Court filing
TRANSCRIPT of Proceedings as to Amanda Christian held on 3/23/2022, before Judge JP… — USA v. Thomas et al (Dkt. 759)
Record facts
| Court | U.S. District Court for the Northern District of Georgia |
|---|---|
| Filed | 2023-10-20 |
U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 759 · 2023-10-20 · Docket on CourtListener
Summary
A transcript of change of plea proceedings as to Amanda Christian, No. 1:20-cr-00296-JPB-CMS, before Judge J.P. Boulee in the U.S. District Court for the Northern District of Georgia, held by Zoom on March 23, 2022 and filed October 20, 2023 as Document 759. The transcript records the defendant's consent to a video hearing, the oath, the court's review of the rights given up by a guilty plea, and her stated plea of guilty to Count 34. The Assistant United States Attorney reads the plea agreement paragraph by paragraph, describing a base offense level under Section 2B1.1, a 16-level upward adjustment for a loss between 1.5 million and 3.5 million and an agreement to pay $835,540 plus interest in restitution to three victims. It also describes cooperation obligations and a possible 5K or Rule 35 motion for substantial assistance. The transcript is 30 pages.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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THE FOLLOWING IS THE PDF OF AN OFFICIAL
TRANSCRIPT. OFFICIAL TRANSCRIPTS MAY ONLY BE FILED IN CM/ECF
BY THE OFFICIAL COURT REPORTER AND WILL BE RESTRICTED IN
CM/ECF FOR A PERIOD OF 90 DAYS. YOU MAY CITE TO A PORTION OF
THE ATTACHED TRANSCRIPT BY THE DOCKET ENTRY NUMBER,
REFERENCING PAGE AND LINE NUMBER, ONLY AFTER THE COURT
REPORTER HAS FILED THE OFFICIAL TRANSCRIPT; HOWEVER, YOU ARE
PROHIBITED FROM ATTACHING A FULL OR PARTIAL TRANSCRIPT TO ANY
DOCUMENT FILED WITH THE COURT.
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UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT
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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA,
)
)
)
-VS-
) DOCKET NO. 1:20-CR-00296-JPB
)
AMANDA CHRISTIAN,
)
)
DEFENDANT.
)
TRANSCRIPT OF CHANGE OF PLEA PROCEEDINGS
BEFORE THE HONORABLE J.P. BOULEE
UNITED STATES DISTRICT JUDGE
MARCH 23, 2022
APPEARANCES:
ON BEHALF OF THE GOVERNMENT:
TAL COHEN CHAIKEN, ESQ.
NATHAN PARKER KITCHENS, ESQ.
BABASIJIBOMI MOORE, ESQ.
ASSISTANT UNITED STATES ATTORNEY
ON BEHALF OF THE DEFENDANT:
JAMES GABRIEL BANKS, ESQ.
STENOGRAPHICALLY RECORDED BY:
PENNY PRITTY COUDRIET, RMR, CRR
OFFICIAL COURT REPORTER
UNITED STATES DISTRICT COURT
ATLANTA, GEORGIA
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(PROCEEDINGS HELD VIA ZOOM TECHNOLOGY AT 10:05 AM,
ATLANTA, GEORGIA)
COURTROOM DEPUTY CLERK: The Court has set aside time
this morning for a change of plea hearing in case United
States v. Christian, case 1:20-CR-296.
Counsel, will you please make your appearance for the
record.
MS. CHAIKEN: Good morning, your Honor. Tal Chaiken
for the United States. And with me on behalf of the
government is Nathan Kitchens from my office, CG Moore from
the Department of Justice's fraud division, Special Agents Joe
Stites and Steffan Bublitz from the FBI, and Jeff Hale from
the IRS.
MR. BANKS: Good morning, Judge. Gabe Banks on
behalf of Ms. Christian. And Ms. Christian is present on the
Zoom hearing.
THE COURT: Good to see everyone.
If we could please swear in the defendant.
(The defendant was duly sworn)
THE COURT: All right. Thank you, Ms. Oduka.
