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Case 22-1426, Document 58_02/28/2023, 3475901, Page217 of 221 A-417 42 MesQmaxl otherwis xtensive." Quoting from United States v. Patasnik, 89 F.3d 63 (2d Cir. 1996). The Guidelines define a participant as a person who is criminally responsible for the commission of the offense, but need not have been convicted. That's Section 3B1.1, comment note 1. And in assessing whether criminal activity is extensive, all persons involved during the course of th ntire o nse are to be considered, including persons who provided services unknowingly. Comment note 3. The defendant argues that she did not lead another criminal participant. I overrule this objection because I do conclude that the government has proved by a preponderance that the defendant supervised Sarah Kellen, who was a knowing participant in the criminal conspiracy. Larry Visoski and David Rodgers both testified for that at least part of the time period at issue Sarah Kellen acted as a personal assistant to the defendant. I credit that testimony which is corroborated by further testimony that the defendant was Epstein's number two and the lady of the house. At some point, Kellen took over some of the defendants duties. But even after that time, the defendant retained her leadership position, as evidenced by Carolyn's testimony, by flight records in evidence, and the household manual in evidence. do conclude by a preponderance of the evidence that the defendant led a criminally responsible participant. further find that the defendant's criminal activity SOUTHERN DISTRICI REPORTERS, P.C.ees (212) 805-0300 DOJ-OGR-00021043