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Case 1:20-cr-00330-AJN Document 120 Filed 01/25/21 Page 6 of 19

the trial, raise a substantial risk of juror confusion, and may operate to deprive Ms. Maxwell of
her counsel of choice. Accordingly, the Court should sever Counts Five and Six.

OVERVIEW OF THE ALLEGATIONS

A. Counts One through Four (the “Mann Act Counts”)

Counts One and Three of the Indictment allege that Ms. Maxwell conspired with Jeffrey
Epstein and “others known and unknown” to violate two separate provisions of the Mann Act.
Count One alleges that Ms. Maxwell conspired with Epstein to entice “one or more individuals”
to travel in interstate and foreign commerce to engage in “sexual activity for which a person can
be charged with a criminal offense” in violation of 18 U.S.C. § 2422. Indictment ¶¶ 9-10. Count
Three alleges that Ms. Maxwell conspired with Epstein to transport “an individual” in interstate
and foreign commerce to engage in “sexual activity for which a person can be charged with a
criminal offense” in violation of 18 U.S.C. § 2423(a). Id. ¶¶ 15-16.

Counts One and Three each allege four identical overt acts in furtherance of the
conspiracy involving three accusers.¹ Id. ¶¶ 11, 17. All of the overt acts allegedly occurred at
unspecified times “between in or about 1994 and in or about 1997” in New York, Florida, New
Mexico, and London, England. Id.

Counts Two and Four charge Ms. Maxwell with substantive violations of
18 U.S.C. §§ 2422 and 2423(a). Id. ¶¶ 13, 19. Counts Two and Four allege offenses as to
Accuser-1 only, not Accusers-2 or -3. Id. Like Counts One and Three, Counts Two and Four are
based on conduct that allegedly occurred at unspecified times between 1994 and 1997. Id. ¶¶ 13,
19.

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¹ The indictment refers to the accusers as Minor Victim-1, Minor Victim-2, and Minor Victim-3.
We will refer to them as Accuser-1, Accuser-2, and Accuser-3.

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