Under Section 2 of the Northern District of Georgia's
General Order 20-04 the Court finds that this hearing cannot
be further delayed without serious harm to the interests of
justice.
Mr. Banks, do I understand correctly that you've
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discussed handling this hearing by Zoom with your client and
that she consents to handling it by Zoom and waives her
personal appearance in court before me?
MR. BANKS: Yes, your Honor.
THE COURT: Okay. And, Ms. Christian, let me ask you
as well. Do you waive your personal appearance in court
before me and consent to doing this by Zoom video conference?
THE DEFENDANT: Yes, sir.
THE COURT: Okay. Thank you.
Ms. Chaiken, if you could please verify the
signatures on the plea agreement.
MS. CHAIKEN: Yes, your Honor.
Ms. Christian, do you have a copy of the guilty plea
and plea agreement? It's a 20-page PDF.
THE DEFENDANT: Yes, ma'am.
THE COURT: And have you had an opportunity to review
this document with your attorney?
THE DEFENDANT: Yes, ma'am.
THE COURT: On page 17, above where it says your
name, is that your signature?
THE DEFENDANT: Yes, ma'am.
MS. CHAIKEN: And, Mr. Banks, above where it says
your name on page 17, is that your signature?
MR. BANKS: It is.
MS. CHAIKEN: Ms. Christian, on page 18 above where
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it says your name, is that your signature?
THE DEFENDANT: Yes, ma'am.
MS. CHAIKEN: And, Mr. Banks, on page 19 above where
it says your name, is that your signature?
MR. BANKS: Yes.
MS. CHAIKEN: Thank you, your Honor.
THE COURT: Thank you.
Ms. Christian, before I can accept your plea of
guilty, I need to go over several matters with you. As we go
through this process, if anything I state is unclear, let me
know and I will repeat or rephrase it for you.
It's important that you understand not only my
statements to you but also my questions. You need to
understand my questions so that you can answer them
truthfully. A failure to truthfully answer any question could
result in additional charges being brought against you.
Also, as I ask questions, please answer the questions
out loud. This will allow the court reporter to take down
your responses so we can have an accurate record of these
proceedings.
Do you understand, ma'am?
THE DEFENDANT: Yes, sir.
THE COURT: How old are you?
THE DEFENDANT: Thirty-four.
THE COURT: How far did you go in school?
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THE DEFENDANT: I have a bachelor's degree.
THE COURT: In the last 24 hours have you taken any
drugs, medicine, pills or had any alcoholic beverages to
drink?
THE DEFENDANT: I take Claritin for my allergies
daily. And I'm on birth control pills.
THE COURT: I assume that those don't, but those
don't affect your judgment or actions in any manner or your
ability to understand these proceedings and enter a knowing
plea, do they?
THE DEFENDANT: No, sir.
THE COURT: Have you been treated recently for any
mental illness or addiction to alcohol or drugs?
THE DEFENDANT: No, sir.
THE COURT: And, Mr. Banks, are you aware of any
issues regarding your client's competence to enter a plea this
morning?
MR. BANKS: No, your Honor.
THE COURT: I'll now review with you the rights,
ma'am, you're guaranteed under the Constitution and laws of
the United States. I want to be sure that you understand your
rights and by entering this plea of guilty, you're giving up
many of these rights.
Do you understand that under the Constitution and
laws of the United States you have the right to plead not
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guilty and have a trial by jury?
THE DEFENDANT: Yes, sir.
THE COURT: Do you understand that you're entitled to
a speedy and public trial on the charge against you?
THE DEFENDANT: Yes, sir.
THE COURT: Do you understand that you have the right
to be represented by an attorney throughout all proceedings
and if you cannot afford an attorney, one will be appointed to
represent you at no cost to you?
THE DEFENDANT: Yes, sir.
THE COURT: Do you understand that if you pled not
guilty and went to trial, at the trial you would be presumed
to be innocent and that the government would have to overcome
the presumption and prove you guilty beyond a reasonable
doubt?
THE DEFENDANT: Yes, sir.
