdictions and therefore her testimony was not probative of the Mann Act conspiracies, the government confirmed that Ms. Maxwell could only be convicted on the Mann Act conspiracies based on a violation of New York law: THE COURT: ... [I]f the only evidence in the case pertained to [Kate], if all the testimony of [Kate] is accepted by the jury, could the defendant be found guilty of any crimes charged in the indictment? K * XK MS. MOE: ...The answer is no.... With respect to the Mann Act conspiracies, the particular criminal sexual activity relates to a particular statute in New York.... THE COURT: The particular statute in New York ... that’s [130.55] right? MS. MOE: Yes, your Honor. THE COURT: So the Mann Act ... the case that the government is going to prove here is going to incorporate that as the illegal sexual conduct. DOJ-OGR- 00008932