DOJ-OGR-00021030.jpg
582 KB
Extraction Summary
4
People
4
Organizations
1
Locations
2
Events
1
Relationships
3
Quotes
Document Information
Type:
Court transcript / legal filing
File Size:
582 KB
Summary
This document is a page from a court transcript (Page 29, filed 02/28/2023) involving the sentencing or legal arguments in the Ghislaine Maxwell case. Prosecutor Ms. Moe argues to the Judge that Maxwell qualifies for a sentencing enhancement as an 'organizer or leader' because trial evidence proved she supervised Sarah Kellen. The discussion centers on whether the criminal activity involved five participants or was 'otherwise extensive,' with the government asserting Maxwell's supervision of Kellen satisfies the legal requirements.
People (4)
| Name | Role | Context |
|---|---|---|
| Ms. Maxwell | Defendant |
Subject of sentencing discussion regarding her role as an organizer/leader.
|
| Ms. Moe | Prosecutor (Government) |
Arguing that Maxwell had a supervisory role.
|
| The Court | Judge |
Presiding over the hearing and questioning the government.
|
| Sarah Kellen | Co-conspirator/Participant |
Named as the person over whom Maxwell exercised a supervisory role.
|
Organizations (4)
| Name | Type | Context |
|---|---|---|
| Southern District Reporters, P.C. |
Transcription service provider.
|
|
| Second Circuit |
Appellate court mentioned regarding legal precedent.
|
|
| The Government |
Prosecution team.
|
|
| DOJ |
Department of Justice (implied by DOJ-OGR stamp).
|
Timeline (2 events)
Unknown
Court hearing regarding sentencing enhancements for Ghislaine Maxwell.
Courtroom
Locations (1)
| Location | Context |
|---|---|
|
Jurisdiction of the court reporter (likely SDNY).
|
Relationships (1)
Ms. Moe states: 'the defendant had a supervisory role over Sarah Kellen.'
Key Quotes (3)
"the trial evidence establishes that the defendant had a supervisory role over Sarah Kellen."Source
DOJ-OGR-00021030.jpg
Quote #1
"we're not required to establish that there were five or more participants... but rather that it was extensive, and that the defendant supervised at least one other person."Source
DOJ-OGR-00021030.jpg
Quote #2
"And the government is pointing to Sarah Kellen for that conclusion"Source
DOJ-OGR-00021030.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,640 characters)
Case 22-1426, Document 58, 02/28/2023, 3475901, Page204 of 221
A-404
A-404
29
M6SQmax1
M6SQmax1
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. ...
(212) 805-0300
(212) 805-0300
DOJ-OGR-00021030
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