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TRANSCRIPT of Jury Trial Proceedings as to Carla Jackson, Teldrin Foster held on… — USA v. Thomas et al (Dkt. 1030)
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An official certified transcript of Jury Trial Proceedings, Volume 7 (PM Session), before the Honorable J.P. Boulee on FEBRUARY 13, 2024, Document 1030 filed 06/14/24, Docket No. 1:20-CR-00296-JPB, United States v. Carla Jackson and Teldrin Foster, in the United States District Court for the Northern District of Georgia, Atlanta Division. The index lists JOHN GAINES for direct, cross, redirect, recross and further redirect examination and JOSEPH STITES for further redirect and further recross. The transcript opens with the Court asking Mr. Foster about his rights to testify or not testify, after which counsel states that Mr. Foster has decided not to testify and will rest. Mr. Marshall states that he anticipates one witness, Mr. Gaines.
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
Record facts
| Court | U.S. District Court for the Northern District of Georgia |
|---|---|
| Filed | 2024-06-14 |
Cite this document
“TRANSCRIPT of Jury Trial Proceedings as to Carla Jackson, Teldrin Foster held on… — USA v. Thomas et al (Dkt. 1030).”
U.S. District Court for the Northern District of Georgia, No. 1:20-cr-00296-JPB-CMS, Doc. 1030, filed 2024-06-14. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-amanda-christian-gand-292218/2024-06-14-gov-uscourts-gand-292218-1030-0-doc-1030/
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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
) VOLUME 7 (PM SESSION)
CARLA JACKSON AND
)
TELDRIN FOSTER,
)
)
DEFENDANTS.
)
TRANSCRIPT OF JURY TRIAL PROCEEDINGS
BEFORE THE HONORABLE J.P. BOULEE
UNITED STATES DISTRICT JUDGE
FEBRUARY 13, 2024
APPEARANCES:
ON BEHALF OF THE GOVERNMENT:
TAL C. CHAIKEN, ESQ.
SAMIR KAUSHAL, ESQ.
BABASIJIBOMI MOORE, ESQ.
ASSISTANT UNITED STATES ATTORNEYS
ON BEHALF OF THE DEFENDANT - TELDRIN FOSTER:
LEIGH ANN WEBSTER, ESQ.
SARALIENE DURRETT, ESQ.
ON BEHALF OF THE DEFENDANT - CARLA JACKSON:
DAVID D. MARSHALL, ESQ.
STENOGRAPHICALLY RECORDED BY:
PENNY PRITTY COUDRIET, RMR, CRR
OFFICIAL COURT REPORTER
UNITED STATES DISTRICT COURT
ATLANTA, GEORGIA
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UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT
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I N D E X
WITNESS:
PAGE:
1. JOHN GAINES
DIRECT EXAMINATION.........................137
CROSS-EXAMINATION..........................181
REDIRECT EXAMINATION.......................232
RECROSS-EXAMINATION........................243
FURTHER REDIRECT EXAMINATION...............250
2. JOSEPH STITES
FURTHER REDIRECT EXAMINATION...............256
FURTHER RECROSS-EXAMINATION................257
- - - - -
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ROUGH DRAFT - DO NOT QUOTE OR CITE FROM THIS DOCUMENT
132
(PROCEEDINGS HELD IN OPEN COURT AT 12:48 PM, ATLANTA, GEORGIA)
THE COURT: Back on the record.
Ms. Webster, did you have an opportunity to speak
with Mr. Foster more about his decision to testify or not
testify over the lunch break?
MS. WEBSTER: Yes, Your Honor, we did. Thank you.
THE COURT: And what's your understanding of his
decision?
MS. WEBSTER: I don't believe he's going to testify,
Your Honor.
THE COURT: All right.
Mr. Foster, sir, good afternoon. I just want to ask
you some questions about that. And I'm sure that everything
I'm about to ask you is the same type of things that
Ms. Webster and Ms. Durrett have already gone over with you,
but I just need to, for the record, make sure you understand
your rights. So that's why I'm asking you these questions.