THE COURT: Do you understand that at a trial you
would not have to prove that you were innocent because the
burden would be on the government to prove you're guilty
beyond a reasonable doubt?
THE DEFENDANT: Yes, sir.
THE COURT: Do you understand that at a trial you
would have the right to subpoena witnesses which would be an
order from the Court compelling their appearance at trial to
testify on your behalf?
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THE DEFENDANT: Yes, sir.
THE COURT: Do you understand that during a trial
witnesses for the government must come to court and testify in
your presence?
THE DEFENDANT: Yes, sir.
THE COURT: Do you understand that your attorney
would have the opportunity to cross-examine the witnesses for
the government, object to evidence offered by the government
and offer evidence on your behalf?
THE DEFENDANT: Yes, sir.
THE COURT: Do you understand that at a trial, while
you would have the right to testify if you chose to do so, you
also would have the right not to testify?
THE DEFENDANT: Yes, sir.
THE COURT: And do you understand that if you chose
not to testify or put on any evidence, those facts could not
be used against you?
THE DEFENDANT: Yes, sir.
THE COURT: Do you understand that in order to
convict you at a trial, the jury would have to reach a
unanimous verdict that you were guilty of the crime with which
you're charged?
THE DEFENDANT: Yes, sir.
THE COURT: If I accept your plea of guilty, you will
not have a trial and a jury will not decide your guilt, but I
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will find you're guilty of the charge based on your admission
that you're guilty. Do you understand?
THE DEFENDANT: Yes, sir.
THE COURT: Are you willing to give up your right to
a trial and proceed with a plea of guilty at this time?
THE DEFENDANT: Yes, sir.
THE COURT: You earlier verified your signature on
the plea agreement that you've entered into with the
government. In a moment I will ask the Assistant US Attorney
to review the terms of the agreement other than the factual
basis for the plea and the penalties which we will discuss a
bit later in the proceeding;
After that, I will be asking you whether the
agreement as presented accurately reflects your understanding
of the agreement that you have reached with the government.
Ms. Chaiken.
MS. CHAIKEN: Thank you, your Honor.
Paragraph one of the plea agreement sets forth
Ms. Christian is pleading guilty to Count 34 because she is,
in fact, guilty of that offense.
Paragraphs 2 through 6 set forth an acknowledgment
and a waiver of the rights the Court just covered with
Ms. Christian.
Paragraph 7 through 9 sets forth an acknowledgment
of the penalties associated with the offense to which
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Ms. Christian is pleading guilty, which I understand we'll be
reviewing in a moment.
Paragraph 11 provides the government's agreement not
to bring further charges related to the charge to which
Ms. Christian is pleading guilty.
Paragraphs 12 through 15 set forth a series of
guideline stipulation; specifically, that the base offense
level is Section 2B1.1, that a 16-level upward adjustment will
apply under Section 2B1.1(b)(1)(h) because the amount of loss
is between 1.5 million and 3.5 million, that there will not be
a two-level adjustment pursuant to Section 2B1.1(b)(10) for
sophisticated means, and that there will not be a two-level
upward adjustment for obstruction of justice.
Paragraph 16 provides the government's agreement to
recommend an adjustment for acceptance of responsibility to
the maximum extent authorized by the guidelines subject to the
exceptions that are set forth in that paragraph.
Paragraph 17 provides the parties' agreement that
each party reserves the right to make recommendations for
sentencing and that there are no agreements on the guidelines
other than those mentioned in the agreement.
Paragraph 18 provides that the United States reserves
the right to modify its sentencing recommendation if it
receives additional information that's relevant to those
issues.
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Paragraph 19 provides that the -- that Ms. Christian
agrees to cooperate truthfully and completely with the
government, including producing all records requested, making
herself available for interviews, responding truthfully to all
government inquiries, and at the government's request
testifying at trial or another proceeding.
Pursuant to paragraph 20 Ms. Christian consents to
direct contact with the government outside the presence of her
counsel for purposes of cooperation.
