DOJ-OGR-00008347.pdf

Case 1:20-cr-00330-PAE Document 536 Filed 12/10/21 Page 37 of 43 37 LBNAMAXTps activity by having put on evidence of the sexual conduct in New Mexico. MR. ROHRBACH: Yes, your Honor. And we, for the reason -- THE COURT: I understand your point, which is whether or not it violated New Mexico law, that witness, in her telling, was under the age of consent in New York, and therefore it goes to the conspiracy to -- the Mann Act conspiracy count. MR. ROHRBACH: Right, yes. THE COURT: I get it. I will absorb this information and propose -- I do think a charge is necessary, but it has to be correct, and it sounds like it may not be entirely correct as written. So I'll propose. MR. EVERDELL: Your Honor, if I could just be heard briefly. THE COURT: Sure. MR. EVERDELL: On the point about not being illegal under New Mexico law, this is really an eleventh-hour issue the government is raising. They haven't charged it this way. I imagine if they thought this was really a violation of New York law there would be a substantive -- THE COURT: New Mexico law. MR. EVERDELL: I'm sorry. I keep misstating, your SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00008347