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Case 1:20-cr-00330-PAE Document600_ Filed 02/11/22 Page 15 of 37 wit” clauses that the charges were based on Jane’s travel “from Florida to New York, New York” where Ms. Maxwell intended for her to engage in sex acts with Epstein “in violation of New York Penal Law, Section 130.55.” Ind. (15,21. The Mann Act conspiracy counts (Counts One and Three) alleged generally that the object of the conspiracies was to entice or cause underage girls to travel across state lines with the intent that they “engage in sexual activity for which a person can be charged with a criminal offense.” Ind. J§ 12, 18. However, each count specified in the overt acts that the relevant criminal offense was a “violation of New York Penal Law, Section 130.55.” Ind. {fj 13b, 19b. See Attanasio, 870 F.2d at 816 (overt acts can narrow the core of criminality of a conspiracy offense); Gross, 2017 WL 4685111, at *20 (“[A]lthough an indictment ‘drawn in general terms’ may articulate a broad core of criminality, an indictment that is drawn in specific terms may be read to specify a narrower set of facts[.]” (quoting Wozniak, 126 F.3d at 109-10)). Even more important than the language of the Indictment were the government’s own statements to the Court about the scope of the Mann Act counts. As set forth above, the government consistently represented to the Court, in numerous conferences and filings, that a conviction under the Mann Act counts had to be based on an intent or an agreement to violate New York law, specifically New York Penal Law, Section 130.55. See, e.g., 11/1/2021 Tr. 68:2- 4 (“With respect to the Mann Act conspiracies, the particular criminal sexual activity relates to a particular statute in New York.”); Dkt. 410-1 at 52 (“The Government’s proposed instructions only permit the jury to convict on a violation of New York Penal Law Section 130.55.” (emphasis added)); Tr. 2775:3-6 (“[A]t least as to these Mann Act charges, and the jury is going to be instructed here that the relevant illegal sexual activity has to be the violation of the New York offense.”). 10 DOJ-OGR-00008939