Paragraph 21 provides the government's agreement to
abide by Section 1B1.8 of the sentencing guidelines and not to
use information previously unknown to the government for
sentencing guidelines purposes with the caveat that if
Ms. Christian is not truthful or candid in her cooperation,
she may be prosecuted for perjury, false statements,
obstruction and all the information may be used against her.
Paragraph 22 provides the government's agreement to
a conditional 5K or Rule 35 motion if the defendant provides
substantial assistance.
It provides Ms. Christine's understanding that the
government alone will determine if she provided substantial
assistance. And that while the government may recommend a
sentence reduction if it files a motion, the ultimate decision
on any sentence reduction would rest with the Court.
Pursuant to paragraph 23 the government agrees to
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recommend a sentence at the low end of the guideline range
subject to the caveat in Paragraph 16 regarding acceptance of
responsibility.
Pursuant to paragraph 24 the United States agrees to
make no specific recommendation as to the fine to be imposed.
Paragraph 25 provides Ms. Christian's agreement to
pay $835,540 plus applicable interest and restitution to the
three victims who are identified in the plea agreement.
Paragraphs 26 and 27 provide Ms. Christian's
agreement to forfeiture of any assets that were seized in
connection with this case.
Paragraph 28 provides the government's -- I'm sorry,
Ms. Christian's agreement to pay a special assessment of $100.
Paragraphs 29 through 33 provide Ms. Christian's
agreement to cooperate fully in the collection of any
restitution or fine pursuant to the terms that are laid out in
those paragraphs.
Paragraph 34 provides Ms. Christian's -- that
Ms. Christian understands that the recommendations in the plea
agreement are not binding on the Court.
Paragraph 35 sets forth an appeal waiver, which I
would like to read in full into the record.
To the maximum extent permitted by federal law the
defendant voluntarily and expressly waives the right to appeal
her conviction and sentence and the right to collaterally
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UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT
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attack her conviction and sentence in any post-conviction
proceeding including but not limited to motions filed pursuant
to 28 United States Code, Section 2255, on any ground except
that the defendant may file a direct appeal of an upward
departure or upward variance above the sentencing guideline
range as calculated by the district court.
Claims that the defendant's counsel rendered
constitutionally ineffective assistance are excepted from this
waiver.
The defendant understands that this plea agreement
does not limit the government's right to appeal, but if the
government initiates a direct appeal of the sentence imposed,
the defendant may file a cross-appeal of that same sentence.
Paragraph 36 sets forth the standard FOIA and Privacy
Act waiver.
And paragraph 37 provides that there are no other
agreements between the parties other than those set forth in
the plea agreement.
THE COURT: Thank you.
Ms. Christian, does that accurately reflect the
agreement that you believe you've reached with the government?
THE DEFENDANT: Yes, sir.
MR. BANKS: Judge, if I may, I may have heard it
wrong, but on paragraph 13, provision B, I thought she said
2B1.1(b)(1)(H). I think the loss amount is correct, 1.5 to
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3.5, but (b)(1)(H), if I heard it correctly, actually provides
for a loss amount of 550 to 1.5. I do believe it's correctly
reflected in the plea agreement, I just thought I heard her
say (b)(1)(H) as opposed to (b)(1)(I), if that makes sense.
So I just wanted to make that notation on the record.
MS. CHAIKEN: I do believe I misspoke, your Honor.
The plea agreement does set forth that the applicable
adjustment is 2B1.1(b)(1)(I). And I think I correctly stated
the loss amount of between 1.5 and 3.5 million, but I did
reference the wrong subsection. So my apologies to the Court
for that.
THE COURT: Okay. Very well. Sounds like we've got
it cleared up now, so thank you.
Ms. Christian, with that correction does that
accurately reflect the agreement that you believe you've
reached with the government?
THE DEFENDANT: Yes, sir.
THE COURT: Do you understand that any provisions in
the agreement regarding recommendations to be made by the
government are not binding on the Court? In other words, if I
choose not to follow some recommendation the government makes,
do you understand that you will still be bound by your plea of
guilty and would not be entitled to withdraw the plea based on
the Court not following the recommendation?
