Court filing
TRANSCRIPT of Proceedings as to Amanda Christian held on 9/13/2022, before Judge JP… — USA v. Thomas et al (Dkt. 760)
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. 760 · 2023-10-20 · Docket on CourtListener
Summary
A transcript of sentencing proceedings in United States v. Amanda Christian, No. 1:20-cr-00296-JPB-CMS, held September 13, 2022 before Judge J.P. Boulee in the U.S. District Court for the Northern District of Georgia, Atlanta Division, and filed October 20, 2023 as Document 760. The proceedings open at 10:13 AM with appearances by an Assistant U.S. Attorney for the government and James Gabriel Banks for the defendant. The court adopts the presentence report, states a total offense level of 23 and a criminal history category of 1 yielding a range of 46 to 47 months, and asks for recommendations under the 18 USC, Section 3553(a) factors. Defense counsel seeks a three-level reduction and describes three loans, including one funded at about $830,000 of which the defendant received about $20,000. The proceedings concluded at 11:32 AM.
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
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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 SENTENCING PROCEEDINGS
BEFORE THE HONORABLE J.P. BOULEE
UNITED STATES DISTRICT JUDGE
SEPTEMBER 13, 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 IN OPEN COURT AT 10:13 AM, ATLANTA, GEORGIA)
COURTROOM DEPUTY CLERK: Good morning. The Court has
set aside time for a sentencing in the United States v. Amanda
Christian, Case Number 1:20-CR-296.
Counsel, will you please make your appearances for
the record.
MR. KITCHENS: Good morning. AUSA Nathan Kitchens.
And I'm here with trial attorney CG Moore, as well as FBI
Special Agent Joe Stites.
THE COURT: Good morning.
MR. BANKS: Good morning, Judge. Gabe Banks on
behalf of Ms. Christian. She is present in the courtroom.
THE COURT: Good to see both of you this morning as
well.
We also have a probation officer. It doesn't look
like Ms. Ridley back there.
OFFICER JEFFERS: Ms. Ridley called me and stated
that she had a sick child. So I'm Ken Jeffers, and I'm
standing in for her today.
THE COURT: All right. Good to see you, Officer
Jeffers.
Ms. Christian pled guilty on March 23rd this year to
Count 34 of the second superseding indictment for conspiracy
to commit wire fraud.
In accordance with Rule 32 of the Federal Rules of
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Criminal Procedure the US Probation Office conducted a
presentence investigation and prepared a presentence report, a
copy of which has been provided to both the government and the
defense.
Mr. Banks, have you and your client had an
opportunity to read and discuss the presentence report?
MR. BANKS: We have, Judge.
THE COURT: Do you have any questions about the
presentence report or any amendments now other than what's
been previously filed?
MR. BANKS: No, your Honor.
THE COURT: Thank you.
I understand there were some objections but that
those have been withdrawn, is that correct?
MR. BANKS: That is correct, Judge.
THE COURT: All right. Very well.
Are there any objections or amendments now from
either side to the presentence report just to clarify the
record?
MR. KITCHENS: No, your Honor.
THE COURT: Okay. Thank you.
And no from you as well, Mr. Banks, correct?
MR. BANKS: That's true. I did drop a footnote in my
notice or my sentencing memorandum about her criminal history.
There was an issue about whether or not it was zero or one
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UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT
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point. It doesn't make a difference, but she was not
convicted of an open container.
And so although that doesn't make a difference, we
withdrew the objection and I provided documentation of that,
so...
THE COURT: Thank you.
And I'll consider that. Thank you.
And I assume the government has no beef with that
statement?
MR. KITCHENS: No, your Honor.
THE COURT: Very well.
I will adopt the findings of fact and conclusions of
law in the presentence report to which no objections have been
made. And I will consider without objection the statement
Mr. Banks made regarding the open container charge.
Based on the findings of fact and conclusions of law
the guideline calculations are as follows:
Base offense level of 7;
Adjusted offense level of 26;
Total offense level of 23;
Criminal history category of 1;
Recommended sentencing range of 46 to 47 months;
Fine guideline range of 20,000 to 4,755,568, or twice
the loss dollars;
Term of supervised release of one to three years;
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And a special assessment of $100.
Any objection to the guideline calculations as stated
by the Court?
MR. KITCHENS: No, your Honor.
MR. BANKS: No, Judge.
THE COURT: I'll now hear from the parties as to
recommendations for a reasonable sentence considering the 18
USC, Section 3553(a) factors.
I have reviewed both the presentence report and the
sentencing memorandum of both the government and the defense,
as well as the exhibits, including character letters in
support of the defendant.
Are there any other documents or letters for the
Court from either side?
MR. KITCHENS: No, your Honor.
MR. BANKS: No documents, but at some point
Ms. Christian will want to make a statement to the Court.
THE COURT: Of course.
Any victims present that wish to speak or present
evidence in connection with the evidence in this case?
MR. KITCHENS: No, your Honor.
THE COURT: Other than Ms. Christian herself, are
there any witnesses on behalf of the defense?
MR. BANKS: No witnesses on behalf of the defense.
However, I would note that Mr. Knox is here present in the
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courtroom. That is Ms. Christian's fiance.
THE COURT: Good to see you, Mr. Knox. Thank you for
being here. It is always helpful for the Court to know the
defendant, someone that I'm sentencing, has family and friends
that support them. So it's important to me to see that, so I
appreciate your being here. And I'm sure that Ms. Christian
appreciates your being here as well. Thank you.
Mr. Banks, would you like to make an argument on
behalf of your client regarding sentencing?
MR. BANKS: Yes, Judge.
THE COURT: Go ahead.
MR. BANKS: Do you want me to approach the podium?
THE COURT: Wherever you're more comfortable.
MR. BANKS: Judge, as you know from the sentencing
memorandum, we've asked for a three-level reduction and
believe that that three-level reduction is appropriate in this
case.
Without trying to diminish or minimize her role or
her acknowledgment of --
THE COURT: You're welcome to take your mask off if
you would like when you're speaking. I'm going to do the
same.
MR. BANKS: Without minimizing her role or her
conduct and her appreciation for the offense conduct in this
case, Judge, I do believe that a three-level departure is
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warranted in this case for a few reasons.
I think that it's not an unfair statement on behalf
of Ms. Christian and, frankly, maybe other defendants who have
come before this Court and pled guilty to similar charges that
she didn't start this or participate or join this scheme
knowing that it was a scheme initially. It's not like there
was a meeting whereby someone said, you're going to have to
falsify records or lie about the number of employees that you
have or lie about the amount of revenue your business is
generating on a yearly basis in order to qualify for a loan.
