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735 KB
Extraction Summary
2
People
2
Organizations
0
Locations
3
Events
1
Relationships
5
Quotes
Document Information
Type:
Legal filing (court motion/memorandum)
File Size:
735 KB
Summary
This document is page 11 of a legal defense filing (Case 1:20-cr-00330-AJN) dated January 25, 2021. The text argues that Perjury Counts should not be joined with Mann Act Counts because they are factually distinct and separated by over twenty years. The defense asserts that Ms. Maxwell was not alleged to have conspired with Epstein during the intervening period and was not charged in Epstein's 2007 or 2019 legal proceedings.
People (2)
| Name | Role | Context |
|---|---|---|
| Ghislaine Maxwell | Defendant |
Referenced as 'Ms. Maxwell'. The text argues she did not continue conspiring with Epstein in the intervening time per...
|
| Jeffrey Epstein | Co-conspirator (Alleged) |
Mentioned regarding his Non-Prosecution Agreement in 2007 and his 2019 indictment for sex trafficking.
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| Department of Justice |
Implied by the footer 'DOJ-OGR' and references to 'the government' charging Epstein.
|
|
| Government agencies |
Mentioned in legal citation regarding submission of false information.
|
Timeline (3 events)
2002-2005
2019
Relationships (1)
Text discusses lack of allegation that Ms. Maxwell 'continued conspiring with Epstein' during a specific time period.
Key Quotes (5)
"The Perjury Counts therefore are not “of the same or similar character,” nor are they “based on the same act or transaction” as the Mann Act Counts and cannot be joined."Source
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Quote #1
"Furthermore, the perjury offenses purportedly occurred more than twenty years after the offenses alleged in the Mann Act Counts."Source
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Quote #2
"There is no allegation that Ms. Maxwell continued conspiring with Epstein, or engaged in any misconduct at all, in the intervening time period."Source
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Quote #3
"In fact, the government did not charge Ms. Maxwell in connection with the investigation that led to Epstein’s Non-Prosecution Agreement in 2007, or in its 2019 indictment of Epstein..."Source
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Quote #4
"Joinder is improper when the offenses are separated by such a significant time period and do not relate to each other."Source
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Quote #5
Full Extracted Text
Complete text extracted from the document (2,141 characters)
Case 1:20-cr-00330-AJN Document 120 Filed 01/25/21 Page 11 of 19
accusers were not part of the subject matter of the defamation action, nor were they deposed as
witnesses in that case. The Perjury Counts therefore are not “of the same or similar character,”
nor are they “based on the same act or transaction” as the Mann Act Counts and cannot be
joined. Fed. R. Crim. P. 8(a); see Halper, 590 F.2d at 430 (temporally and factually distinct
Medicaid fraud and tax evasion offenses were not based on same transaction, nor were they “of
the same or similar character” simply because both involved attempts to submit false information
to government agencies).
witnesses in that case. The Perjury Counts therefore are not “of the same or similar character,”
nor are they “based on the same act or transaction” as the Mann Act Counts and cannot be
joined. Fed. R. Crim. P. 8(a); see Halper, 590 F.2d at 430 (temporally and factually distinct
Medicaid fraud and tax evasion offenses were not based on same transaction, nor were they “of
the same or similar character” simply because both involved attempts to submit false information
to government agencies).
Furthermore, the perjury offenses purportedly occurred more than twenty years after the
offenses alleged in the Mann Act Counts. There is no allegation that Ms. Maxwell continued
conspiring with Epstein, or engaged in any misconduct at all, in the intervening time period. In
fact, the government did not charge Ms. Maxwell in connection with the investigation that led to
Epstein’s Non-Prosecution Agreement in 2007, or in its 2019 indictment of Epstein, which
charged Epstein with sex trafficking offenses from 2002-2005. Joinder is improper when the
offenses are separated by such a significant time period and do not relate to each other. See
Martinez, 1993 WL 322768, at *8-*9 (joinder of firearm possession and narcotics conspiracy
counts improper under Rule 8(a) where firearm was seized in different location over four months
after narcotics conspiracy ended “under circumstances having no bearing on either the alleged
narcotics conspiracy, or any of [defendant’s] coconspirators”); Brown, 2008 WL 161146, at *5
(joinder improper under Rule 8(a) where a firearm possession count was unrelated “both
physically and temporally” to narcotics counts in indictment (emphasis original)).
offenses alleged in the Mann Act Counts. There is no allegation that Ms. Maxwell continued
conspiring with Epstein, or engaged in any misconduct at all, in the intervening time period. In
fact, the government did not charge Ms. Maxwell in connection with the investigation that led to
Epstein’s Non-Prosecution Agreement in 2007, or in its 2019 indictment of Epstein, which
charged Epstein with sex trafficking offenses from 2002-2005. Joinder is improper when the
offenses are separated by such a significant time period and do not relate to each other. See
Martinez, 1993 WL 322768, at *8-*9 (joinder of firearm possession and narcotics conspiracy
counts improper under Rule 8(a) where firearm was seized in different location over four months
after narcotics conspiracy ended “under circumstances having no bearing on either the alleged
narcotics conspiracy, or any of [defendant’s] coconspirators”); Brown, 2008 WL 161146, at *5
(joinder improper under Rule 8(a) where a firearm possession count was unrelated “both
physically and temporally” to narcotics counts in indictment (emphasis original)).
The Perjury Counts and the Mann Act Counts are also not “parts of a common scheme or
plan.” Fed. R. Crim. P. 8(a). As a general matter, perjury, false statements, and obstruction of
justice offenses are sufficiently connected to and appropriately joined with underlying
plan.” Fed. R. Crim. P. 8(a). As a general matter, perjury, false statements, and obstruction of
justice offenses are sufficiently connected to and appropriately joined with underlying
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DOJ-OGR-00002289
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