THE DEFENDANT: Yes, sir.
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THE COURT: Is this the only agreement that you've
entered into with the government?
THE DEFENDANT: Yes, sir.
THE COURT: Other than the terms of this agreement
has any promise of any kind been made to cause you to plead
guilty?
THE DEFENDANT: No, sir.
THE COURT: Per the terms of the plea agreement, the
United States Attorney for the Northern District of Georgia
has agreed not to bring any additional charges related to the
offense to which you're pleading guilty.
Other than those terms has anyone threatened or
forced you to plead guilty or told you if you do not plead
guilty further charges will be brought against you and other
adverse action taken against you?
THE DEFENDANT: No, sir.
THE COURT: Mr. Banks, are you aware of any plea
agreement or promise being made to your client other than
what's been discussed here this morning?
MR. BANKS: No, your Honor.
THE COURT: In a moment I will ask the Assistant US
Attorney to state the elements of the offense to which you're
pleading guilty. The elements of the offense are those
matters that the government must prove beyond a reasonable
doubt in order to convict you of the charge.
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Ms. Chaiken.
MS. CHAIKEN: Thank you, your Honor.
Ms. Christian will be pleading guilty to Count 34 of
the second superseding indictment, which charges conspiracy to
commit wire fraud in violation of Title 18 United States Code,
Section 1349.
The elements of conspiracy to commit wire fraud are
as follows:
One, two or more persons in some way or manner agreed
to try to accomplish a common and unlawful plan to commit wire
fraud as charged in the indictment;
And, two, the defendant knew the unlawful purpose of
the plan and willfully joined in it.
The elements of wire fraud in turn are as follows:
One, the defendant knowingly devised or participated
in a scheme to defraud someone by using false or fraud
pretenses, representations or promises.
Two, the false pretenses, representations or promises
were about a material fact.
Three, the defendant acted with the intent to
defraud.
And, four, the defendant transmitted or caused to be
transmitted by wire some communication in interstate commerce
to help carry out the scheme to defraud.
THE COURT: Thank you.
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Ms. Christian, do you understand those are the
elements that the government would have to prove beyond a
reasonable doubt to convict you of the charge?
THE DEFENDANT: I'm sorry, your Honor, can you repeat
that, please.
THE COURT: Sure. Ms. Chaiken just listed the
elements of the offense to which you're pleading guilty. And
I'm asking you if you understand that those are the elements
that the government would have to prove beyond a reasonable
doubt in order to convict you of the charge?
THE DEFENDANT: Yes, sir.
THE COURT: All right.
In a moment I will ask the Assistant US Attorney to
summarize the evidence that the government would expect to
present at trial to prove each of these elements. In other
words, these are what the government contends are the facts of
the case.
It's necessary for the government to state these
facts because I must determine whether there is a factual
basis for you to enter this plea of guilty.
After this statement I will ask you whether you
disagree with any of the facts as stated by the prosecutor.
If you do, tell me and we will discuss those facts at that
time.
Ms. Chaiken.
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MS. CHAIKEN: Thank you, your Honor.
If this case were to go to trial, the United States
would prove by admissible evidence and beyond a reasonable
doubt the following facts.
The Paycheck Protection Program, known as the PPP,
was authorized as part of the Coronavirus Aid, Relief, and
Economic Security Act to provide forgivable loans to eligible
small businesses.
Under the PPP small businesses could apply for loans
that must be used for payroll expenses, interest on mortgage,
rent and/or utilities.
The amount of the PPP loan that a business could
receive was generally two-and-a-half times, or 250 percent, of
the business' average monthly payroll cost.
While the United States Small Business Administration
oversaw the PPP, individual PPP loans were issued by private
approved lenders, including CDC Small Business Finance.
The PPP borrower application form asks the applicant
to provide information related to their loan application,
including the amount of the business' average monthly payroll,
the number of the business' employees and the purpose of the
loan, with options for payroll, lease and mortgage interest,
utilities and/or other.
