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Case 1:20-cr-00330-PAE Document 657 Filed 04/29/22 Page 19 of 45

commercial sex act; and (4) the Defendant’s acts were in or affecting interstate commerce; or that the Defendant aided and abetted the same. Jury Charge at 32, 37. Count Six applied solely to Carolyn during the period 2001 to 2004. Id. at 32.

Carolyn testified that when she was under the age of eighteen, the Defendant would call her to set up appointments for Carolyn to perform sexualized massages on Epstein. Trial Tr. 1527, 1530. Carolyn explained the sexual activities that occurred during the massages. Id. at 1544–47. Carolyn testified that the Defendant saw her naked in the massage room and continued to call Carolyn to schedule appointments with Epstein. Id. at 1538. She recalled a specific incident when she was fourteen in which she was naked in the massage room and the Defendant touched her breasts and commented that Carolyn “had a great body for Mr. Epstein and his friends.” Id. at 1536–38. Carolyn testified that the Defendant knew that she was under the age of eighteen and continued to call her to schedule appointments with Epstein after learning that fact. Id. at 1535. Carolyn further testified that she received money in exchange for performing sexualized massages on Epstein. E.g., id. 1523. She recalled that while money was often left on the sink outside of the massage room, the Defendant paid her directly after massages on one or two occasions. Id. at 1540–41. Carolyn’s testimony was corroborated by Shawn, Carolyn’s boyfriend at the time, and physical evidence including phone message pads. This evidence was plainly sufficient for the jury to find beyond a reasonable doubt that the Defendant committed sex trafficking of an individual under eighteen, or aided and abetted Epstein in doing so.³

³ If the Court were to conclude that Count Five is not multiplicitous, it would deny the Defendant’s Rule 29 motion as to Count Five. Count Five charged the Defendant with participating in a conspiracy to commit sex trafficking of individuals under the age of eighteen from about 2001 to 2004. The evidence that supports the Defendant’s conviction of Count Six, the substantive count, also supports the Count Five conspiracy conviction. Additionally, Juan Alessi testified that the Defendant approached Virginia Roberts in a parking lot and that he then saw her at Epstein’s Palm Beach residence later that day. Trial Tr. at 841–43. Documentary evidence, including flight records, established that Virginia was under the age of eighteen when she met the Defendant and Epstein. See, e.g., id. at 1855 (December 2000 flight record including Epstein, the Defendant, and Virginia); see also GX-14 (birth certificate). Carolyn testified that Virginia recruited her and that Virginia performed sexualized massages on

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