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Extraction Summary
4
People
3
Organizations
0
Locations
1
Events
1
Relationships
3
Quotes
Document Information
Type:
Court transcript
File Size:
641 KB
Summary
This document is page 29 of a court transcript from the case US v. Ghislaine Maxwell (Case 1:20-cr-00330-PAE), filed on August 22, 2022. The discussion focuses on sentencing guidelines, specifically whether Maxwell acted as an 'organizer or leader' of criminal activity. The government attorney (Ms. Moe) argues that Maxwell held a supervisory role over Sarah Kellen, identifying Kellen as a 'criminally responsible participant' to justify the sentencing enhancement.
People (4)
| Name | Role | Context |
|---|---|---|
| Ms. Maxwell | Defendant |
Subject of the hearing; discussed regarding her 'supervisory or leadership role' in criminal activity.
|
| Sarah Kellen | Associate/Co-conspirator |
Named by the government as the person over whom Maxwell had a supervisory role; described as a 'criminally responsibl...
|
| Ms. Moe | Prosecutor/Government Attorney |
Speaking on behalf of the government, arguing that Maxwell supervised Sarah Kellen.
|
| The Court | Judge |
Presiding over the hearing, asking clarifying questions about sentencing guidelines.
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| Southern District Reporters, P.C. | ||
| Second Circuit |
Referenced regarding legal precedent/commentary on the sentencing factor.
|
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| The Government |
Represented by Ms. Moe.
|
Relationships (1)
Prosecutor states trial evidence establishes Maxwell had a supervisory role over Kellen.
Key Quotes (3)
"our view is that the trial evidence establishes that the defendant had a supervisory role over Sarah Kellen."Source
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Quote #1
"The guidelines defines a participant as a person who is criminally responsible for the commission of the offense but need not have been convicted."Source
DOJ-OGR-00014776.jpg
Quote #2
"And the government is pointing to Sarah Kellen for that conclusion, which you agree, there has to be one criminally responsible participant who we can point to."Source
DOJ-OGR-00014776.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,637 characters)
Case 1:20-cr-00330-PAE Document 779 Filed 08/22/22 Page 29 of 101 29
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1 the defendant was an organizer or leader, and that the criminal
2 activity either involved five or more participants or was
3 otherwise extensive. The guidelines defines a participant as a
4 person who is criminally responsible for the commission of the
5 offense but need not have been convicted.
6 So I think my question for the government is, you're
7 asking the Court to look to as a criminally responsible -- a
8 person who is criminally responsible for the commission of the
9 offense over whom Ms. Maxwell exercised supervisory or
10 leadership role.
11 MS. MOE: Yes, your Honor. As we noted in our
12 briefing, our view is that the trial evidence establishes that
13 the defendant had a supervisory role over Sarah Kellen. Here,
14 we're not required to establish that there were five or more
15 participants; that is, people who were criminally responsible
16 for the charged conduct, but rather that it was extensive, and
17 that the defendant supervised at least one other person.
18 That's the text of the commentary, although as we noted, the
19 Second Circuit in applying this factor hasn't really engaged
20 with that from what we can tell, but on the factual question of
21 the trial record and whether it establishes the defendant
22 supervised another participant, it absolutely does.
23 THE COURT: And the government is pointing to Sarah
24 Kellen for that conclusion, which you agree, there has to be
25 one criminally responsible participant who we can point to.
2 activity either involved five or more participants or was
3 otherwise extensive. The guidelines defines a participant as a
4 person who is criminally responsible for the commission of the
5 offense but need not have been convicted.
6 So I think my question for the government is, you're
7 asking the Court to look to as a criminally responsible -- a
8 person who is criminally responsible for the commission of the
9 offense over whom Ms. Maxwell exercised supervisory or
10 leadership role.
11 MS. MOE: Yes, your Honor. As we noted in our
12 briefing, our view is that the trial evidence establishes that
13 the defendant had a supervisory role over Sarah Kellen. Here,
14 we're not required to establish that there were five or more
15 participants; that is, people who were criminally responsible
16 for the charged conduct, but rather that it was extensive, and
17 that the defendant supervised at least one other person.
18 That's the text of the commentary, although as we noted, the
19 Second Circuit in applying this factor hasn't really engaged
20 with that from what we can tell, but on the factual question of
21 the trial record and whether it establishes the defendant
22 supervised another participant, it absolutely does.
23 THE COURT: And the government is pointing to Sarah
24 Kellen for that conclusion, which you agree, there has to be
25 one criminally responsible participant who we can point to.
SOUTHERN DISTRICT REPORTERS, P.C.
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(212) 805-0300
DOJ-OGR-00014776
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(212) 805-0300
DOJ-OGR-00014776
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