The lender then used this information to calculate
the amount of the loan that the business was eligible to
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receive.
The application form also included certain
representations and certifications, including certifications
as to the accuracy of the information included in the
application itself and in any supporting documents, and the
certification that the funds would be used to retain workers
and maintain payroll or to make mortgage interest payments,
lease payments and utilities payment.
The Defendant Amanda Christian conspired with Daryl
Thomas, Denesseria Slaton and others to submit fraudulent PPP
loan applications for three businesses: Advertising and Then
Some, Inc., purportedly owned by Ms. Christian, Mickey's Auto
and Tire, known as Mickey's, which is purportedly owned by
Rick McDuffie, and Transportation Management Services, Inc.,
which is purportedly owned by Bern Benoit.
On or around August 10th of 2020, Mickey's
electronically submitted a PPP loan application to CDC Small
Business Finance. In its PPP loan application Mickey's
represented that it had 67 employees and an average monthly
payroll of $314,864 and that it would use the funds for
payroll. In reality Mickey's has no employees and no average
monthly payroll.
To support its payroll figures Mickey's submitted
with its PPP loan application fabricated IRS form 941s, which
are employer's quarterly federal tax returns, for several
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quarters of 2019.
Mickey's also submitted with its application
fabricated payroll spreadsheets for 2019 and for January 1st
through May 31st of 2020.
Based on the untrue statements in Mickey's PPP
application and the accompanying documents, CDC Small Business
Finance deposited approximately $787,160 into Mickey's account
at Woodforest Bank. However, with the exception of $5,125 the
funds were frozen and ultimately returned to CDC Small
Business Finance because Woodforest Bank suspected the deposit
was fraudulent.
Ms. Christian facilitated Mickey's fraudulent PPP
loan by directing Mr. McDuffie regarding Mickey's PPP loan
application. For example, she directed Mr. McDuffie to
provide information and documentation necessary for the
submission of the loan and provided that information and
documentation to other individuals acting on Daryl Thomas'
behalf, knowing that Mickey's did not have any employees and
that Daryl Thomas would use the information and documentation
to submit a fraudulent PPP loan application on behalf of
Mickey's
THE COURT: All right. Thank you.
Ms. Christian, do you disagree with any of the facts
as stated by the Assistant US Attorney?
MR. BANKS: Judge, if I may just briefly on behalf of
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Ms. Christian. We don't dispute that there's a factual basis
for the fraud, that she participated in the fraudulent
conduct, that she received e-mails and sent e-mails during
this fraudulent scheme. What is noted in the plea agreement
under Paragraph 14(b) is that the parties have an agreement to
dispute about whether -- what role or aggravating role, if
any, she played in this fraudulent scheme. And to the extent
that any of the factual basis speaks to the role, we would ask
respectfully that we be able to present evidence at the
appropriate time at the sentencing hearing to contest that as
is permitted by the plea agreement.
Other than that, I do believe that she would admit to
the factual basis.
THE COURT: All right. Thank you, Mr. Banks.
Ms. Christian, subject to the caveats as stated by
your attorney, do you disagree with any of the facts as stated
by the Assistant US Attorney?
THE DEFENDANT: No, sir.
THE COURT: I want to go over those elements with you
that Ms. Chaiken outlined earlier and see if you admit each of
those.
First off, do you admit that two or more persons in
some way or manner agreed to try to accomplish a common and
unlawful plan to commit wire fraud as charged in the
indictment?
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THE DEFENDANT: Yes, sir.
THE COURT: And do you admit that you knew the
unlawful purpose of the plan and willfully joined in it?
THE DEFENDANT: Yes, sir.
THE COURT: Do you admit that you knowingly devised
or participated in a scheme to defraud someone by using false
or fraudulent pretenses, representations or promises?
THE DEFENDANT: Yes, sir.
THE COURT: Do you admit that the false pretenses,
representations or promises were about a material fact?
THE DEFENDANT: Yes, sir.
THE COURT: Do you admit that you acted with the
intent to defraud?