So, first off, do you understand that you have a
right to either testify or not testify?
DEFENDANT FOSTER: Yes.
THE COURT: Okay. And do you understand that if you
decide not to testify and if you want me to, I'll give an
instruction to the jury telling them that they're not to hold
that against you?
Do you understand that?
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DEFENDANT FOSTER: Yes.
THE COURT: All right. And you understand that you
have a right under the Fifth Amendment not to testify if you
don't want to; correct?
DEFENDANT FOSTER: Correct.
THE COURT: All right.
Counsel, does anyone think any further questions are
necessary on this? I guess I need to ask the penultimate
question, but other than that?
MS. CHAIKEN: No, Your Honor.
THE COURT: Okay. And, Mr. Foster, do I understand
correctly from your attorney that you've decided that you do
not want to testify?
DEFENDANT FOSTER: Yes.
THE COURT: Okay. Ms. Chaiken has indicated she
doesn't think any additional questions are necessary.
Ms. Webster, do you think any additional questions
are necessary?
MS. WEBSTER: No, Your Honor.
THE COURT: All right. Thank you.
And do I understand when we bring out the jury you
will rest and then it will be Mr. Marshall's case to present?
MS. WEBSTER: Yes, Your Honor.
THE COURT: Okay. Mr. Marshall, how many witnesses
do you anticipate?
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MR. MARSHALL: Anticipate one, Judge. We'll still
have to have the conversation with my client also, Judge.
THE COURT: And is that still Mr. Gaines?
MR. MARSHALL: It is. And he's sitting right
outside, Judge. He's ready.
THE COURT: Off the record for a moment.
(Off-the-record discussion.)
THE COURT: So I think we're ready to bring out the
jury, agreed?
MS. CHAIKEN: Yes, Your Honor.
MR. MARSHALL: Yes, Your Honor.
MS. WEBSTER: Yes.
THE COURT: Very well.
Please bring out the jury, Officer.
(The jury entered the courtroom at 1:06 p.m.)
THE COURT: Y'all can be seated.
Ladies and gentlemen of the jury, I'm sorry, I forgot
something. I'm going to have to have you step out for one
more moment. My mistake.
(The jury exited the courtroom at 1:06 p.m.)
THE COURT: Mr. Marshall, could you call your witness
to the stand, please.
MR. MARSHALL: Sure can, Your Honor.
THE COURT: Y'all can be seated.
What we haven't done yet is discuss with Mr. Gaines
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UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT
135
his Fifth Amendment rights.
Good afternoon, sir.
MR. GAINES: Good afternoon.
THE COURT: Sir, you can come around to the witness
stand, please.
All right. If you'd please swear in the witness,
Ms. Lee.
(John Gaines was duly sworn.)
THE COURT: Sir, you can be seated. Thank you.
Sir, as you may be aware, I'm JP Boulee. I'm the
judge in this case. Mr. Marshall, on behalf of his client,
Ms. Jackson, has elected to call you as a witness in this
case. And counsel suggested, and I agreed, that we should
make sure that you had counsel to represent you and assist you
in your decision about whether or not to testify and what you
wanted to testify about.
I know that you've now had a chance to consult with
Ms. Wiley, who is here via video conference; correct?
THE WITNESS: Yes.
THE COURT: All right. And although I know that she
has probably discussed your rights with you, I just want to
make sure that you do indeed understand your rights under the
Fifth Amendment, that you understand that you can invoke your
right not to incriminate yourself if you want to.
Do you understand that?
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UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT
136
THE WITNESS: Yes.
THE COURT: Okay.
Counsel, does anyone think any additional questions
are necessary of Mr. Gaines on this point?
MS. TIMBERLAKE-WILEY: No, Your Honor.
MS. WEBSTER: No, Your Honor.
THE COURT: Mr. Marshall?
MR. MARSHALL: No, Your Honor.
THE COURT: Ms. Chaiken?
