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TRANSCRIPT of Proceedings as to Darrell Thomas, Andre Lee Gaines, Kahlil Gibran Green,… — USA v. Thomas et al (Dkt. 919)
Record facts
| Court | U.S. District Court for the Northern District of Georgia |
|---|---|
| Filed | 2024-02-12 |
U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 919 · 2024-02-12 · Docket on CourtListener
Summary
The official transcript of change of plea proceedings for defendant John Gaines on January 31, 2024 before U.S. District Judge J.P. Boulee, in No. 1:20-cr-00296-JPB-CMS in the U.S. District Court for the Northern District of Georgia, filed February 12, 2024 as Document 919. The court reviews the defendant's trial rights, and Assistant U.S. Attorney Tal Chaiken summarizes the plea agreement, under which the remaining counts would be dismissed and the parties stipulate an offense level of 21 under Section 2B1.1 for a loss between $550,000 and $1.5 million. According to that summary, Gaines is pleading guilty to a money laundering offense under Section 1956 and agrees to pay $806,710 plus interest in restitution to Cross River Bank and the Small Business Administration and a special assessment of $100. The agreement's appeal waiver in paragraph 31 is read into the record.
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
Full text
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
)
JOHN GAINES,
)
)
DEFENDANT.
)
TRANSCRIPT OF CHANGE OF PLEA PROCEEDINGS
BEFORE THE HONORABLE J.P. BOULEE
UNITED STATES DISTRICT JUDGE
JANUARY 31, 2024
APPEARANCES:
ON BEHALF OF THE GOVERNMENT:
TAL CHAIKEN, ESQ.
SAMIR KAUSHAL, ESQ.
BABASIJIBOMI MOORE, ESQ.
ASSISTANT UNITED STATES ATTORNEYS
ON BEHALF OF THE DEFENDANT:
DEANA TIMBERLAKE-WILEY, 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 11:38 AM, ATLANTA, GEORGIA)
COURTROOM DEPUTY CLERK: The Court has set aside time
for A change of plea in United States v. John Gaines, Case
Number 1:20-CR-296.
Counsel, will you please make your appearances for
the record.
MS. CHAIKEN: Good morning, your Honor. Tal Chaiken
for the United States. Seated with me at counsel table is my
co-counsel Samir Kaushal and Siji Moore. Seated behind us are
FBI Special Agents Joe Stites and Stefan Bublitz.
MS. TIMBERLAKE-WILEY: Good morning, your Honor. My
name is Deana Timberlake-Wiley, and I have the pleasure of
representing Mr. John Gaines who is seated at the table here
with me.
THE COURT: Good to see all of you this morning.
If we can please swear in the defendant.
(The defendant was duly sworn)
THE COURT: Ms. Chaiken, if you can please verify the
signatures on the plea agreement.
MS. CHAIKEN: Yes, your Honor.
Good morning, Mr. Gaines, I'm showing you a document
that's entitled "Guilty Plea and Plea Agreement." Have you
had an opportunity to review this document with your attorney?
THE DEFENDANT: Yes.
MS. CHAIKEN: Turning to page 14 of this document, on
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the right side above where it says your name, is that your
signature?
THE DEFENDANT: Yes.
MS. CHAIKEN: And, Ms. Timberlake-Wiley, on the left
side above where it says your name, is that your signature?
MS. TIMBERLAKE-WILEY: Yes, ma'am.
MS. CHAIKEN: Your Honor, page 14 is also signed by
myself, approving official Stephen H. McClain and Siji Moore.
Turning to page 15, Mr. Gaines, is that your
signature above where it says your name?
THE DEFENDANT: Yes.
MS. CHAIKEN: Turning to page 16,
Ms. Timberlake-Wiley, is that your signature above where it
says your name?
MS. TIMBERLAKE-WILEY: Yes.
MS. CHAIKEN: Your Honor, may I tender the plea
agreement?
