{
  "document_metadata": {
    "page_number": "27",
    "document_number": "410-1",
    "date": "11/04/21",
    "document_type": "court document",
    "has_handwriting": false,
    "has_stamps": false
  },
  "full_text": "Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 27 of 93\n\nCount Four: Transportation of a Minor to Engage in Illegal Sexual Activity - First Element\n\nThe first element of Count Four which the government must prove beyond a reasonable doubt is that the defendant Ms. Maxwell knowingly transported an individual Jane Doe-1 pseudonym in interstate or foreign commerce, namely from Florida to New York, as alleged in the Indictment. The phrase, \"transport an individual in interstate or foreign commerce\" means to move or carry, or cause someone to be moved or carried, from one state to another or between the United States and a foreign country.\n\nThe Government does not have to prove that the defendant Ms. Maxwell personally transported the individual Jane Doe-1 pseudonym across a state line. It is sufficient to satisfy this element that the defendant Ms. Maxwell acted through an agent or was actively engaged, either personally or through an agent, in the making of the travel arrangements, such as by purchasing tickets necessary for the individual Jane Doe-1 pseudonym to travel as planned.\n\nThe defendant Ms. Maxwell must have knowingly transported or participated in the transportation of the individual Jane Doe-1 pseudonym in interstate or foreign commerce. This means that the Government must prove that the defendant Ms. Maxwell knew both that she was causing the individual Jane Doe-1 pseudonym to be transported, and that the individual Jane Doe-1 pseudonym was being transported in interstate commerce. As I have explained, an act is done knowingly when it is done voluntarily and intentionally and not because of accident, mistake or some innocent reason.\n\nAdapted from Sand, et al., Modern Federal Jury Instructions, Instr. 64-17; and the charge of the Hon. Richard J. Arcara in United States v. Vickers, 13 Cr. 128 (RJA) (W.D.N.Y.), aff'd, 708 F. App'x 732 (2d Cir. 2017). See United States v. Mi Sun Cho, 713 F.3d 716, 720 (2d Cir. 2013) (sufficient to show transportation where defendant agreed to provide a prostitution job and coordinated and prearranged the date and time of travel); United States v. Purcell, 967 F.3d 159, 191 (2d Cir. 2020) (sufficient to \"agree to provide a prostitution job\" and \"coordinate[] and prearrange[] the dates\" of travel (internal quotation marks and alterations omitted)).\n\nCommented [CE39]: The addition of the word \"actively\" is consistent with Sand See Sand, Instr 64-17\nCommented [RA(40R39)]: GOVERNMENT RESPONSE: Although this word appears in Sand, the basis for it is not clear, and it requires a greater level of involvement than the law of the Circuit See United States v. Purcell, 967 F.3d 159, 191 (2d Cir 2020) (sufficient to \"agree to provide a prostitution job\" and \"coordinate[] and prearrange[] the dates\" of travel (internal quotation marks and alterations omitted))\nCommented [CE41]: \"Participation\" is conspiracy liability It should be addressed in that charge\nCommented [RA(42R41)]: GOVERNMENT RESPONSE: This language links the transportation to the broader definition in the prior paragraph\n\nDOJ-OGR-00006093",
  "text_blocks": [
    {
      "type": "printed",
      "content": "Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 27 of 93",
      "position": "header"
    },
    {
      "type": "printed",
      "content": "Count Four: Transportation of a Minor to Engage in Illegal Sexual Activity - First Element",
      "position": "top"
    },
    {
      "type": "printed",
      "content": "The first element of Count Four which the government must prove beyond a reasonable doubt is that the defendant Ms. Maxwell knowingly transported an individual Jane Doe-1 pseudonym in interstate or foreign commerce, namely from Florida to New York, as alleged in the Indictment. The phrase, \"transport an individual in interstate or foreign commerce\" means to move or carry, or cause someone to be moved or carried, from one state to another or between the United States and a foreign country.",
      "position": "middle"
    },
    {
      "type": "printed",
      "content": "The Government does not have to prove that the defendant Ms. Maxwell personally transported the individual Jane Doe-1 pseudonym across a state line. It is sufficient to satisfy this element that the defendant Ms. Maxwell acted through an agent or was actively engaged, either personally or through an agent, in the making of the travel arrangements, such as by purchasing tickets necessary for the individual Jane Doe-1 pseudonym to travel as planned.",
      "position": "middle"
    },
    {
      "type": "printed",
      "content": "The defendant Ms. Maxwell must have knowingly transported or participated in the transportation of the individual Jane Doe-1 pseudonym in interstate or foreign commerce. This means that the Government must prove that the defendant Ms. Maxwell knew both that she was causing the individual Jane Doe-1 pseudonym to be transported, and that the individual Jane Doe-1 pseudonym was being transported in interstate commerce. As I have explained, an act is done knowingly when it is done voluntarily and intentionally and not because of accident, mistake or some innocent reason.",
      "position": "middle"
    },
    {
      "type": "printed",
      "content": "Adapted from Sand, et al., Modern Federal Jury Instructions, Instr. 64-17; and the charge of the Hon. Richard J. Arcara in United States v. Vickers, 13 Cr. 128 (RJA) (W.D.N.Y.), aff'd, 708 F. App'x 732 (2d Cir. 2017). See United States v. Mi Sun Cho, 713 F.3d 716, 720 (2d Cir. 2013) (sufficient to show transportation where defendant agreed to provide a prostitution job and coordinated and prearranged the date and time of travel); United States v. Purcell, 967 F.3d 159, 191 (2d Cir. 2020) (sufficient to \"agree to provide a prostitution job\" and \"coordinate[] and prearrange[] the dates\" of travel (internal quotation marks and alterations omitted)).",
      "position": "bottom"
    },
    {
      "type": "handwritten",
      "content": "Commented [CE39]: The addition of the word \"actively\" is consistent with Sand See Sand, Instr 64-17",
      "position": "margin"
    },
    {
      "type": "handwritten",
      "content": "Commented [RA(40R39)]: GOVERNMENT RESPONSE: Although this word appears in Sand, the basis for it is not clear, and it requires a greater level of involvement than the law of the Circuit See United States v. Purcell, 967 F.3d 159, 191 (2d Cir 2020) (sufficient to \"agree to provide a prostitution job\" and \"coordinate[] and prearrange[] the dates\" of travel (internal quotation marks and alterations omitted))",
      "position": "margin"
    },
    {
      "type": "handwritten",
      "content": "Commented [CE41]: \"Participation\" is conspiracy liability It should be addressed in that charge",
      "position": "margin"
    },
    {
      "type": "handwritten",
      "content": "Commented [RA(42R41)]: GOVERNMENT RESPONSE: This language links the transportation to the broader definition in the prior paragraph",
      "position": "margin"
    },
    {
      "type": "printed",
      "content": "DOJ-OGR-00006093",
      "position": "footer"
    }
  ],
  "entities": {
    "people": [
      "Ms. Maxwell",
      "Jane Doe-1",
      "Richard J. Arcara"
    ],
    "organizations": [
      "United States"
    ],
    "locations": [
      "Florida",
      "New York",
      "United States"
    ],
    "dates": [
      "11/04/21"
    ],
    "reference_numbers": [
      "1:20-cr-00330-PAE",
      "410-1",
      "DOJ-OGR-00006093"
    ]
  },
  "additional_notes": "The document appears to be a court filing related to a criminal case. The text includes legal language and references to specific laws and court cases. There are handwritten comments in the margin, likely added by a reviewer or editor."
}