MS. CHAIKEN: No, Your Honor. Thank you.
THE COURT: Okay. Very well.
So, Mr. Gaines, what we're going to do, just
administratively, everyone else knows this, but you don't
since you just came in, I'm going to call the jury out in a
moment, Ms. Webster is going to rest her case and then it'll
be Mr. Marshall's case. And he'll formally call you as a
witness and we'll re-swear you in in front of the jury and
then he'll begin his questioning. Okay?
THE WITNESS: Sure.
THE COURT: All right. Very well.
Officer, thank you.
(The jury entered the courtroom at 1:10 p.m.)
THE COURT: All right. Y'all can be seated. Thank
you.
Ladies and gentlemen of the jury, sorry again about
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UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT
137
that. There was just something that I had to do that I forgot
about, so my fault on that one.
All right. Ms. Webster?
MS. WEBSTER: Mr. Foster rests, Your Honor.
THE COURT: All right. Thank you, Ms. Webster.
Mr. Marshall.
MR. MARSHALL: The State (sic) calls Mr. John Gaines
to the stand.
(Also present via Zoom technology is Deana
Timberlake-Wiley)
THE COURT: All right. Ms. Lee, if you could swear
Mr. Gaines in again in front of the jury, please.
COURTROOM DEPUTY CLERK: Did you say the State
called?
MR. MARSHALL: I'm sorry. Ms. Jackson calls.
Correct, Your Honor. Ms. Jackson calls for her
defense Mr. John Gaines.
_____________________________
JOHN GAINES
a witness herein, being duly resworn,
was examined and testified as follows:
_____________________________
DIRECT EXAMINATION
BY MR. MARSHALL:
Q.
Good afternoon, sir.
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UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT
138
A.
Good afternoon.
Q.
Could you please state your full name and spell your
first and last name for the court reporter?
A.
John Stacey Gaines, S-T-A-C-E-Y, G-A-I-N-E-S, J-O-H-N.
Q.
Thank you.
Mr. Gaines, are you one of the defendants in this case
that also involves Teldrin Foster and Carla Jackson?
A.
Yes.
Q.
Do you remember being charged in two of the same counts
in the indictment that Ms. Jackson is also charged in?
A.
Yes.
Q.
And do you remember at some point pleading guilty to one
of those two counts in the indictment?
A.
Yes.
Q.
Do you happen to remember which count of the indictment
you pled out to?
A.
I think it was number 47, money laundering.
Q.
And would that be -- do you recall if that's the one that
dealt with the larger amount wire transfer, or do you recall?
A.
I don't recall.
Q.
Okay. All right.
I'd like to ask you a few questions about your
relationship with Ms. Jackson. Do you know Carla Jackson?
A.
Yes.
Q.
How do you know Ms. Jackson?
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UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT
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A.
I was married to her.
Q.
How long had you been married to Ms. Jackson?
A.
18 years.
Q.
And before that how long had you known her?
A.
15 years.
Q.
15 years. So quite a long time altogether?
A.
Yes. Yes.
Q.
Okay. Do you and Ms. Jackson have any children together?
A.
No.
Q.
No? Okay.
Do you have any children at all?
A.
Yes.
Q.
Can you give me their -- just their ages?
A.
25, 26 and 14.
Q.
Do you happen to recall when you and Ms. Jackson got
divorced?
A.
Might have been 2'17, 2'18.
Q.
Well, let me back up a little bit.
Did you and Ms. Jackson get divorced at some time?
A.
Yes.
Q.
What year was that?
A.
2'17, 2'18, 2'19, somewhere in there.
Q.
Do you happen to recall if it became final any time
during the time of this case, 2019, 2020?
A.
Well before that.
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Q.
Okay. All right.
Who filed the petition for divorce, do you recall?
A.
She did.
Q.
Do you know why Ms. Jackson filed for divorce against
you?
A.
Yes.
Q.
What is that?
A.
Infidelity.
Q.
Infidelity? Okay.
You had an affair with somebody else?
A.