Rather, ads were made out on social media. And that is when
she met one of the co-defendants and then ultimately was
introduced to Daryl Thomas as well as Ms. Slaton. And at that
point in time they talked about ways of getting money through
your business through the PPP loan.
She participated in those three loans that she's
being held responsible for, Judge. I will say the timing of
those loans is significant. I know the government made
mention of -- that the timing of the loans was significant in
their opinion because it reflected her knowledge. But I do
think, as pointed out in my sentencing memorandum, she didn't
realize that it was a fraudulent scheme until she actually
signed her documents.
And so, for example, the Transportation and
Management Service, that loan was funded in May of 2020. And
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UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT
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I believe all the applications -- not just for Transportation
Management but the other two loans that she was a part of and
is being held responsible for, the applications to those
things were -- and the documentation for those loans were
provided even well in advance of that.
But as it concerns Transportation Management -- and
the reason why I'm saying she didn't know until she ultimately
signed off on her loan back in -- the government's documents
reflect June, she remembers DocuSigning her loan sometime in
July, but I don't think it really makes a difference because
ultimately there's some conduct after her executing the
documents.
But prior to executing her loan documents where there
were a number of employees that she knew she didn't have and
where there was an amount generated in terms of the amount of
money her business was generating, she didn't know this was a
fraudulent scheme. In fact, Transportation Management, she
didn't sign any of those documents, she didn't see the loan
application. And, frankly, that is the loan that was funded
about $830,000, of which she received about $20,000.
And so I will say that once she got her loan
documentation, Judge, she signed it. She did have several
questions about it. She posed those questions to Mr. Thomas
and Ms. Slaton about the number of employees and about the
payroll and raised that with them. They reassured her that --
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UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT
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not to worry about it but -- and she knew it was wrong.
Still, even after that conversation, Judge, I think
she knew it was wrong and it didn't set right with her, but
she did it anyhow. And she'll talk to you about that.
But that's in a nutshell. It's one thing to start
out in a fraudulent scheme knowing, and it's another thing to
get there. And I know it's a dicey argument in some respect
because it's arguably what you're suggesting, that is if you
knew about it in the beginning, you wouldn't have been
involved in it. But I do think that there is some credence to
the argument that once you're so close to the finish line and
then you're being told by people who have essentially been
ordering you around, including Mr. Thomas, you kind of
overlook certain things. And so she overlooked those things,
Judge, and she's apologetic about it.
But the reason why I believe that a variance is
warranted in this case is more about who she is. I mean, as
the Court knows from my papers she had a very difficult
upbringing. And it's not to say she wasn't raised in a loving
environment.
And, frankly, Ms. Christian and I have struggled with
trying to present that to the Court because even in her
presentence interview she feels like if she talks about the
tough environment in which she was raised, that she would be
doing a disservice to her adoptive parents, her aunt, who took
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UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT
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her on and took her sisters on. And so while she didn't know
her mother -- her biological mother as far back as she can
remember as an infant when she was turned over to her aunt,
she struggles with identity issues because of not knowing who
her biological mother was and only meeting her biological
mother up until the time she was 16 at a family funeral, at
which point her mother simply just says hello to her, doesn't
embrace her and just says hello, how are you doing. And
Ms. Christian goes back to life as normal. I don't know her.
I don't know who she is. I mean, I've never been embraced by
her. And still, to this day, I think that that is something
that she struggles with without knowing that she struggles
with it.
I will also say, though, to her credit, as a result
of being reared by a woman who took her in and showed her so
much love and charity, she took that kind of persona on. And
throughout the community she has developed her own nonprofit.
She has assisted at-risk youth, under-privileged communities,
including the elderly as well as the homeless. Her nonprofit,
as reflected in my sentencing memo, is Feeding Everyone Daily.
And it's not to say that she's every day out there on the
ground, boots active, feeding people, but it's a concept in
which she believes that the under-privileged community needs
to be fed every day from a spiritual perspective, from a
nutrition perspective, from a financial perspective and
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UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT
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certainly from certain materials that we need to survive. And
she has done that from -- I believe her business was formed
sometime in 2019, August of 2019, and then ultimately
incorporated in 2020.
And so she's been an active member of giving back
to the community. And I really believe that those
characteristics of Ms. Christian speak to the true nature of
who she was.
I think she will speak to ultimately who she is as a
person in her statement to the Court, but this is clearly a
series of choices that she made during this particular
fraudulent scheme that was more than a mistake she'll
acknowledge but was a drastic -- I mean decision, and she
regrets it every day. And she has an internal struggle as
to why she made the decision she made in this case.
But, Judge, based upon her background and all of her
family -- familial circumstances, when -- being raised, as
well as her community support and her efforts to give back to
the community, I do believe that a three-level departure is
warranted.
She is not suggesting that a sentence of probation is
necessary in this case. And she is not asking for probation
because she knows that she has to suffer the consequences of
what she did.
But at the end of the day, Judge, I would
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UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT
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respectfully suggest that a sentence of no greater than
33 months would be appropriate in her case.
With that, Judge, I don't have anything more. I know
Ms. Christian would like to make a statement to this court.
But unless the Court has any other questions, I'm happy to --
THE COURT: I do. I have one. It's Feeding Everyone
Daily, is that the name of the organization?
MR. BANKS: It is, Judge.
THE COURT: Okay. I'll just be blunt. Obviously I
like any member of society to do something charitable. And I
like to know that when I have a defendant before me for
sentencing, they're the type of person that's done something
charitable. But I always have a little bit of an antenna up
if someone does something after they're charged. So I'm glad
to see she did this starting in 2020, but I'm curious, was she
involved in any efforts like this before 2020 to your
knowledge?
MR. BANKS: I think -- well, if you're asking me, I
think she was. And I think she will be able to speak to that.
I think the letters of support reflect that as well. To the
extent that she met individuals in the community, she was
always very giving of her time and her energy and of her
resources, and so she will speak to that.
She will also speak to the fact that, I mean, she's
written a children's book about her conduct in this case and
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UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT
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what that means and about the power of forgiveness and
recognizing how to get forgiveness from the community and from
others.
