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Case 1:20-cr-00330-PAE Document 779 Filed 08/22/22 Page 43 of 101 43
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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 Carrozzella, 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 Alessi'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..
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DOJ-OGR-00014790