DOJ-OGR-00013833.jpg
644 KB
Extraction Summary
2
People
2
Organizations
0
Locations
2
Events
2
Relationships
2
Quotes
Document Information
Type:
Legal document
File Size:
644 KB
Summary
This document is a transcript from a court proceeding on August 10, 2022, where an attorney argues that their client, Ghislaine, should not be convicted of enticement. The attorney contends that her act of arranging travel was merely a 'ministerial function,' akin to a travel agent's work, and lacked the necessary element of persuasion or inducement required by the statute. The argument is supported by citing the 2008 Second Circuit precedent in 'United States v. Joseph'.
Organizations (2)
| Name | Type | Context |
|---|---|---|
| Second Circuit | Government agency |
Mentioned as the court that reversed a conviction for enticement in the case of United States v. Joseph.
|
| SOUTHERN DISTRICT REPORTERS, P.C. | Company |
Listed at the bottom of the document, likely the court reporting service that transcribed the proceeding.
|
Timeline (2 events)
2008
The legal case of United States v. Joseph, in which the Second Circuit reversed a conviction for enticement.
Second Circuit Court of Appeals
2022-08-10
An attorney presents an argument to a judge that there is insufficient evidence to establish enticement related to arranging travel.
Courtroom (implied)
Unnamed speaker (attorney)
your Honor (Judge)
Relationships (2)
The speaker is making a legal argument on behalf of Ghislaine, implying an attorney-client relationship.
Unnamed speaker (attorney)
→
Professional
→
your Honor (Judge)
The speaker addresses the judge formally as 'your Honor' within a court proceeding.
Key Quotes (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)
(The core of the argument that the defendant's actions did not meet the legal threshold for a crime.)
DOJ-OGR-00013833.jpg
Quote #1
"So I would argue, your Honor, that on the record we have before us, there is insufficient evidence to establish"Source
— Unnamed speaker (attorney)
(The concluding statement of the argument presented to the judge.)
DOJ-OGR-00013833.jpg
Quote #2
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
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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-00013833
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