THE COURT: Let me -- just to clarity, I still think
it's good that someone even after they've, for lack of a
better way of putting it, been caught and admitted to it, I
still think it's good, even at that point. Even if
someone has to that point in their life done nothing good for
anyone except themselves, I still am happy to see people then
go out and do something good. I'm always curious if -- I want
to be conscious of the fact that there may be some out
there -- it sounds like it's not Ms. Christian, but there may
be some out there that do something in preparation for their
sentencing hearing that they wouldn't have been involved in
otherwise, but it sounds like that's not the case. And I
think that would be reflected in the letters that I've
received as well.
MR. BANKS: That's correct, Judge.
Giving back to the community is a part of who she is.
She learned those traits from her aunt who was her surrogate
mother that she realizes is just really -- you couldn't tell
her that that's not her biological mother, but she knows -- I
mean, in fact, it's not, but she treats it as if it was her
biological mother.
THE COURT: I understand adoptive parents can be much
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UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT
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better than biological parents in many instances by the way.
MR. BANKS: And apparently that was the case here.
Her aunt, who served as her mother, was her saving grace.
The one thing that I failed to mention but it's in my
sentencing memorandum is that she did sit down with the
government and answered their questions pursuant to a proffer
agreement. While it didn't give rise to a 5K, and I respect
the government's decision, they have to make those hard calls,
and they are hard calls to make. And to the extent it didn't
give rise to a 5K, the fact that she was willing to sit down
with the government and own what she did and tell what she
knew is also something that this court should consider as
well.
THE COURT: Thank you.
MR. BANKS: Thank you, Judge.
THE COURT: Ms. Christian, I've had the benefit of
hearing from your counsel, both from his arguments on your
behalf this morning and also through the papers he submitted
prior to today. But if there's anything you would like to
personally say before I sentence you, I would be happy to hear
from you now. And I would be curious, as I inquired of
Mr. Banks, what other things you've done before founding
Feeding Everyone Daily in 2020.
THE DEFENDANT: Good morning, your Honor.
THE COURT: Good morning.
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THE DEFENDANT: So first I would like to address the
question that you had about Feeding Everyone Daily.
So I've been giving back to the community since 2014.
Actually that's how I met my fiance. I used to have pool
parties, but to get into the pool party you had to bring
school supplies. And I would work with other non-profits. So
it wasn't a non-profit, but I would donate school supplies, I
would give back to the community in various events, but I
never put a name on it.
So in 2019 we decided to do the LLC. But the lady
who was doing the -- I had a consultant working on the
paperwork, she passed away. So that's why the paperwork
didn't get filed, and I didn't get the 501(c)(3) until 2020
because I ended up having to do it myself because the lady who
was doing it for me passed away. If that answers your
question.
THE COURT: It does. Thank you.
THE DEFENDANT: Okay.
I'll read my statement. To the Honorable Judge
Boulee, persons and officers of the court in their respective
places, I, Amanda Christian, am before you to make this
statement.
I would first like to express my profound -- excuse
me -- profuse remorse for my activity in this crime. At this
time I fully realize the damage and consequences of my
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actions. I apologize for this, and I accept full
responsibility for my actions.
I grew up in the small town of Springfield,
South Carolina. My parents, Elizabeth and Russell Williams,
in their retirement years decided to take me and my sisters in
and raised us to believe that faith in God can and will get
you through anything.
Excuse me. I further --
MR. BANKS: Take your time.
THE DEFENDANT: I firmly believe this and have clung
to my faith throughout this situation. I know that they will
be severely disappointed in my involvement, but she would tell
me that God has forgiven me and that she will do so as well.
I've struggled and tried many times to figure out
what exactly that means to connect with these individuals in
hopes of figuring out where I went wrong. There is no doubt
that my naivety allowed me to trust individuals who I did not
know formally and did not do research with before doing
business with them, realizing later that some of them didn't
even give me their real names.
While naive when I met these people, the true
struggle that I have and have had with myself is to why when I
realized that when I was involved in a fraudulent scheme did I
go through with it anyway. I'm not sure that there is one
answer or a simple answer to this internal daily struggle.
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UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT
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What I do know is that my conduct in this case was
wrong and it will never happen again. I have learned a lot
from my conduct and decisions and from this situation,
including the criminal proceedings.
I wrote a children's book entitled The Adventures of
Amanda Panda that discusses making a mistake and asking
oneself for forgiveness because of my struggles.
I believe that this has caused me to fully appreciate
how wrong my conduct was in this situation, but also it has
taught me the power of forgiveness even when you feel as if
your conduct is unforgiveable.
I realized in 2013 that one of the reasons God put me
on this earth was to help people like my mother and father did
when they took in children whose parents did not want them and
raise them and love them as if they were their own.
Because of my mother and others in my community who
believed in me, I went to college and strived to work hard to
become a strong individual. And although life has not always
been great, I'm grateful in the life that I had and the
clients that did and still support me.
I made a series of bad choices in this fraudulent
scheme, your Honor, but I truly want you to know that those
decisions do not define who I really am. I will work
diligently for the rest of my life to help the disadvantaged
youth and elderly in my community for I believe that I still
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have an opportunity to provide a service and have a positive
impact in this world.
I have my fiance, family, church family and friends
who have continued to stand by me, and I am so grateful for
their unwavering support in spite of the circumstances.
I would like to close by saying each one of us is
more than the worse thing we've ever done. There is power
even in understanding brokenness because embracing our
brokenness creates a need and desire for mercy and perhaps a
corresponding need to show mercy.
Bryan Stephenson said that. And it's with this and
the understanding of the grace of God that I ask you and this
court, your Honor, for your mercy.
Thank you for your time.
THE COURT: Thank you, ma'am. I appreciate your
statement.
Mr. Kitchens, does the government have a response?
MR. KITCHENS: Yes, your Honor.
THE COURT: And, Mr. Kitchens, one thing I would be
curious to hear from you about is, you know, we have now in
this -- I guess there are two related cases that aren't the
same case number, but we've had it seems like the majority of
the sentencings in this case at this point. I think we might
have several left.
But as far as 3553(a) is concerned, avoiding
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sentencing disparity, it's odd because that factor almost
becomes more clear later in a multi-defendant case than it is
at the first sentencing obviously. So I would be interested
to hear from you about that factor in particular as well.
MR. KITCHENS: I'll certainly address that, your
Honor.
THE COURT: All right.
MR. KITCHENS: Thank you.
Your Honor, we read the character letters. We heard
the statement from Ms. Christian as well. And it is clear
that Ms. Christian has supportive family members and friends
and that she is a valuable member of her community and has
performed exemplary service for her community.