Yes.
Q.
Did you have any children born with any other women when
you were married to Ms. Jackson?
A.
Yes.
Q.
How many children?
A.
Two.
Q.
Two? Okay.
Do you recall about when Ms. Jackson found out about your
infidelity and these other children?
A.
I don't recall right offhand.
Q.
Can you tell the jury, how did Ms. Jackson react when she
learned about this information?
A.
She was a little upset.
Q.
Did that form the basis for her wanting to file a
divorce, though?
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UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT
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A.
Possibly. And probably some other antics.
Q.
Now, it sounds like that was a secret you held from
Ms. Jackson. Did you hold any other secrets from your ex-wife
that you would consider really significant?
A.
Yeah. Having the kids out of wedlock, yeah.
Q.
How about anything related to this PPP loan application
for Gaines Reservation & Travel?
A.
Yes.
Q.
Did you hide what you were doing with that loan from her?
A.
Yes.
Q.
So I mentioned Gaines Reservation & Travel. I want to
ask you some more questions about that company.
Do you know what type of company Gaines Reservation &
Travel is?
A.
Supposed to have been a transportation company.
Q.
Do you know who the owner of it is?
A.
Yes. My cousin Andre Gaines.
Q.
Okay. Andre.
And is Andre somebody who's been associated with this
case also?
A.
Yes.
Q.
Is this a first cousin, Andre Gaines?
A.
Yes.
Q.
Now, were you one of the actual co-owners of the company?
A.
Gaines Reservation & Travel?
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UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT
142
Q.
Yes.
A.
No.
Q.
Were you one of the signers on the bank accounts, one of
the bank accounts for Gaines Reservation & Travel?
A.
Yes.
MR. MARSHALL: Ms. Hirani, can you please pull up
Government's Exhibit 1100. If you could zoom out a little bit
on signatures. Thank you.
BY MR. MARSHALL:
Q.
Mr. Gaines, do you recognize what this document is?
A.
Yes.
Q.
What is this?
A.
It's a business signature card.
Q.
Okay. Do you see the date down there at all where it has
signatures and a couple dates there?
A.
Like 10/19 -- 10/10/19.
Q.
Is your signature one of those that are shown there in
this document?
A.
Yes.
Q.
Do you recall signing this document?
A.
Yes.
Q.
What's the name of the bank here?
A.
Chase.
Q.
Let me ask you, did Ms. Jackson ever have access to this
bank account that you know of?
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A.
No.
Q.
Was she ever a signer on this account?
A.
No.
MR. MARSHALL: You can take that off, Ms. Hirani.
Thank you.
BY MR. MARSHALL:
Q.
Was there a point in time when you helped your cousin
Andre Gaines prepare a PPP loan for Gaines Reservation &
Travel?
A.
Yes.
MR. MARSHALL: Ms. Hirani, pull up Government's
Exhibit 1000, please.
BY MR. MARSHALL:
Q.
I'm showing you, Mr. Gaines, what is Government's
Exhibit 1000. This has been previously admitted.
Do you see which company's filled out this application
form?
A.
Yeah, Gaines Reservation & Travel.
Q.
And who is the primary contact there that's listed there?
A.
Andre Gaines.
Q.
Thank you.
MR. MARSHALL: Ms. Hirani, can you go to the second
page. And if you could highlight on the signatures.
BY MR. MARSHALL:
Q.
Can you please tell the jury who signed this application?
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UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT
144
A.
Andre Gaines.
Q.
Okay. Thank you.
Now, what involvement did you have, if any, with this PPP
loan application for Gaines Reservation & Travel being
submitted?
A.
I introduced him to the gentleman who was actually
processing the loans.
Q.
Who was that person?
A.
Darrell Thomas.
Q.
Darrell Thomas.
And is Darrell Thomas somebody that's also involved in
this case?
A.
Yes.
Q.
Okay. And tell us a little bit more about that. What
did you -- what did you tell Mr. Andre Gaines about Darrell
Thomas and about the PPP loan application process?
