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Case 22-1426, Document ONAL 3536039, Page15/ of 217 42 M6SOmaxl otherwis xtensive." Quoting from United States v. Patasnik, 89 F.3d 63 (20d Cir. 1996). The Guidelines define a participant for the commission of as a person who is criminally responsible but need not have been convicted. That's Section the offense, 3B1l.1, comment note 1. And in assessing whether criminal activity is extensive, all persons involved during the course ntire o nse ar ef th to be considered, including persons who provided services unknowingly. Comment note 3. The defendant argues that she did not lead another criminal participant. [ 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. fied for and Larry Visoski David Rodgers both testi issue Sarah Kellen that at least part of the time period at credit that acted as a personal assistant to the defendant. 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 a1 22 23 24 25 position, records do conclude by a preponderance of in evidence, as evidenced by Carolyn's testimony, by flight and the household manual in evidence. the evidence that the defendant led a criminally responsible participant. further find that the defendant's criminal activity SOUTHERN DISTRICT REPORTERS, P.C.°ee° (212) 805-0300 DOJ-OGR-00021587