The charges and conviction ultimately do not define
Ms. Christian and agree with something I think she said at the
end of her statement, something along the lines of, you know,
a person is not defined by really their acts at their worse
moment.
But this ultimately is one of those difficult cases
where the Court is left trying to balance what has been a
productive life when overcoming some challenges in youth with
what was in the end a very, very serious crime, and one that
Ms. Christian had a more culpable role than some of the other
people who have been sentenced in this case.
As a result, the government's recommendation is
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46 months, which is the low end of the guidelines range. We
think that low end appropriately accounts for Ms. Christian
both in terms of her history and circumstances and her
productive conduct since she's admitted responsibility in this
case with the serious nature of the crime and also the need to
avoid sentencing disparity.
So we think the Section 3553(a) factors support this.
And I'm specifically going to discuss the seriousness of the
offense, the need for deterrence, and the need to avoid
unwarranted sentencing disparities.
In terms of the seriousness of the fraud, there's two
aspects of this. First, as I know the Court is well aware,
we've talked about it certainly before, the nature of the
whole scheme itself, of course, was one that targeted a
government aid program at a time of national crisis.
The defendant and co-conspirators exploited a COVID
relief fund near the onset of the pandemic that wrecked the
economy, and that was a much-needed lifeline for businesses
that were suffering in the early days of the pandemic.
As we've discussed in the memo, really even -- this
is not a victimless crime in the sense that the money that was
taken with these fraudulent loans and the three of them was
money that could have been used to help other businesses that
were really in dire straits.
The second part of this is the defendant's specific
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role and her leadership role in the fraud. Ms. Christian was
a little bit of a unique situation compared to some of the
defendants because she was both a loan applicant as well as
someone that assisted as sort of a middle person with some of
the other loans.
So she had total involvement in three loans, which,
you know, we certainly have seen some individuals, Mr. Thomas,
of course, being the most notable, that -- and Ms. Slaton,
that had involvement in multiple loans. I believe that
Ms. Christian may be the first one we've seen other than
Mr. Thomas that was both an applicant as well as someone that
helped facilitate loans for other people. That makes her, I
think, in our view more culpable than some of the individual
businessowners that have been sentenced in this case both in
terms of the number of loans involved and the role in
facilitating the other fraudulent loans.
I think in many ways -- and I think this is
ultimately when we talk about sentencing disparities, the
argument is that Ms. Christian's conduct was in many ways akin
to Dee Slaton and Charles Petty, where those defendants, you
know, also helped facilitate others to obtain fraudulent
loans, but those defendants, as we'll talk about, didn't apply
for loans themselves as Ms. Christian did.
Ms. Christian, you know, I think in the sentencing
memorandum argues that essentially that she was a middle woman
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and kind of in the middle of the scheme. And we certainly
agree that she was by no means the mastermind. She was not by
any stretch the most culpable. That clearly was Mr. Thomas.
She did not have any role in fabricating the documents. She
did not necessarily know the specific falsehoods in some of
the other business loans aside from her own. But in the end,
Ms. Christian was still a level above the other businessowners
that have been sentenced in this case. She provided specific
instructions, helped facilitate their loans. And we'll talk
about a little bit some of those steps in particular.
I think the primary -- one of the arguments I heard
for the variance, and this was in the defendant's sentencing
memorandum, too, was that Ms. Christian did not know initially
at the onset when she first started to pursue this road that
this was necessarily something fraudulent, that that
recognition came further down the line. That, of course, I
think, you know, is likely true. I think that is true. And I
think we've heard that from some of the other defendants and
businessowners as well, that that was true.
What makes this situation, again, a little bit
different, and in our view makes Ms. Christian more culpable
than the other businessowners was really -- I think the
evidence is clear here that in the end, you know, there was no
mistake about her understanding that when she reached kind of
the key decision points, she knew exactly what she was doing
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and she knew that it was fraudulent.
Specifically what we see is while it was the case
that some businessowners did not even sign their applications,
they provided information initially, and then they had money
that hit their accounts on the back end, Ms. Christian
actually did. She filled out -- as we noted in Exhibit 1 of
our sentencing memorandum, she DocuSigned an application
knowing that Advertising and Then Some did not have the number
of stated employees, that -- the payroll numbers and
everything that was filled out in that application. So she
knew certainly by that step when she DocuSigned that
application that this was fraudulent.
I think tellingly is what happens a few weeks after
that, and that's when Ms. Christian helps facilitate the
fraudulent loan for Mickey's. It's a few weeks later that
Mr. McDuffie came to her office to sign the borrower
resolution form for Mickey's, a key step in getting the
fraudulent loan for that case. So it would have been readily
apparent by the time that Ms. Christian DocuSigned her own
loan that this was not something on the up-and-up, that what
Daryl Thomas was doing was fraudulent.
And it was a few weeks later, you know, rather than
making the decision, you know what, I'm going to stop, return
the money, you know, whatever I need to do, this clearly is
not what I thought it was, she takes a step of helping to
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facilitate another fraudulent loan for nearly $800,000.
I think there was an argument about Ms. Christian
suggesting that she had a lower level -- she obtained a fairly
low level of proceeds compared to some of the other
businessowners, which is true, but I think as we explained in
the memorandum the reasons for that is really not to be
credited to her own, you know, recognition of wrongdoing and
attempts to stop it. With each of those cases, the amount
that ultimately was owed is small, not through her own efforts
or her own choices but through the diligence of investigators.
With the Advertising and Then Some the US Secret
Service detected there was fraud. They interviewed her. And
when it was apparent that it was under investigation, she
returned -- the money was at that point seized.
With Mickey's, the victim in that case caught the
fraud early from McDuffie's loan. And as a result, McDuffie
had spent only about $5,000 before the bank froze the
remainder of the money.
With Transportation Management the government was
able to seize nearly $500,000 for the loan amount that was
taken. So it is certainly the case that Ms. Christian only
received a small amount of the proceeds, but in each of those
instances it was because investigators had essentially,
whether the bank or the government, had detected that there
was fraud with those loans.
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So this is not a case where Ms. Christian had second
thoughts. To the contrary. When she had that moment that
should have been a clarity call that this is fraud, this is
not the path I want to pursue, she has Mr. McDuffie come to
her office a couple weeks later to do another loan.
So this all ties into the second factor, which is the
need for deterrence. This is not a case I think where the
facts would suggest or the history and characteristics of
Ms. Christian would suggest that there's a strong need for
specific deterrence. She has that one prior conviction which
I think is appropriately described by the defense, I think
it's a minor violation. But this is something where I think
general deterrence again comes into play. And I know we've
made this argument before, but we think it is a significant
factor with these particular types of cases, the PPP fraud
cases.
