DOJ-OGR-00016458.jpg
644 KB
Extraction Summary
3
People
2
Organizations
0
Locations
2
Events
2
Relationships
3
Quotes
Document Information
Type:
Legal document
File Size:
644 KB
Summary
This document is a page from a court transcript dated August 10, 2022, in which an attorney argues that the evidence against an individual named Ghislaine is insufficient to prove criminal enticement. The attorney contends that her role in arranging travel was merely a 'ministerial function,' akin to a travel agent, and did not involve the persuasion or inducement required by the statute. To support this claim, the attorney cites the 2008 Second Circuit case, United States v. Joseph, as a legal precedent.
People (3)
| Name | Role | Context |
|---|---|---|
| Ghislaine | Subject of legal argument |
Mentioned as the person who arranged travel, with the speaker arguing her actions were a 'ministerial function' and n...
|
| Joseph | Defendant in a cited case |
Mentioned as the defendant in the case United States v. Joseph, which is used as a legal precedent.
|
| your Honor | Judge |
Addressed by the speaker throughout the legal argument.
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| Second Circuit | government agency |
Mentioned as the court that reversed the conviction in the United States v. Joseph case.
|
| SOUTHERN DISTRICT REPORTERS, P.C. | company |
Listed at the bottom of the page, likely the court reporting service that transcribed the proceedings.
|
Timeline (2 events)
2022-08-10
An attorney presents a legal argument to a judge regarding the insufficiency of evidence against Ghislaine.
Courtroom (unspecified)
Unnamed speaker (attorney)
your Honor (Judge)
Relationships (2)
Unnamed speaker (attorney)
→
professional
→
your Honor (Judge)
The speaker formally addresses the judge as 'your Honor' while presenting a legal argument in a court setting.
The speaker is making legal arguments on behalf of or regarding Ghislaine, suggesting a client-attorney relationship or a similar legal role.
Key Quotes (3)
"It seems like the best we have on this record is that she performed a ministerial function of arranging the travel. But that is not doing something, a cause, that produces an effect; that is simply doing paperwork."Source
— Unnamed speaker (attorney)
(Arguing that Ghislaine's actions did not constitute a criminal act but were merely administrative.)
DOJ-OGR-00016458.jpg
Quote #1
"The court held that that was not enough to establish persuasion, inducement, enticement under the statute."Source
— Unnamed speaker (attorney)
(Citing the precedent from the United States v. Joseph case to support the argument about the legal standard for enticement.)
DOJ-OGR-00016458.jpg
Quote #2
"We just have her performing what a travel agent would do, which is arranging travel plans. And that is not enough, under the wording of the statute, to prove enticement."Source
— Unnamed speaker (attorney)
(Comparing Ghislaine's actions to those of a travel agent to argue they do not meet the threshold for a crime.)
DOJ-OGR-00016458.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,656 characters)
Case 1:20-cr-00330-PAE Document 759 Filed 08/10/22 Page 242 of 267 2270
LCAVMAX8
LCAVMAX8
1 Ghislaine to have Ghislaine arrange the travel. But she didn't
2 even offer it herself. It seems like the best we have on this
3 record is that she performed a ministerial function of
4 arranging the travel. But that is not doing something, a
5 cause, that produces an effect; that is simply doing paperwork.
6 That is not what the statute was designed to criminalize.
7 There has to be some effort to entice or persuade or induce
8 somebody to travel, which we do not have on this record.
9 And one case I would direct your Honor to is United
10 States v. Joseph, 542 F.3d 13 (2d Cir. 2008). In that case,
11 the Second Circuit reversed the conviction for enticement under
12 this same statute, 2422, because the jury was instructed that
13 they could convict if they found the defendant made the
14 possibility of a sex act "more appealing," as if that was
15 enough to entice, if they made it more appealing.
16 The court held that that was not enough to establish
17 persuasion, inducement, enticement under the statute. And here
18 we don't even have that. We just have her performing what a
19 travel agent would do, which is arranging travel plans. And
20 that is not enough, under the wording of the statute, to prove
21 enticement. And there is nothing also from any member of the
22 conspiracy on that same count, your Honor, doing anything to
23 arrange or induce the travel.
24 So I would argue, your Honor, that on the record we
25 have before us, there is insufficient evidence to establish
2 even offer it herself. It seems like the best we have on this
3 record is that she performed a ministerial function of
4 arranging the travel. But that is not doing something, a
5 cause, that produces an effect; that is simply doing paperwork.
6 That is not what the statute was designed to criminalize.
7 There has to be some effort to entice or persuade or induce
8 somebody to travel, which we do not have on this record.
9 And one case I would direct your Honor to is United
10 States v. Joseph, 542 F.3d 13 (2d Cir. 2008). In that case,
11 the Second Circuit reversed the conviction for enticement under
12 this same statute, 2422, because the jury was instructed that
13 they could convict if they found the defendant made the
14 possibility of a sex act "more appealing," as if that was
15 enough to entice, if they made it more appealing.
16 The court held that that was not enough to establish
17 persuasion, inducement, enticement under the statute. And here
18 we don't even have that. We just have her performing what a
19 travel agent would do, which is arranging travel plans. And
20 that is not enough, under the wording of the statute, to prove
21 enticement. And there is nothing also from any member of the
22 conspiracy on that same count, your Honor, doing anything to
23 arrange or induce the travel.
24 So I would argue, your Honor, that on the record we
25 have before us, there is insufficient evidence to establish
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00016458
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