THE COURT: Yes. Thank you.
Mr. Gaines, 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 you can
answer them truthfully. A failure to truthfully answer any
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question can 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, sir?
THE DEFENDANT: Yes.
THE COURT: How old are you and how far did you go in
school?
THE DEFENDANT: 58. And I got an EdS in education.
THE COURT: In the last 24 hours have you taken any
drugs, medicine, pills or had any alcoholic beverages to
drink?
THE DEFENDANT: No.
THE COURT: Have you been treated recently for any
mental illness or addiction to alcohol or drugs?
THE DEFENDANT: No.
THE COURT: And, Ms. Timberlake-Wiley, are you aware
of any issues regarding your client's competence to enter a
plea this morning?
MS. TIMBERLAKE-WILEY: No, your Honor.
THE COURT: Sir, I'm now going to review with you the
rights you're guaranteed under the Constitution and laws of
the United States. I want to be sure that you understand your
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rights and that by entering this plea of guilty you're giving
up many of these rights.
Do you understand, first off, that you have the right
to plead not guilty and have a trial by jury?
THE DEFENDANT: Yes.
THE COURT: Do you understand that you're entitled to
a speedy and public trial on the charges against you?
THE DEFENDANT: Yes.
THE COURT: Do you understand that you have the right
to be represented by an attorney throughout all proceedings
and that if you cannot afford an attorney, one will be
appointed to represent you at no cost to you?
THE DEFENDANT: Yes.
THE COURT: Do you understand if you pled not guilty
and went to trial, at the trial you would presumed to be
innocent and the government would have to overcome that
presumption and prove you guilty beyond a reasonable doubt?
THE DEFENDANT: Yes.
THE COURT: Do you understand at a trial you would
not have to prove you're innocent because the burden would be
on the government to prove you guilty beyond a reasonable
doubt?
THE DEFENDANT: Yes.
THE COURT: Do you understand that at a trial you
would have the right to subpoena witnesses which would be an
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order from the Court compelling their appearance at trial to
testify on your behalf?
THE DEFENDANT: Yes.
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.
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.
THE COURT: Do you understand that at a trial, while
you would have the right to testify if you chose to do so, you
would also have the right not to testify?
THE DEFENDANT: Yes.
THE COURT: Do you understand if you chose not to
testify or put on any evidence, those facts could not be used
against you?
THE DEFENDANT: Yes.
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 crimes with
which you're charged?
THE DEFENDANT: Yes.
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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
will find you're guilty of the charge based on your admission
that you're guilty. Do you understand?
THE DEFENDANT: Yes.
THE COURT: Are you willing to give up your right to
a trial and proceed with the plea of guilty at this time?
THE DEFENDANT: Yes.
THE COURT: You earlier verified your signature on
the plea agreement that you entered into with the government.
In a moment I will ask the Assistant US Attorney to review the
terms of the plea agreement, other than factual basis for the
plea and potential penalties, which we will discuss a bit
later in this proceeding.
After that I will be asking you whether the agreement
as presented accurately reflects your understanding of the
agreement that you've reached with the government?
Ms. Chaiken.
MS. CHAIKEN: Thank you, your Honor.
The plea agreement sets forth that Mr. Gaines is
pleading guilty because he is, in fact, guilty of the offense
charged.
Paragraphs two through six set forth an
acknowledgment and a waiver of the rights that the Court just
reviewed with Mr. Gaines.
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UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT
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Paragraphs seven through nine set forth an
acknowledgment of the penalties that I understand we'll review
shortly.
According to paragraph 11, the remaining counts that
are pending against Mr. Gaines will be dismissed on entry of
his plea.
Paragraph 12, the US Attorney for the Northern
District of Georgia agrees not to bring further charges
against Mr. Gaines related to the charges to which he's
pleading guilty.