The Eleventh Circuit has certainly laid out the
general standard for why this is important in fraud-based
offenses because deliberation is such a key part of the
offense.
The second part of that, and this is the one we think
is particularly important with PPP fraud, is the government
with its resources is only able to capture only a fraction of
the fraudulent activity that may be out there. That's
certainly true with PPP fraud. The government could spend all
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its resources, could decide we're no longer going to prosecute
drug cases, violent crime, whatever, and spend everything on
PPP fraud and it still would just make a dent in the overall
problem because the full extent of the PPP fraud --
THE COURT: That's a real shame.
MR. KITCHENS: It is. And it's -- you know, and,
again, it's kind of the nature of how it was set up. It was
set up as a lifeline at a point when the country needed
resources to try to get the money out quickly and with limited
oversight. And that was a trade-off the government decided to
make given the desperate times. But we're left with a
situation where, yeah, there is not the ability or resources
to prosecute the number of people that took advantage of that
program. And that really heightens the need in cases like
this, as the Court has done previously, of sending a strong
message, that if you engage in this type of fraud, if a
circumstance -- and let's hope something like this does not
come up again, this is not a time to take advantage of
government aid programs that are truly needed by people in
more desperate situations.
The last point is the unwarranted sentencing
disparities. And I know this is the Court's concern and
flagged at the beginning. We, again, believe that the most
similar defendants to Ms. Christian is Dee Slaton and Charles
Petty based on their role in packaging and helping to
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facilitate other fraudulent loans. All three of them, again,
were not -- they essentially were what were described, as the
defense said, as basically middle people in the scheme. They
were by no means the most culpable but they were a level above
and to the level of sophistication and understanding beyond
what the individual businessowners showed for their one-time
loans.
I think, again, that in this case I will say that
there's some differences with Dee Slaton and Charles Petty.
Most notably I think to the negative, I guess, for those two
defendants, they had prior criminal history. They were
previously convicted of fraud-related offenses. And their
criminal history scores were adjusted and higher than
Ms. Christian's as a result. And so that certainly affected
their guidelines range. But they also differ in other ways
from Ms. Christian that I think casts Ms. Christian in a more
aggravating light.
Again, as we discussed, Ms. Christian applied for her
own loan, which Dee Slaton and Charles Petty did not, and that
was a loan that Ms. Christian personally DocuSigned.
Ms. Christian was involved in three different loans,
including her own. Charles Petty had involvement in only one
loan that he helped package and facilitate.
Ms. Slaton provided substantial assistance to the
United States, and the government provided a 5K motion based
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on her assistance. In this case, as is noted in the
defendant's sentencing memorandum, Ms. Christian did meet with
us, she did talk with us. She provided information, admitted
her own fault in the scheme. But it was not something that
ultimately resulted in information that we could use at this
point.
And, you know, of course, as we noted as well when
she was initially confronted by the Secret Service in her
initial interview, she was not truthful, which affected her
ability certainly to cooperate in this case as well.
So Ms. Christian really in the end had equal roles to
both of those. And all of those, both Dee Slaton and Charles
Petty, actually were facing the same guidelines range once the
adjustments were made. I think Dee Slaton was higher but
because of the 5K she was down to 46- to 57-month sentence.
And both of those defendants received low-end guideline
sentences of 46 months, which is what we would recommend here.
We think that that is the appropriate one, sentence
here. There's nothing really particularly unique in a
mitigating factor to Ms. Christian compared to those two. And
there's some aggravating factors based on the level of her
involvement in multiple different loans.
So in the end we think a 46-month sentence
appropriately takes into account all of the 3553(a) factors
and is a fair result for Ms. Christian as well as the just
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result given the seriousness of the offense in this case.
THE COURT: Thank you.
Is there any other matter that the Court needs to
take up or anything else from either side before I issue the
sentence in this case?
MR. BANKS: Judge, no. I was -- I'm sorry.
OFFICER JEFFERS: That's okay. Go ahead.
MR. BANKS: Mr. Knox was pointing to me. I know I
did not give advance notice to this court. When I stepped
away from the podium, he asked if he could say words.
THE COURT: I would be happy to hear from Mr. Knox.
And then, Officer Jeffers, did you have something?
OFFICER JEFFERS: Your Honor, while reviewing
counsel's memorandum, I did note that he's correct, it does
not impact the criminal history score; however, if it is a
suspended license, it would not be countable pursuant to 4A1.2
(d) -- or 4A1.2(c). Therefore, if she receives a custodial
sentence, because BOP goes off points, not the criminal
history category, it could affect her designation to some
degree.
With your permission I would like to research that a
little bit further and if that is a suspended sentenced -- or
suspended license sentence, amend the report to remove that
point.
THE COURT: Okay. Mr. Kitchens, I'm guessing that
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you don't have a dog in that fight?
MR. KITCHENS: That's correct, your Honor. I
appreciate the offer to do more research. And we have no
objection to that.
THE COURT: Okay. And does that mean that I should
have Ms. Lee hold off on the J and C until you've done that?
OFFICER JEFFERS: No, sir. There's no need to do
that, we would just modify the presentence report before we
submit it to the BOP.
THE COURT: Okay. Very well. Well, I'll let you
leave that open. And can you have that done in a week?
OFFICER JEFFERS: I'll have it done today, your
Honor.
THE COURT: All right. Even better. Thank you.
Mr. Knox, if you would like to come forward, sir.
MR. KNOX: Good morning, everybody. I just wanted to
try to come and speak to her character a little bit.
She said she started giving back in 2014, but it was
actually 2013 when I met her at the aforementioned pool party
that required school supplies to get in, to donate. And since
then she's made efforts every year, whether it be through
church or through her own efforts, to provide these things to
different students.
I think she's at a different church now, I don't go,
but we have gotten together supplies. She's gotten supplies
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to adoptive families through the entire time I've known her.
She's always been a person to kind of just take
everything on herself. So even when her mother passed at a
young age and she has a lot of siblings that's older than her,
it was her that took on the responsibility of the family,
handled everything with that. The sisters that her parents
took in along with her, she always promised her mom that she
would take care of them. So every year, her, sometimes even
myself, we go in and get them school clothes and get them
school supplies every year.
And I tell a quick story just to illustrate what I
mean, and then I'll leave you guys to --
THE COURT: Mr. Knox, you have as much time as you
would like, okay?