THE DEFENDANT: Yes, sir.
THE COURT: And, finally, do you admit that you
transmitted or caused to be transmitted by wire some
communication in interstate commerce to help carry out the
scheme to defraud?
THE DEFENDANT: Yes, sir.
THE COURT: Ms. Chaiken, if you could please state
the potential penalties that the defendant faces for the
charge, including any maximum penalty and any mandatory
minimums?
MS. CHAIKEN: Yes, your Honor.
Ms. Christian faces the following maximum and
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UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT
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mandatory minimum penalties as to Count 34:
The maximum term of imprisonment is 20 years.
There is no mandatory minimum term of imprisonment.
The authorized term of supervised release is zero to
three years.
There's a maximum fine of $250,000 or twice the gain
or twice the loss, whichever is greatest.
There's also full restitution, a mandatory special
assessment of $100 and forfeiture of any property, real or
personal, constituting or derived from the proceeds of the
scheme directly or indirectly as a result of the offense.
THE COURT: Thank you.
Ms. Christian, do you understand those are the
possible penalties you could receive in this case?
THE DEFENDANT: Yes, sir.
THE COURT: Do you understand that it's not possible
for me to state to you today what your sentence will be?
THE DEFENDANT: Yes, sir.
THE COURT: Do you understand that in deciding your
sentence, I will consider the sentencing guidelines and that
the sentencing guidelines are advisory, which means that I
have the discretion to impose a sentence that is either within
the guidelines, greater than the guidelines or less than the
guidelines?
THE DEFENDANT: Yes, sir.
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THE COURT: In the plea agreement that was reviewed
with you earlier, you waived certain appeal rights. I want to
be sure that you understand the meaning of that waiver.
Let me first state to you the rights you would have
if you did not waive or give up those rights.
The defendant in every criminal case has the right to
file a direct appeal immediately after her conviction and
sentence. In that appeal, you may raise any issues concerning
the handling of your case in this court that you wish to
raise.
Those issues would be reviewed by the Court of
Appeals. If errors were found, the Court of Appeals could
order that action be taken to correct those errors.
Besides that right to a direct appeal, you would have
an additional opportunity for review of your case by filing a
writ of habeas corpus pursuant to 28 USC, Section 2255.
That's another opportunity for you to challenge the legality
of your conviction and/or your sentence. These are the rights
that every defendant has unless she waives or gives them up.
In your plea agreement you have, for the most part,
given up these rights. Your right of review will be limited
to three specific circumstances:
First, if after calculating the sentencing guidelines
that apply to your case, I then impose a sentence that is
greater than the guidelines, you would have a right to file a
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direct appeal challenging that sentence.
Second, if the government files an appeal for any
reason, you have a right to file a cross-appeal raising any
issues that you wish to raise.
Finally, you always reserve the right to challenge
constitutionally ineffective assistance of counsel.
But aside from these three very narrow circumstances,
you will have no right of appeal and will be essentially bound
by my decision. Do you understand that, ma'am?
THE DEFENDANT: Yes, sir.
THE COURT: Mr. Banks, have you reviewed the rights
with your client such that you're comfortable she understands
both her rights and her waiver of those rights?
MR. BANKS: I have, Judge.
THE COURT: And, Ms. Christian, do you understand
that parole has been abolished in the federal system and if
you're sentenced to prison, you will not be released early on
parole?
THE DEFENDANT: Yes, sir.
THE COURT: Do you understand that you may be
sentenced to a term of supervised release that will follow any
term of imprisonment and will include rules governing your
conduct that if you violate could result in more time in
prison?
THE DEFENDANT: I'm sorry, could you repeat that.
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THE COURT: Certainly. Do you understand that you
may be sentenced to a term of supervised release that will
follow any term of imprisonment and will include rules
governing your conduct which if you violate could result in
more time in prison?
THE DEFENDANT: Oh, yes, sir. Yes, sir. I missed a
word.
THE COURT: And do you understand that you may be
ordered to pay restitution to any victim of the offense?