A.
He was trying to -- well, we were trying to get some
money to fund a project. We were trying to purchase a
building and -- over in Alabama, in Montgomery. And I told
him that I knew someone who could make it happen, basically.
Q.
When you're referring to "him," and so for that pronoun,
who are you talking about?
A.
I was speaking in reference to my cousin.
Q.
Andre Gaines?
A.
And Darrell Thomas.
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Q.
Okay. All right.
So you mentioned this project. Was this something that
was your idea and that you raised and discussed it with
Mr. Gaines or what?
A.
It was kind of both of ours.
Q.
All right. Tell the jury a little bit more about this
project and what you told Mr. Gaines about that project.
MS. CHAIKEN: Your Honor, objection, hearsay.
MR. MARSHALL: I'm asking what he told them, Judge.
I'm not asking for what Mr. Gaines said.
MS. CHAIKEN: It's an out-of-court statement offered
for the truth of the matter asserted.
MR. MARSHALL: Judge, I'll move on.
BY MR. MARSHALL:
Q.
Do you remember having a discussion, though, at some
point about what the purpose of this loan would be for?
A.
Yes.
Q.
And the moneys that -- do you remember moneys finally
being disbursed for this PPP application for Gaines
Reservation & Travel?
A.
Yes.
Q.
Do you recall about how much money that was?
A.
Like 800,000.
MR. MARSHALL: Ms. Hirani, please pull up
Government's Exhibit 1108. Go ahead and highlight the
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UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT
146
deposits and transactions area.
BY MR. MARSHALL:
Q.
Do you see the date on this particular transaction here
that's listed?
A.
Yes. It's May 2019.
Q.
Okay. And what's the amount of money?
A.
806,710.
MR. MARSHALL: Ms. Hirani, back out so we can go to
the top of that sheet. If you could highlight where the dates
are in this statement. Might be at the top portion.
BY MR. MARSHALL:
Q.
What's the time frame up there on this document,
Government's Exhibit 1108?
A.
It says May 1st, 2020, through May 29th, 2020.
Q.
So Andre Gaines -- that PPP loan application for Gaines
Reservation & Travel, that got submitted for funding; correct?
A.
Yes.
Q.
And are these the moneys that, to your knowledge, came
from that PPP loan?
A.
Yes.
Q.
All right. Now, do you know if Carla Jackson was
involved at all in the submitting or the preparation of this
PPP loan application for Gaines Reservation & Travel?
A.
No --
Q.
At that time did you have any discussions with
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Ms. Jackson about what any of these proceeds were going to be
for?
A.
No.
Q.
Did she have any knowledge, Ms. Jackson, about the
fraudulent nature of this loan for Gaines Reservation &
Travel?
MS. CHAIKEN: Objection, calls for speculation, lack
of foundation.
BY MR. MARSHALL:
Q.
Well, how long were you married with her, sir?
A.
18 years.
Q.
Okay.
MS. CHAIKEN: Same objection, Your Honor. He can't
know what she knew.
THE COURT: I understand. I think he was going
somewhere differently or asking different questions. That's
how I took it, anyways.
Is that correct, Mr. Marshall?
MR. MARSHALL: That's correct.
BY MR. MARSHALL:
Q.
Did you see any statements at all from Ms. Jackson or
anything where she indicated any kind of knowledge about what
this loan was from?
A.
No.
Q.
And did you ever discuss or tell Ms. Jackson about this
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loan application in any way?
A.
No.
Q.
About the fraudulent nature of it?
A.
No.
Q.
I want to move to that large deposit that you had there
in this Government's Exhibit 1108.
MR. MARSHALL: You can take that down, Ms. Hirani.
I'd like to go to what happened with the money. And
I'd like to pull up some exhibits related to that.
BY MR. MARSHALL:
Q.
First off, I want to ask you some questions about your
ex-wife's company. Do you know what the name of that company
was?
A.
Management Resource Services.
Q.
Management Resource Services.