MR. KNOX: Okay.
There was -- one morning she was cooking breakfast.
And I don't know if she remembers this, but she got
lightheaded. And I didn't realize what was going on at the
time, but she had almost passed out because earlier she had
went to give blood to pay the taxes on her mother's house.
And her mother's house had several able-bodied adults working
there, but just because she takes all of that kind of stuff on
herself, even at risk to her own health, you know, she went on
ahead and tried to get everything taken care of.
She's often there for people who aren't there for
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her. She's often -- I don't want to be redundant, but she's
often there for people who -- she often is there for people
who won't return the favor to her.
But she's one of the best people I know. She has
inspired me to give back also. And I even started a business,
a trucking business so that I could get people who couldn't
get jobs and may have had trouble and helped them out and get
them -- get them employed, even some of the times that, you
know, they couldn't get a license, whether they had fees or
child support, I even paid that just to get them on the road
just to provide them opportunities. And not about me, all
that is thanks to her.
I just wanted to speak to the high level of character
that she has. She's allowed my father who lived -- who took
care of my grandmother until she died at 95 to come and live
with us now at his older age and declining health. And she
cooks for him and does all these kind of things specifically
for him just to make sure that he's okay and she does that for
him and me.
It's just -- I could go on all day, but I just wanted
to appeal to the Court to please just show mercy. She means
everything to me and a lot of other people. Thank you.
THE COURT: Thank you, Mr. Knox.
Just because I always like to have counsel have the
last word if they want it before I sentence someone, anything
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else from either the government or the defense?
MR. KITCHENS: Nothing else from the government, your
Honor.
MR. BANKS: Just that she would be able to be
designated to a facility as close to South Carolina -- I'm
presuming you would ask me that, judge?
THE COURT: I was.
MR. BANKS: And so as close to South Carolina as
possible, with a facility that has all of the tools and
training programs that would -- that she could avail herself
to under the First Step Act. But that's it, Judge.
And we would also ask -- I think her aunt has a
surgery at the beginning of November. I don't know if that
puts it out 60 days or 90 days, but in terms of turning
herself in, I think most have asked or some have asked for 60.
I just don't want her to miss that surgery. So I would ask
for 90.
She has been in compliance with all the bond
conditions. Obviously she traveled up here from South
Carolina today to be here. So I don't think that her
designating -- or her reporting to a designated facility would
be a problem in this case.
THE COURT: Mr. Kitchens, is 90 days an issue for the
government?
MR. KITCHENS: In light of that, I think that's
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reasonable. We would not have an objection.
THE COURT: All right. And what's -- there's some
magic language I always forget given how people are designated
and when they have to be there. Is it no earlier than
90 days, is that what I'm supposed to say for the record?
MR. KITCHENS: I think we have been using that
language. With 90 days I think that certainly will give the
Bureau of Prisons plenty of time to make the designation
decision.
THE COURT: Very well.
I'm struggling a bit on this one, but the range that
I'm struggling over is pretty small. But I think I need a few
minutes.
So it's 11:00. Let's take until 11:10, okay.
Thanks, everyone.
(After a recess, the proceedings continued at 11:11
as follows:)
THE COURT: Ms. Christian, if you can please stand.
Pursuant to the Sentencing Reform Act of 1984, it's
the judgment of the Court that you, Amanda Christian, are
hereby committed to the custody of the Federal Bureau of
Prisons to be imprisoned for a term of 46 months custody as to
Count 34.
You must pay to the United States -- I'm sorry. I
misspoke. I had some initial notes, and I took that ten
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minutes to think about it, and my new sentence is imprisoned
for a term of 41 months custody as to Count 34. I apologize.
You must pay to the United States a special
assessment of $100 due immediately. The assessment should be
paid to the Clerk of the US District Court for the Northern
District of Georgia.
The Court finds that you do not have the ability to
pay a fine and cost of incarceration. The Court will waive
the fine and cost of incarceration in this case.
It's further ordered that you shall make restitution
in the amount of $835,542 for distribution to the following
victims:
Cross River Bank, $805,504.49.
Small Business Administration, $24,912.51.
CDC Small Business Finance, $5,125.
Restitution shall be paid in full immediately.
Ma'am, you can be seated while I read some additional
portions of your sentence.
You must pay the above-noted financial penalties in
accordance with the schedule of payment sheet of the judgment.
Payment of criminal monetary penalties is due during the
period of imprisonment. All criminal monetary penalties
except those payments made through the Federal Bureau of
Prison's Inmate Financial Responsibility Program are to be
made to the Clerk, US District Court, 2211 US Courthouse,
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75 Ted Turner Drive, Southwest, Atlanta, Georgia, 30303.
Any balance that remains unpaid at the commencement
of the term of supervision shall commence within 60 days after
release from imprisonment on the following terms:
Payable at a rate of no less than $250 monthly to the
US District Court Clerk.
You must notify the Court of any change in economic
circumstances that might affect the ability to pay this
financial penalty.
The Court determines that you do not have the ability
to pay interest, and it is ordered that the interest
requirement is waived for restitution.
If applicable, forfeiture of your right, title and
interest in certain property is hereby ordered consistent with
the plea agreement and verdict of forfeiture. The United
States shall submit a proposed order of forfeiture forthwith,
or have we done that?
OFFICER JEFFERS: Your Honor, very quickly, could you
make that restitution joint and several with any co-defendants
as well?
THE COURT: Yes.
MR. KITCHENS: I will have to look at the docket to
make sure and figure out if there was.
THE COURT: Very well.
Upon release from imprisonment you'll be on
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supervised release for a term of three years. You must comply
with the mandatory conditions of release.
You must not commit another federal, state or local
crime.
You must not unlawfully possess a controlled
substance.
You must refrain from any unlawful use of a
controlled substance.
The drug testing condition is suspended based on the
Court's determination that you pose a low risk of future
substance abuse.
You must cooperate in the collection of DNA as
directed by the probation officer.
You must make restitution in accordance with 18 USC,
Sections 3663 and 3663(a) or any other statute authorizing a
sentence of restitution.
As part of your supervised release, you must comply
with the standard conditions of supervision. These conditions
are imposed because they establish basic expectations for your
behavior while on supervision and identify the minimum tools
needed by probation officers to keep informed, report to the
Court and bring about improvements in your conduct and
condition. The standard conditions of supervision will be
included in the judgment.
