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Case 1:20-cr-00330-PAE Document 647 Filed 03/11/22 Page 18 of 24

The government’s decision to add Counts Five and Six, which are based on the same conduct, did not suddenly convert Carolyn’s abuse and the conduct she described in the Palm Beach residence from 2001-2004 into a separate, distinct conspiracy. In fact, the conduct in the 2000s that Carolyn described was no different than the conduct in the 1990s that Jane described. Like Carolyn, Jane testified that Epstein gave her money after almost every sexual encounter with him at this Palm Beach residence, which would support a sex trafficking charge. (Tr. 301-02). Indeed, the government concedes that the only reason it did not expand Count Five to include Jane and Annie Farmer’s abuse (as it had expanded Counts One and Three to include Carolyn’s abuse) was that the sex trafficking statute was not enacted until after their abuse had occurred. (Opp. at 28). Had that legal impediment not existed, the government could have, and no doubt would have, broadened the date range of Count Five to 1994-2004, as it had done with Counts One and Three, and included overt acts related to Jane. Instead, the government included a more narrow sex trafficking count based primarily on Carolyn’s allegations from 2001-2004, but still framed all of the charges in the Indictment as the product of a single, decade-long scheme between Epstein and Ms. Maxwell to “groom” and recruit minor girls to be sexually abused at Epstein’s various residences from 1994 to 2004. (See Ind. ¶¶ 1-2, Overview Section). Accordingly, the offenses charged in the Indictment support a finding of multiplicity.

B. Overlap in Participants, Time, and Geographic Scope

The government makes a half-hearted attempt to deny the obvious overlap between Counts Three and Five in participants, time period, and geographic scope. (Opp. at 30-32). For example, the government argues that some “but importantly, not all” of the participants in the two conspiracies overlapped, and notes that Sarah Kellen, who scheduled massage appointments for Epstein in Palm Beach, only appeared in the 2000s during the time period of the sex trafficking conspiracy. (Opp. at 30-31). But in the end, the government concedes, as it must,

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