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Case 1:20-cr-00330-PAE Document 621 Filed 02/25/22 Page 8 of 51

the Government “consistently maintained that to convict [the defendant] on the Mann Act Counts
(Counts One through Four), it was necessary to prove that [the defendant] enticed or caused
underaged girls to travel to New York, or conspired to do the same, with the intent that they would
engage in illegal sexual activity that violated New York law.” (Def. Mot. at 1). The Government
never advanced a theory that the illegal sexual activity identified in the S2 Indictment was sexual
activity that occurred outside New York.

At trial, the Government marshalled evidence that the defendant knowingly transported
Jane to New York, and aided and abetted Epstein in doing so, with the intent that Jane engage in
criminal sexual activity there in violation of New York law. That evidence included testimony
from Jane in detail about Epstein’s New York residence (Tr. 316-19) and specific sexual acts that
took place in New York while Jane was a minor (Tr. 319-20). As the defendant rightly concedes,
“most of [Jane’s] trips were to New York” and “the majority of Jane’s testimony about the trips
consisted of a description of Epstein’s house in New York and the sexual abuse she experienced
there.” (Def. Mot. at 13). The Government also offered significant corroborating evidence,
including flight records and photographs of Epstein’s New York residence. On the conspiracy
counts, the Government also offered evidence that the defendant and Epstein transported another
victim, Virginia Roberts, to New York while she was a minor. (See, e.g. Tr. 1862 (describing a
flight from 2001 in which Epstein, the defendant, and Virginia flew from Maine to Teterboro, New
Jersey)).

The Government’s summation similarly discussed the Mann Act offenses as encompassing
conduct directed at New York. The Government explained that Count Two “is about Jane and

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