You must comply with the following special conditions
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during the term of supervised release:
You must make full and complete disclosure of your
finances and submit to an audit of your financial documents at
the request of your probation officer.
You must provide the probation officer with full and
complete access to any requested financial information and
authorize the release of any financial information. The
probation office may share the financial information with the
United States Attorney's Office.
You must not incur new credit charges or open
additional lines of credit without the approval of the
probation officer.
You must submit your person, property, house,
residence, vehicle, papers, computers, other electronic
communications or data storage devices or media or office to a
search conducted by a US probation officer. Failure to submit
to a search may be grounds for revocation of release. You
must warn any other occupants that the premises may be subject
to searches pursuant to this condition.
An officer may conduct a search pursuant to this
condition only when reasonable suspicion exists that you
violated a condition of your supervision and that the areas to
be searched contain evidence of this violation. Any search
must be conducted at a reasonable time and in a reasonable
manner.
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You must permit confiscation and/or disposal of any
material considered to be contraband or any other item which
may be deemed to have evidentiary value of violations of
supervision.
The defendant is to report for service in 90 days
from today's date.
Release conditions previously established continue to
apply.
Failure to report for service of the sentence is a
criminal offense.
Did we decide, Mr. Kitchens, that since it's 90 days
I don't need to say that "no earlier than"?
MR. KITCHENS: I think that's right, your Honor.
THE COURT: Although the Court does not have the
authority to select the detention facility, it can recommend
the detention facility to the Bureau of Prisons. And I
respectfully request that the Bureau of Prisons hold her as
close to South Carolina as possible where she has supportive
family and friends. And that she be allowed to participate to
the fullest extent to activities under the First Step Act.
This sentence is made in view of the sentencing goals
delineated in 18 USC, Section 3553(a) and the parties'
arguments as to those factors, including:
The nature and circumstances of the offense and the
history and characteristics of the defendant;
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The need for the sentence imposed to reflect the
seriousness of the offense, to afford adequate deterrence and
to protect the public;
The kinds of sentences available;
The kinds of sentence in the sentencing range
established for the applicable category of offense committed
as set forth in the sentencing guidelines;
Any pertinent policy statement;
The need to avoid sentencing disparity;
The need to provide restitution to victims.
This sentence meets the criteria of punishment,
deterrence and incapacitation and is sufficient but not
greater than necessary to comply with the directives of
Section 3553(a).
Based on these considerations I find this is a just
and appropriate sentence particularly in light of some factors
I'll now discuss.
And I fumbled there when I read the most important
part of today's proceedings, which was the months in custody
when I said 46 originally and then changed it to 41, and
that's what I was struggling with.
I think for a lot of reasons this is a guideline case
and that based on my initial review of all the papers and
everything I had seen coming into today was where I was
headed.
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But I was worried about this. And as Mr. Banks and
Mr. Kitchens know and court personnel, every hearing and every
sentencing in every courtroom in this courthouse we say
sufficient but not greater than necessary. It's part of what
we say because it's part of what's important. And as a judge
the last thing you ever want to do is wake up, you know, when
it's too late for you to change it and think, gosh, I gave
that person more time than I should have. If I wake up, you
know, after the time I can change it expires and I think I
maybe was a little too soft, that doesn't feel good. But when
somebody's in jail -- in prison and I later on think about it
more and think, gosh, I gave them too much, even if it's only
by five months, I've toured federal prisons, I wouldn't want
to serve five minutes there much less five more months. So I
think every hour is important, certainly every month is
important.
And here that's what I was struggling with. And at
the end of the day I decided that varying downward one level,
not the three that the defense requested, I thought that that
was appropriate.
And I came to this sentence based on the entirety of
my review of the factors. But I think one important factor
for an ultimate variance was what I saw about the history and
characteristics of the defendant.
It's rare that I don't have a defendant that comes in
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that has some family issue or done something else good in
their life or at least has a mother or father or sister or
brother who thinks they're a good person, that they did
something good for in the course of their life. But I think
in Ms. Christian's instance, she goes above and beyond that
and has gone above and beyond to serve others throughout her
life more so than most. And I think that that's a factor that
caused me, along with these other factors, to vary down one
level, not three.
I also think varying down one level is consistent for
sentencing disparity when I look at overall -- the overall
case here. I think many people have gotten guideline
sentences, but many others have gotten a little bit below the
guideline. There have been a lot of -- Mr. Kitchens, I don't
know how you find your defendants but there's been just a lot
of special interesting outlier-type situations in this case,
whether it's been their own personal medical issues or extreme
care for parents or other things. And I think that
Ms. Christian, her outlier is that she's done more I think
than others have for other people, including this latest thing
about feeding the hungry.
Importantly that variance is not just because of
that, it's when I consider all these factors. And, again, I
think sentencing disparity is important. And I think going
down one level means that there's not sentencing disparity
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here.
As to deterrence, I think the government makes an
incredibly compelling argument about general deterrence. I am
disgusted that some have decided to take a program that our
executive and legislative branches passed to do something good
when our nation and our world was in crisis. I mean, it's
easy sitting here in late 2022 to think, oh, COVID was bad but
maybe it wasn't horrible. But you think back to 2019 and 2020
and what was going on, this behavior back then, you know, we
didn't know how this was going to turn out. And Ms. Christian
abused the charity of her own government and our tax dollars.
And I think it's a serious offense and warrants considerable
jail time. And that's why I struggled and was very tempted to
go with the government's recommendation of 46 months,
especially when I considered some factors about her statements
to the Secret Service, the fact that she was involved in not
one loan but three, the fact that she not only received a loan
for her own company but also assisted others. There were a
lot of good reasons, and I think the government made a
compelling argument for that 46-month sentence.
But all things considered -- and I got distracted on
the deterrence front. Although I think the general deterrence
is strong here and the reason for the sentence is strong here,
I think the specific deterrence is weak here. I don't suspect
that Ms. Christian will engage in additional behavior of this
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type based on what I've learned about her.
One moment while I review my notes.
Again, I was asked to vary, and I decided to vary
down one level for reasons stated after consideration of the
entirety of the 3553(a) factors.
Before I advise the defendant of her appeal rights,
does the government or the defense have any further objections
to the findings of the Court, the guideline calculations or
the sentence or manner in which it's been pronounced?
MR. KITCHENS: No objections, your Honor.
MR. BANKS: No objections, Judge. I mean,
Ms. Christian did whisper in my ear, this came after she was
interviewed, she did not alert the pretrial interviewer of
this fact but apparently she has been using alcohol
excessively lately, not that she's drinking and driving, but
she is concerned about that. And to the extent that is a
substance that can be abused, I would ask the Court to
recommend RDAP.
