DOJ-OGR-00010393.jpg

Case 1:20-cr-00330-PAE Document 657 Filed 04/29/22 Page 27 of 45

York. Maxwell Reply at 5. The jury charge and limiting instructions at trial thus instructed the
jury on the core of criminality.

Second, the Government marshaled evidence that captured the core of criminality as pled
in the Indictment and instructed by the Court. Jane testified that after she met the Defendant and
Epstein at a summer camp, Epstein began engaging in sexual activity with her at his residence in
Florida. Trial Tr. at 293–95, 305–06. Jane then began traveling with Epstein and the Defendant
when she was fourteen years old. Id. at 315. As the Defendant notes, the majority of Jane’s
testimony discussing travel pertained to trips to New York and sexual activity that took place in
New York. Maxwell Br. at 13. In her testimony, Jane recalled specific details of Epstein’s New
York residence and the sexual acts that occurred there. See Trial Tr. at 316–20. She explained
that while she “mainly” traveled to New York on Epstein’s private plane, she also took
commercial flights. Id. at 316. She further testified that the Defendant assisted in making these
travel arrangements. Id. at 316–17. Corroborating evidence included flight records to New York
and photos of Epstein’s New York residence matching Jane’s description. See id. at 320.

In addition to the New York trips, Jane testified about a trip she took to New Mexico with
the Defendant and Epstein when she was fifteen or sixteen years old. Id. at 321. In her
testimony regarding this trip, which spanned only three transcript pages, Jane explained that
during the trip Epstein engaged in sexual activity with her similar to what took place in New
York. See id. at 321–23. As explained above, testimony about sexual activity in other states,
including Florida and New Mexico, was relevant to the Defendant’s intent. The testimony was
part and parcel of the Defendant and Epstein’s scheme to groom underage girls at Epstein’s
various properties, including in New Mexico and Palm Beach, to then be transported to New
York for sexual activity illegal under New York law. Accordingly, this particular testimony was

27

DOJ-OGR-00010393