THE DEFENDANT: Yes, sir.
THE COURT: Are you a citizen of the United States
Government?
THE DEFENDANT: Yes, sir.
THE COURT: And, Counsel, am I correct that
forfeiture is in play in this case?
MR. BANKS: Yes, your Honor.
THE COURT: Ma'am, do you understand that as part of
your sentence certain property that's been identified by the
government may be forfeited by you to the government?
THE DEFENDANT: Yes, sir.
THE COURT: Is there anything that we've talked about
today that you do not feel that you fully understand?
THE DEFENDANT: No, sir.
THE COURT: Have you had a sufficient opportunity to
talk about your case with your attorney and have your attorney
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UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT
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answer any questions that you have before entering your plea?
THE DEFENDANT: Yes, sir.
THE COURT: Are you satisfied with the representation
that your attorney has provided to you?
THE DEFENDANT: Yes, sir.
THE COURT: And how do you plead to Count 34 of the
second superseding indictment?
THE DEFENDANT: I plead guilty.
THE COURT: Mr. Banks, do you feel you've had a
sufficient opportunity to investigate your client's case and
advise her concerning entry of this plea?
MR. BANKS: Yes, your Honor.
THE COURT: Are you aware of any reason I should not
accept the plea?
MR. BANKS: No, Judge.
THE COURT: Is there anything else that you want me
to address with your client on the record at this time?
MR. BANKS: We would just ask that the Court allow
her to remain on bond. She has been in compliance with the
terms and conditions of her bond. I don't think the
government as long as she's been in compliance opposes that
request.
THE COURT: All right. Is that correct, Ms. Chaiken?
MS. CHAIKEN: That's correct, your Honor. We don't
oppose to her remaining on bond.
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UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT
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THE COURT: That's fine with the Court.
And, Ms. Chaiken, is there anything further that the
government wishes the Court to address?
MS. CHAIKEN: No, your Honor. Thank you.
THE COURT: I find the defendant understands the
charge and consequences of the plea.
I've observed the defendant during this proceeding
and she does not appear to be under the influence of any
substance that might affect her judgment or actions in any
manner.
The Court finds that the plea has a factual basis and
is free of any coercive influence of any kind.
I find that there have been no promises made to the
defendant except those set out in the plea agreement.
I find that the defendant is competent to understand
these proceedings and enter a knowing plea of guilty.
I find the plea is freely and voluntarily entered.
It's therefore ordered that the plea of guilty of the
defendant to Count 34 of the second superseding indictment is
accepted and entered.
Ms. Christian, you are hereby adjudged guilty of the
charge contained in Count 34 of the second superseding
indictment.
I will now be referring your case to a probation
officer who will prepare a presentence report.
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Before I receive the report, ma'am, you and your
attorney will receive a copy of the report and will have an
opportunity to object to any findings that are in the report.
At your sentencing hearing I will hear from the
government and any witnesses that it wishes to present, and
from you, your attorney and any witnesses that you wish to
present.
At that time I will decide the proper sentence in
your case.
Do you understand, ma'am?
THE DEFENDANT: Yes, sir.
THE COURT: Counsel, anything else?
MR. BANKS: Not on behalf of Ms. Christian.
MS. CHAIKEN: Not from the government, your Honor.
Thank you.
THE COURT: All right.
Well, good to see all of you.
My thanks to Ms. Coudriet, our court reporter, to
Ms. Oduka who is our -- I guess for today still just a
temporary courtroom deputy but will be joining us as a
courtroom deputy full time in about another week. We're
certainly happy to have her rolling on board.
So, again, thanks, everyone. We are adjourned.
(PROCEEDINGS REPORTED WERE CONCLUDED 10:36 AM)
___________________________
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UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT
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C E R T I F I C A T E
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA
I do hereby certify that the foregoing pages are a true
and correct transcript of the proceedings taken down by me in
the case aforesaid.
This the 16th day of October, 2023.
________________________________
PENNY PRITTY COUDRIET, RMR, CRR
OFFICIAL COURT REPORTER
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