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Case 1:20-cr-00330-PAE Document670 - Filed 06/22/22 Page 30 of55 was still the lady of the house, supervising other staff, (GX 606), and flight records make clear that the defendant and Kellen flew together on Epstein’s private planes approximately thirty-nine times in 2003 and approximately ten times in 2004, confirming their continued overlap, (GX 662). The combination of this evidence demonstrates that Kellen joined the conspiracy when Maxwell was still second in command under Epstein. Given Maxwell’s role in the household and in the conspiracy, she certainly exercised authority over Kellen. The clear inference from this record is that Maxwell instructed Kellen regarding how to schedule massages and run the part of the scheme that Maxwell had previously handled, at which point Kellen switched to making calls to schedule appointments following Maxwell’s directions. Thus, even if the defense were correct that the defendant needed to supervise a knowing participant in the scheme for the leadership enhancement to apply, the record amply supports the conclusion that Maxwell did so with respect to Kellen. Given the breadth of the defendant’s criminal scheme, spanning multiple continents, abusing multiple victims, and employing numerous underlings to accomplish the conspiracy’s goal over the course of multiple years, the defendant clearly warrants the enhancement under U.S.S.G. § 3B1.1 contemplated by the PSR. C. The Two-Point “Undue Influence” Enhancement Applies Pursuant to U.S.S.G. § 2G1.3(b)(2)(B), two levels are added if “a participant . . . unduly influenced a minor to engage in prohibited sexual conduct.” This enhancement applies where “a participant’s influence over the minor compromised the voluntariness of the minor’s behavior.” Id. app. n.3(B). Where, as here, “a participant is at least 10 years older than the minor,” the Guidelines provide for “a rebuttable presumption . . . that such participant unduly influenced the minor to engage in prohibited sexual conduct. In such a case, some degree of undue influence can 28 DOJ-OGR-00010565