Paragraphs 13 through 15 set forth a series of
guideline stipulations, specifically that the applicable
offense guideline is 2S1.1(a)(1), that the offense level for
the underlying offense is 21 under Section 2B1.1 because the
base offense level is 7, and a 14-level upward adjustment
applies for amount of loss, between $550,000 and $1.5 million.
The two-level upward adjustment will apply under
Section 2S1.1 (b)(2)(B) because Mr. Gaines is pleading guilty
to a money laundering offense under Section 1956.
A two-level adjustment under Section 2S1.1(b)(3) will
not apply for sophisticated laundering.
And a three-level upward adjustment will apply
pursuant to Section 3B1.1(b) for Mr. Gaines' role in the
offense because he was a manager or supervisor and the
criminal activity involved five or more participants.
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In paragraph 16 the government agrees to recommend a
two-level downward adjustment for acceptance of responsibility
subject to exceptions set forth in that paragraph, including
if the defendant engages in conduct inconsistent with
acceptance of responsibility.
Paragraph 17 sets forth the parties' understanding
that each party reserves the right to make recommendations for
sentencing and that there are no agreements on the guidelines
other than those that are set forth in the plea agreement.
In paragraph 18 the government reserves the right to
modify its sentencing recommendation if it receives additional
information that bears on its sentencing recommendation.
In paragraph 19 the government agrees to recommend a
sentence within the adjusted guideline range so long as the
defendant does not engage in conduct inconsistent with
acceptance of responsibility.
Paragraph 20, the government agrees to make no
specific recommendation as to the fine to be imposed.
Paragraph 21, Mr. Gaines agrees to pay $806,710 plus
applicable interest in restitution to Cross River Bank and the
Small Business Administration in the amount set forth in that
paragraph.
In paragraphs 22 and 23 Mr. Gaines agrees to
forfeiture of any assets that have been seized in connection
with this case.
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UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT
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In paragraph 24 Mr. Gaines agrees to pay a special
assessment of $100.
In paragraphs 25 through 29 Mr. Gaines agrees to
cooperate fully in the collection of any restitution or fine
that's imposed pursuant to the terms that are set forth in
those paragraphs.
In paragraph 30 Mr. Gaines provides that he
understands that the recommendations in the plea agreement are
not binding on the Court.
Paragraph 31 sets forth appeal waiver, which I would
like to read in full into the record.
THE COURT: Go ahead.
MS. CHAIKEN: Thank you.
To the maximum extent permitted by federal law, the
defendant voluntarily and expressly waives the right to appeal
his conviction and sentence and the right to collaterally
attack his conviction and sentence in any post-conviction
proceeding, including but not limited to motions filed
pursuant to 28 USC, Section 2255 on any ground except that the
defendant may file a direct appeal of an upward departure or
upward variance above the sentencing guidelines range as
calculated by the district court.
Claims that the defendant's counsel rendered
constitutionally ineffective assistance are excepted from this
waiver.
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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 the same sentence.
And paragraph 32 sets forth FOIA and Privacy Act
waiver.
And paragraph 33 sets forth that there are no other
agreements between the parties other than this plea agreement.
THE COURT: All right. Thank you.
Mr. Gaines, does that accurately reflect the
agreement that you believe you've reached with the government?
THE DEFENDANT: Yes.
THE COURT: And she read to you about your appeal
rights in paragraph 31 and the three circumstances in which
you might be able to appeal, but do you understand that you
otherwise will have no right of appeal and will be essentially
bound by my decision at sentencing?
THE DEFENDANT: Yes.
THE COURT: And, Ms. Timberlake-Wiley, have you
reviewed those rights regarding waiver of appeal with your
client such that you're comfortable he understands both his
rights and waiver of those rights?
MS. TIMBERLAKE-WILEY: Yes, your Honor, I have.
THE COURT: And, Mr. Gaines, do you understand that
any provisions in the agreement regarding recommendations to
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UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT
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be made by the government are not binding on the Court? In
other words, if I choose not to follow some recommendation
that 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.
