DOJ-OGR-00021588.pdf

Case 22-1426, Document 78, 06/29/2023, 3536039, Page158 of 217 SA-412 M6SQmax1 43 1 was extensive. Whether criminal activity is extensive is based 2 primarily on the number of people involved, criminally and 3 noncriminally, rather than on other possible indicators of the 4 extensiveness of the activity. District courts must determine 5 the number of knowing participants in the criminal activity, 6 the number of unknowing participants whose activities were 7 organized or led by the defendant with specific criminal 8 intent, and the extent to which the services of the unknowing 9 participants were peculiar and necessary to the criminal 10 scheme. For example, a taxi driver that drives a defendant to 11 a crime scene would not count. That is an example from a case 12 called Carrozella, 105 F.3d at 804. 13 At all relevant times, the conspiracy proved at trial 14 included at least two knowing participants: Epstein and the 15 defendant. Beginning in 2002, Sarah Kellen joined, and 16 beginning in approximately 2001, additional minor victims were 17 recruited through Virginia and Carolyn. Additionally, trial 18 evidence established that services were unknowingly provided by 19 various Epstein employees. For example, I credit Juan Alessl's 20 testimony that following the defendant's instructions, he 21 scheduled massage appointments, set up the massage table for 22 appointments, cleaned up after sexualized massages, and on at 23 least one occasion drove Virginia to an appointment. 24 Additionally, both Visoski and Rodgers were employed 25 as Epstein's pilots over the same time period as the counts of SOUTHERN DISTRICT REPORTERS, P.C... (212) 805-0300 DOJ-OGR-00021588