DOJ-OGR-00020990.jpg
607 KB
Extraction Summary
5
People
2
Organizations
1
Locations
3
Events
4
Relationships
0
Quotes
Document Information
Type:
Legal document
File Size:
607 KB
Summary
This legal document analyzes two counts from an indictment against an unnamed Defendant. Count Three alleges a conspiracy from 1994-2004 to transport minors across state lines for sexual activity, based on testimony from victims Jane, Carolyn, and Annie Farmer. Count Five alleges a conspiracy from 2001-2004 for trafficking individuals for commercial sex acts, based on evidence related to Carolyn and Virginia Roberts. The Defendant argues, and the Court appears to agree, that Count Five is a subset of Count Three.
People (5)
| Name | Role | Context |
|---|---|---|
| Jane | Victim |
Mentioned as one of three victims who testified at trial, providing evidence for the conviction of the Defendant unde...
|
| Carolyn | Victim |
Mentioned as a victim who testified at trial, providing evidence for the conviction of the Defendant under both Count...
|
| Annie Farmer | Victim |
Mentioned as one of three victims who testified at trial, providing evidence for the conviction of the Defendant unde...
|
| Virginia Roberts | Victim |
Mentioned as a victim whose related evidence could be used to convict the Defendant on Count Five.
|
| Defendant | Defendant |
The individual charged in the indictment with conspiracy under Count Three and Count Five.
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| Government | Government agency |
Refers to the prosecution in the case, which presented evidence and explained the charges to the jury.
|
| The Court | Government agency |
The judicial body presiding over the case, which permitted victim witnesses to testify with pseudonyms and is analyzi...
|
Timeline (3 events)
1994-2004
The conspiracy period for Count Three, which charged the Defendant with conspiring to violate the Mann Act by transporting minors across state lines for sexual activity.
2001-2004
The conspiracy period for Count Five, which charged the Defendant with conspiring to violate the Trafficking Victims Protection Act.
Locations (1)
| Location | Context |
|---|---|
|
Mentioned in the context of the 'New York Penal Law Section 130.55', which was the relevant state offense for the Cou...
|
Relationships (4)
Jane is described as a victim who testified against the Defendant in relation to the charges in Count Three.
Carolyn is described as a victim who testified against the Defendant in relation to the charges in both Count Three and Count Five.
Annie Farmer is described as a victim who testified against the Defendant in relation to the charges in Count Three.
Evidence related to Virginia Roberts was presented by the Government for the jury to convict the Defendant on Count Five.
Full Extracted Text
Complete text extracted from the document (2,073 characters)
Case 22-1426, Document 58, 02/28/2023, 3475901, Page164 of 221
A-364
Case 1:20-cr-00330-AJN Document 657 Filed 04/29/22 Page 7 of 45
A-364
Case 1:20-cr-00330-AJN Document 657 Filed 04/29/22 Page 7 of 45
B. Analysis
A further summary of the two counts at issue is required. As briefly outlined above, Count Three of the Indictment charged the Defendant under 18 U.S.C. § 371, the general federal conspiracy statute, with conspiring to violate 18 U.S.C. § 2423(a) (the Mann Act), by transporting minors across state lines with the intent to engage in sexual activity criminalized by state law. S2 Indictment ¶¶ 16–18. In this case, the relevant state offense was New York Penal Law Section 130.55, which criminalizes sexual contact with an individual known to be under the age of seventeen. Trial Tr. 3034–35. The Count Three conspiracy spanned from 1994 to 2004. S2 Indictment ¶ 17. As the Government explained in its summation, the jury could convict the Defendant under Count Three based on evidence related to Jane, Carolyn, and Annie Farmer, three victims who testified at trial. Trial Tr. at 2895.²
Count Five of the Indictment also charged the Defendant under 18 U.S.C. § 371, but for conspiring to violate 18 U.S.C. §§ 1591(a) & (b) (the Trafficking Victims Protection Act), by trafficking individuals under the age of eighteen for commercial sex acts that affect interstate commerce. S2 Indictment ¶¶ 22–24. Count Five’s conspiracy spanned from 2001 to 2004. Id. ¶ 23. The Government explained to the jury that it could convict the Defendant on Count Five based on evidence related to Carolyn and Virginia Roberts. Trial Tr. at 2896.
The Defendant primarily contends that Count Five is a subset of, is subsumed in, or is otherwise too similar to Count Three under the Korfant factors. The Court agrees. Although some Korfant factors favor the Government, the weight of the factors—supplemented by a review of the Government’s case presented at trial—demonstrates that the Government has not
² The Court permitted certain victim witnesses to testify using a pseudonym or first name. See Nov. 1, 2021 Tr. at 6–7.
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DOJ-OGR-00020990
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