THE COURT: Is this the only agreement that you've
entered into with the government?
THE DEFENDANT: Yes.
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.
THE COURT: And per the terms of the plea agreement,
the US 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 that if you do not plead guilty, further charges will
be brought against you or other adverse action taken against
you?
THE DEFENDANT: No.
THE COURT: And, Ms. Timberlake-Wiley, are you aware
of any plea agreement or promise being made to your client
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other than what's been discussed here in court?
MS. TIMBERLAKE-WILEY: No, your Honor.
THE COURT: In a moment I will ask Ms. Chaiken to
state the elements -- excuse me -- 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.
Ms. Chaiken.
MS. CHAIKEN: Thank you, your Honor.
Mr. Gaines is pleading guilty to Count 47 of the
second superseding indictment which charges money laundering
in violation of Title 18 United States Code,
Section 1956(a)(1)(B)(i) and Section 2.
The elements of that offense are as follows:
One, the defendant knowingly conducted or tried to
conduct a financial transaction;
Two, the defendant knew that the money or property
involved in the transaction were proceeds of some kind of
unlawful activity;
Three, money or property did come from an unlawful
activity, specifically wire fraud;
And, four, the defendant knew that the transaction
was designed in whole or in part to conceal or disguise the
nature, location, source, ownership or control of the
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UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT
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proceeds.
THE COURT: All right. Thank you.
And, Mr. Gaines, do 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.
THE COURT: In a moment I'll ask the Assistant US
Attorney to summarize the evidence 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's a factual basis
for you to enter a plea of guilty.
After this statement, I will ask you whether you
disagree with any facts stated by the prosecutor. If you do,
tell me and we will discuss those facts at that time.
Ms. Chaiken.
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.
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UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT
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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 a PPP loan that a business could
receive was generally two-and-a-half times the business's
average monthly payroll cost.
While the United States Small Business Administration
oversaw the PPP, individual PPP loans were issued by private
approved lenders, including Cross River Bank, an FDIC insured
financial institution based in Fort Lee, New Jersey.
The PPP borrower application form asks the applicant
to provide information related to their loan application,
including the amount of the business's average monthly
payroll, the number of the business's 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 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 a
certification that the funds would be used to retain workers
and maintain payroll or to make mortgage interest payments,
lease payments and utility payments.
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UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT
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Defendant John Gaines, who at all relevant times was
in the Northern District of Georgia, was a relative of Andre
Gaines, who owned a Georgia company called Gaines Reservation
& Travel.
On or around May 18th, 2020, Gaines Reservation
submitted a PPP loan application. In the PPP loan application
Gaines Reservation represented that it had 69 employees and
$322,684 in average monthly payroll and that the purpose of
the loan was payroll, lease or mortgage interest and
utilities.
To support these payroll figures Gaines Reservation
submitted IRS Form 941s for Gaines Reservation for each
quarter of 2019, and a JPMorgan Chase bank statement for
Gaines Reservation for February 2020.
The documents submitted with Gaines Reservation's PPP
loan application were fabricated. The IRS confirmed that
Gaines Reservation did not file a Form 941 for any quarter in
2019. And bank records for Gaines Reservation show that the
bank statement submitted with the PPP loan application was
fake. In reality, Gaines Reservation did not have any
employees or any monthly payroll costs.
Based on the false representation in Gaines
Reservation's PPP application and the fabricated supporting
documents, Cross River Bank issued an $806,710 PPP loan to
Gaines Reservation.
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John Gaines, using his alias Marty Gaines, worked
with Darrell Thomas and others to obtain Gaines Reservation's
fraudulent PPP loan. E-mails would shown that Defendant
Gaines e-mailed a person who makes fake documents for him and
asked that person to create fake bank statements for Gaines
Reservation that would show payroll withdrawals.
