The question on everyone’s mind has been whether Ms. Maxwell will finally disclose the names of the other purportedly rich and powerful celebrities who engaged in illicit conduct with minors and Jeffrey Epstein. Ms. Maxwell has steadfastly refused to do that, even after Epstein’s death (to the surprise of some). Ms. Maxwell initially denied being knowingly involved in any criminal conduct, and her statement at sentencing was hardly an apology, either.

Ms. Maxwell may also have a legitimate ground for an appeal to the Second Circuit Court of Appeals. After the verdict, a juror disclosed that they had not told the Court during jury selection about having been a victim of a sexual assault. Judge Nathan (the trial judge) denied a motion for a new trial on that basis, and Maxwell will almost certainly pursue that argument on appeal.

The question now is whether Ms. Maxwell will consider disclosing the names of the Epstein “clients” pursuant to Federal Rule 35. That rule makes it possible for a convicted defendant to have their sentence reduced for providing “substantial assistance” to law enforcement following the imposition of sentence:

(b) Reducing a Sentence for Substantial Assistance.

(1) In General. Upon the government’s motion made within one year of sentencing, the court may reduce a sentence if the defendant, after sentencing, provided substantial assistance in investigating or prosecuting another person.

(2) Later Motion. Upon the government’s motion made more than one year after sentencing, the court may reduce a sentence if the defendant’s substantial assistance involved:

(A) information not known to the defendant until one year or more after sentencing;

(B) information provided by the defendant to the government within one year of sentencing, but which did not become useful to the government until more than one year after sentencing; or

(C) information the usefulness of which could not reasonably have been anticipated by the defendant until more than one year after sentencing and which was promptly provided to the government after its usefulness was reasonably apparent to the defendant.

As you can see, Ms. Maxwell will need to disclose this information within a year, or it will be too late for her to benefit. She theoretically might try to appeal her sentence before making that decision to cooperate, but her appeal might take longer than a year to resolve. Clearly, though, were she to divulge important information about “the clients” to federal prosecutors, she might be able to reduce her sentence such that she does not risk dying in prison.

Matthew Galluzzo is a New York City federal criminal defense attorney and former sex crimes prosecutor in Manhattan.

Federal criminal law prohibits a wide range of activities relating to transporting people and/or traveling across state lines or internationally for the purpose of engaging in illegal sexual activity. Specifically, 18 U.S.C. § 2423 prohibits four types of activities and carries very severe penalties.

First, 18 U.S.C. § 2423 makes it a felony punishable by a minimum of 10 years in prison (and by as much as life in prison) to “knowingly transport[] an individual who has not attained the age of 18 years in interstate or foreign commerce… with intent that the individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense.” This provision obviously applies to those engaging in the human trafficking of underage prostitutes, and also potentially applies to an adult who drives or attempts to drive a minor across state lines so that he or she can have sex with that minor in another state. It could also apply to people who purchase bus or plane tickets for minors to travel into the U.S. or across state lines for the purpose of engaging in illegal sex.

Next, 18 U.S.C. § 2423 makes it a federal felony punishable by up to 30 years to travel across state lines, into the United States, or even to a foreign country (if that person is a U.S. citizen or permanent resident) for the purpose of engaging in illegal sexual conduct. So, this means that it is illegal to travel across state lines to hire a prostitute or have sexual contact with an underage person. It also means that it is illegal for a citizen or permanent resident to travel to a foreign country to hire a prostitute or have sex with a minor. Interestingly, a person can be guilty of this crime without actually engaging in the sexual conduct, so long as the prosecutor can prove the illegal purpose of the travel. This charge is frequently brought in cases involving undercover sting operations, in which the supposed prostitute or underage person is actually an FBI agent.

18 U.S.C. § 2423 prohibits illegal sexual intercourse after having traveled across state lines or into the U.S., or even to a foreign country (if that person is a U.S. citizen or permanent resident). Occasionally, U.S. citizens get arrested returning to the United States because Customs officers discover incriminating photographs or videos during border inspections of their laptops, phones, or cameras. Most people are surprised to learn that their electronic devices can be searched at U.S. Customs without probable cause or a warrant. Registered sex offenders returning from known “sex tourism” countries should be prepared to have their devices inspected at the border.

Finally, 18 U.S.C. § 2423 makes it a federal felony punishable by up to 30 years to arrange for the interstate or international transport of people for the purpose of engaging in illegal sex (i.e. prostitutes or minors), for commercial advantage or private financial gain. This could apply not onto the pimp or chief of a human trafficking operation, but also to the driver of a vehicle.

If you or a loved one have been arrested or accused of violating 18 U.S.C. § 2423, you should strongly consider hiring the experienced criminal defense attorneys at the Law Office of Matthew Galluzzo. In particular, Matthew Galluzzo is a former Sex Crimes prosecutor and acknowledged expert in the field. Mr. Galluzzo has earned dozens of difficult dismissals and numerous trial acquittals for individuals charged with serious sex crimes. He is routinely interviewed by television and radio news outlets regarding sex crimes investigations, and was even once hired by the government of South Africa to fly there to train its law enforcement officers about modern rape investigation techniques. Plainly put, his talent and qualifications for these sorts of cases are beyond dispute, and he may be able to help you.