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Case 1:20-cr-00330-PAE Document 779 Filed 08/22/22 Page 42 of 101 42 M6SQmaxl 1 otherwis xtensive." Quoting from United States v. Patasnik, 2 89 F.3d 63 (2d Cir. 1996). The Guidelines define a participant 3 as a person who is criminally responsible for the commission of 4 the offense, but need not have been convicted. That's Section 5 3B1.1, comment note 1. And in assessing whether criminal 6 activity is extensive, all persons involved during the course 7 of th ntire offense are to be considered, including persons 8 who provided services unknowingly. Comment note 3. 9 The defendant argues that she did not lead another 10 criminal participant. I overrule this objection because I do 11 conclude that the government has proved by a preponderance that 12 the defendant supervised Sarah Kellen, who was a knowing 13 participant in the criminal conspiracy. 14 Larry Visoski and David Rodgers both testified for 15 that at least part of the time period at issue Sarah Kellen 16 acted as a personal assistant to the defendant. I credit that 17 testimony which is corroborated by further testimony that the 18 defendant was Epstein's number two and the lady of the house. 19 At some point, Kellen took over some of the defendants duties. 20 But even after that time, the defendant retained her leadership 21 position, as evidenced by Carolyn's testimony, by flight 22 records in evidence, and the household manual in evidence. 23 do conclude by a preponderance of the evidence that the 24 defendant led a criminally responsible participant. 25 Further find that the defendant's criminal activity SOUTHERN DISTRICT REPORTERS, P.C.» (212) 805-0300 DOJ-OGR-00014789