Defendant Gaines then sent multiple fabricated bank
statements to Darrell Thomas, and one of those bank statements
was submitted with Gaines Reservation's PPP loan application.
Defendant Gaines also e-mailed various other
documents to Darrell Thomas related to Gaines Reservation,
including a PPP application form that left the number of
employees and the amount of payroll blank so that Darrell
Thomas and others working with him could fill in those blanks
with fake numbers.
After the PPP loan money was deposited into Gaines
Reservation's bank account, on which Defendant Gaines was a
signer, Defendant Gaines directed various financial
transactions to make it look like Gaines Reservation was
making payments for payroll and rent which are approved
expenses under the PPP.
For example, on June 22nd, 2020, Defendant Gaines
caused a wire transfer to be sent from Gaines Reservation to a
company called Management Resource Services in the amount of
$179,985.72. The purpose of the transfer was listed as
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payroll services. In reality, however, Gaines Reservation had
no payroll and the purpose of the transfer was not payroll
services. Instead, the transfer was designed to conceal the
location, nature and source of the fraudulently obtained PPP
loan proceeds by making them appear to be spent on payroll
while sending them to an account controlled by Mr. Gaines'
ex-wife, Carla Jackson.
THE COURT: Thank you.
Mr. Gaines, do you disagree with any of the facts as
stated by the Assistant US Attorney?
MS. TIMBERLAKE-WILEY: Your Honor, we don't disagree
but we do have just a clarification.
THE COURT: Sure.
MS. TIMBERLAKE-WILEY: In the beginning where
Prosecutor Chaiken stated that Mr. Gaines was a relative of
Andre Gaines who owned a Georgia company, we just want to make
it clear that Andre Gaines owned the Gaines Reservation &
Travel. That's just important to my client that that be
stated.
And also in the last paragraph where the prosecutor
stated that Mr. Gaines caused the wire transfer to be sent, we
don't dispute that, but the wire transfer was actually sent by
Co-Defendant Andre Gaines.
THE COURT: Very well.
Mr. Gaines, with those caveats by your client (sic),
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UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT
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do you disagree with anything else that the Assistant US
Attorney said?
THE DEFENDANT: No.
THE COURT: Very well.
Do you admit each of the elements she listed earlier?
THE DEFENDANT: I beg your pardon?
THE COURT: Do you admit each of the elements of the
offense she listed earlier?
THE DEFENDANT: Oh, yes.
THE COURT: And, Ms. Chaiken, if you can please state
the potential penalties the defendant faces for the charge,
including the maximum penalties and any mandatory minimums.
MS. CHAIKEN: Yes, your Honor.
As to Count 47, 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. The maximum fine is $500,000, or twice the value of
the property involved in the transaction, whichever is
greatest, due and payable immediately. And then there's also
full restitution due immediately, a mandatory special
assessment of $100 and forfeiture of any and all proceeds from
the commission of the offense, any and all property used or
intended to be used to facilitate the offense and any property
involved in the offense.
THE COURT: All right. Thank you.
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Mr. Gaines, do you understand those are the possible
penalties you can receive in this case?
THE DEFENDANT: Yes.
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.
THE COURT: Do you understand that in deciding your
sentence I will consider sentencing guidelines and that the
guidelines are advisory, which means 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.
THE COURT: In the plea agreement -- excuse me.
In the plea agreement that was reviewed with you
earlier -- we discussed that waiver of appeal already. So
strike that.
Do you understand that parole has been abolished in
the federal system and that if you're sentenced to prison, you
will not be released early on parole?
THE DEFENDANT: Yes.
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?
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UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT
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THE DEFENDANT: Yes.
THE COURT: And do you understand that you may be
ordered to pay restitution to any victims of the offense?
THE DEFENDANT: Yes.
THE COURT: Are you a citizen of the US Government,
sir? Are you a US citizen?
THE DEFENDANT: Yes.