THE COURT: The Court does recommend RDAP. I assume
the government has no objection to that? And, Officer
Jeffers, any thought?
MR. KITCHENS: I think typically we would have a
little more of a record before making a recommendation for
that.
I was just seeing paragraph 149 of the PSR describes
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UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT
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substance abuse, it notes that she described herself as a
social drinker and had experimented one time with marijuana
and did not express interest in substance abuse treatment.
THE COURT: Can we leave that open and let
Mr. Jeffers have a discussion with her and y'all come back and
let me know? I mean, I would be inclined -- you know,
assuming what Mr. Banks has indicated his client has told him,
it would seem that would probably makes sense, but I get I
shouldn't perhaps have a knee-jerk reaction without a little
more digging.
MR. KITCHENS: That's completely fine, your Honor. I
think the Court obviously understands that it ultimately --
participation has an effect in terms of how much time you
serve, so I think it's worth further exploration to see if
there is a basis for that treatment given that it would
obviously impact how long the defendant would end up serving
if she were in that program and, you know, completed the
treatment program.
THE COURT: Okay. Officer Jeffers?
OFFICER JEFFERS: Your Honor, I would recommend --
I'm already amending the report with regards to the criminal
history. I could have a brief interview to discuss that,
obtain some additional information from her with regards to
her substance abuse issues, supplement that in the report.
You could recommend that she be considered for RDAP.
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They would make their own assessment to determine if she's
amenable to that or eligible for that and then we wouldn't
further delay the proceedings.
THE COURT: All right. I'm fine with all that. I'm
sure -- Mr. Banks, are you fine with all that as well?
MR. BANKS: Judge, I'm fine. And she whispered it to
me. It's an issue that came up after her interview. I will
say, as the Court knows from its extensive history dealing
with issues on the state court, sometimes people don't want
to admit to substance abuse problems readily. So it's an
embarrassment to her and she wasn't, you know, completely
forthright. But I was advised of it after the interview
report.
THE COURT: All right.
OFFICER JEFFERS: If we are going to go down that
road, your Honor, could we also add a special condition that
she receive upon release substance abuse treatment, if needed?
MR. BANKS: Absolutely. No objection to that, Judge.
THE COURT: I'll do that. And I guess I just -- I
profess, I don't really know all the mechanics. There's a
lot -- a lot goes on with this and every case, parts of which
I touch and see, other parts kind of happen behind the scenes
for me. So I don't really know what I need to do at this
point, if anything, Officer Jeffers, so you can do your job
and we get the documents looking like they need to look. And
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if there's a decision I need to make, I would be happy to make
it now or later.
OFFICER JEFFERS: Because she will be supervised in
South Carolina rather than having to come back to the Court or
send her -- transfer jurisdiction to South Carolina, I believe
it would be prudent to add the special conditions of substance
abuse testing and treatment.
THE COURT: Okay. Well, that's part one. Let me
just say that for the record then.
Condition of supervised release will be substance
abuse evaluation and treatment, if necessary?
OFFICER JEFFERS: Yes, sir.
THE COURT: Very well.
OFFICER JEFFERS: Beyond that, I don't believe
there's anything you should be required to do other than to
recommend that she be evaluated for inclusion in the RDAP
program, if eligible.
THE COURT: Well, then, the Court also respectfully
recommends to the Bureau of Prisons that Ms. Christian be
evaluated for the RDAP program and be allowed to participate
in the RDAP program if it's adjudged that she is eligible for
it.
Good.
OFFICER JEFFERS: Yes, your Honor.
MR. KITCHENS: Yes, your Honor.
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THE COURT: Thank you, Officer Jeffers.
OFFICER JEFFERS: You're welcome.
THE COURT: Ms. Christian, you can appeal your
conviction if you believe that your guilty plea was somehow
unlawful or involuntary or if there's some other fundamental
defect in the proceedings that was not waived by your guilty
plea.
You also have the statutory right to appeal your
sentence under certain circumstances, particularly if you
think the sentence is contrary to law. However, a defendant
may waive those rights as part of a plea agreement. And
you've entered into a plea agreement which, with very limited
exceptions, waives most of your rights to appeal the sentence
itself. Such waivers are generally enforceable, but if you
believe the waiver is unenforceable, you can present that
theory to the appellate court.
With few exceptions, any notice of appeal must be
filed within 14 days of judgment being entered in your case.
If you're unable to pay the cost of your appeal, you
may apply for leave to appeal in forma pauperis or without
payment of fees.
If you so request the Clerk of Court will prepare and
file a notice of appeal on your behalf.
On appeal you may also apply for court-appointed
counsel.
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If you have any further questions about your right to
appeal, I'm sure Mr. Banks would be happy to advise you
further on this matter.
Ms. Christian, do you have any questions about
anything I've said at today's sentencing hearing, ma'am?
THE DEFENDANT: No, sir.
THE COURT: Counsel, anything else that we need to
discuss?
MR. KITCHENS: No, your Honor.
MR. BANKS: No, Judge. Thank you.
THE COURT: All right.
Good to see all of you.
Ms. Lee, thank you.
Ms. Coudriet, thank you.
To our court security officer and our probation
officer, I appreciate your help as well.
Ms. Christian, I wish you luck. I think Mr. Banks
has served you well here. I know he asked for a three-level
reduction from the -- variance from the guidelines and I gave
you only one. But from my perspective, he did an excellent
job in this proceeding in convincing me to go down even that
one level from the guideline range because there were a lot of
reasons, as I noted earlier, for a guideline sentence here.
And, frankly, had the government not been at 46, I probably
would have been in the middle of that guideline range, not at
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the bottom of it as far as the range of numbers I was thinking
about. I won't belabor those points.
But I think you have done a lot of good for others
throughout your life, and I hope that you will continue to do
that upon release.
And I actually sometimes say to defendants I hope
that you've learned from this, but I know -- from everything I
know about you and what I've heard from you, I already know
you have learned from this. And my expectation is that we
won't see you again in this court or any other court unless
you're there helping someone else.
So best of luck to you, ma'am.
THE DEFENDANT: Thank you.
(PROCEEDINGS REPORTED WERE CONCLUDED AT 11:32 AM)
___________________________
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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 20th Day of October, 2023.
________________________________
PENNY PRITTY COUDRIET, RMR, CRR
OFFICIAL COURT REPORTER
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