THE COURT: Ms. Chaiken and Ms. Timberlake-Wiley, is
there any forfeiture at issue?
MS. CHAIKEN: Your Honor, there were funds that were
seized from accounts on which -- or at least one account on
which Mr. Gaines is a signer, but our understanding is that
that amount has already been forfeited through the judicial
process, which is why it's not specifically identified as a
forfeiture.
THE COURT: Very well.
Sir, is there anything we've talked about today that
you do not feel that you fully understand?
THE DEFENDANT: No.
THE COURT: Have you had a sufficient opportunity to
talk about your case with your attorney and have your attorney
answer any questions that you have before entering your plea?
THE DEFENDANT: Yes.
THE COURT: Are you satisfied with the representation
that your attorney has provided to you?
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UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT
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THE DEFENDANT: Yes.
THE COURT: How do you plea to Count 47 of the
indictment?
THE DEFENDANT: Guilty.
THE COURT: Ms. Timberlake-Wiley, do you feel that
you've had a sufficient opportunity to investigate your
client's case and advise him concerning the entry of this
plea?
MS. TIMBERLAKE-WILEY: Yes, your Honor.
THE COURT: Are you aware of any reason I should not
accept the plea?
MS. TIMBERLAKE-WILEY: No, your Honor.
THE COURT: Is there anything else that you want me
to address with your client on the record at this time?
MS. TIMBERLAKE-WILEY: No, your Honor.
THE COURT: And, Ms. Chaiken, is there anything
further that the government wishes the Court to address at
this time?
MS. CHAIKEN: No, your Honor. Thank you.
THE COURT: Does the government object to the
defendant remaining on bond subject to the previous
conditions?
MS. CHAIKEN: No, your Honor.
THE COURT: I find that the defendant understands the
charge and the consequences of the plea.
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UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT
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I've observed the defendant during this proceeding
and he does not appear to be under the influence of any
substance that might affect his 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 that the plea is freely and voluntarily
entered.
It's, therefore, ordered that the plea of guilty of
the defendant to Count 47 of the indictment is accepted and
entered.
Mr. Gaines, you are hereby adjudged guilty of the
charge contained in Count 47 of the indictment.
I'll now be referring your case to a probation
officer who will prepare a presentence report. Before I
receive the report, sir, you and your attorney will receive a
copy of the report and will have an opportunity to object to
any findings 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
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UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT
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present.
At that time I will decide the proper sentence in
your case.
Do you understand?
THE DEFENDANT: Yes.
THE COURT: Counsel, let me now give you some
instructions but these will all be included in the notice of
sentencing that will be filed on the docket.
If either party requests a departure or a variance or
if there's a disputed guidelines issue, I require a sentencing
memo to be filed ten business days before the sentencing
hearing, the date of which will be provided to you later by
Ms. Lee.
Responses are mandatory and must be filed five
business days before the hearing.
In the event that the parties agree on the
appropriate sentence, please inform the Court no later than
five business days in advance of the hearing.
Counsel, is there anything else from either side?
MS. CHAIKEN: No, your Honor. Thank you.
MS. TIMBERLAKE-WILEY: No, your Honor.
THE COURT: All right. Good to see all of you.
Ms. Lee, thank you.
Ms. Coudriet, thank you.
Officer, I appreciate your help this morning, I guess
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now this afternoon as well.
Mr. Gaines, you have taken responsibility for your
actions this morning. As I'm sure your attorney has explained
to you federal law looks favorably on people who do so. We
will figure out your sentence in a few months, but I do want
to commend you here for taking the first step towards making
things right here. Okay?
THE DEFENDANT: Yes.
THE COURT: Take care, everyone.
(PROCEEDINGS REPORTED WERE CONCLUDED 12:06 PM)
___________________________
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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 11th Day of February, 2024.
________________________________
PENNY PRITTY COUDRIET, RMR, CRR
OFFICIAL COURT REPORTER
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