So if I refer to that as MRS, will you know what I'm
talking about?
A.
Yes.
Q.
So Management Resource Services.
Is this a company that your ex-wife had during the
duration of your marriage?
A.
I believe so, yes.
Q.
Do you know what kind of company it was, what it did?
A.
A little bit of everything. Management, consulting. A
little bit of everything.
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Q.
You were married to your ex-wife for quite a long time.
Can you tell the jury a little bit about, you know, what your
wife's work background was?
A.
Pretty much that. She's a project manager. She worked
at IBM for 20-some years. And then she moved on and she's
been a project manager ever since. So, you know, she's pretty
good with organization, consulting, managing, things of the
sort.
Q.
At the time that she -- now, in this time frame of
2020 -- 2019, 2020, this business was in existence; right?
A.
Yes.
Q.
MRS?
A.
Yes.
Q.
All right. And was your wife also working somewhere else
at the time, like a regular job and regular salary?
A.
Yes.
Q.
Do you happen to know what company that was?
A.
I can't recall.
MR. MARSHALL: Ms. Hirani, can you pull up
Government's Exhibit 1167. If you can pull down to the check
image, which is a page or so. Right there is good. Okay. If
you can go ahead and pull that out a little bit.
BY MR. MARSHALL:
Q.
Now, Mr. Gaines, have you ever seen this check?
A.
Yes.
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Q.
How did you come about seeing this check?
A.
It's a check my cousin wrote to my wife's company.
Q.
Repeat that, please.
A.
It's a check that my cousin wrote to my wife's company.
Q.
Were you with -- is that your signature on the bottom
there or is that Mr. Andre Gaines's signature?
A.
That's my cousin's signature.
Q.
Did he fill this out with you present? Did you see him
fill this out?
A.
Yeah, I was there.
Q.
Do you know -- do you have any personal knowledge in the
memo line about what these consulting fees or daily business
management had to deal with?
A.
It had to do with purchase of -- we had purchased a
building in Montgomery. This would have been some of the
money going towards purchasing, as well as the daily
management of the construction workers and all that kind of
spreadsheet stuff that you have to do with managing a project.
Q.
Okay. So is this referring back a little bit to this
discussion of that project that you were discussing with Andre
Gaines at some point?
A.
Yes.
Q.
Okay. And you mentioned also Darrell Thomas; is that
correct?
A.
Yes.
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Q.
This particular check, are these funds proceeds from that
large deposit that we saw from the PPP loan?
A.
Yes.
MR. MARSHALL: You can pull that off, Ms. Hirani.
That's fine.
I'd like to go to Government's Exhibit 1169. If you
can go down a little bit, please. Keep going, please. Keep
going. Some check images coming up, I think. Should be. If
you could pull that out, please.
BY MR. MARSHALL:
Q.
Now, do you notice the date here -- well, what is this?
A.
A check for company 365 Enterprise.
Q.
Okay. Now, this exhibit has been previously admitted.
Do you see this check has a pay to the order of the payee?
Who is that?
A.
365 Enterprise.
Q.
What is 365 Enterprise, LLC?
A.
Construction company.
Q.
Do you know who owns that company?
A.
Yes.
Q.
Who was that?
A.
I was part owner and a friend of mine.
Q.
Who is on the remitter up there? Who is the person that
took this check out?
A.
Carla Jackson.
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Q.
Can you tell the jury -- what's the dollar amount?
A.
$10,000.
Q.
Is this the same date or close in date to when that check
was deposited at Management Resource Services?
A.
Yes.
Q.
Can you tell the jury what the purpose of this $10,000
cashier's check was?
A.
To pay for construction work that was supposed to be done
on the building and other projects I had going on at the time.
Q.
And did you instruct or ask Ms. Jackson to get this
cashier's check for you?
A.
Yes, I did.
MR. MARSHALL: Ms. Hirani, can you go to the next
image, please. Pull that out.
BY MR. MARSHALL:
Q.
Do you recognize this cashier's check?
A.
Yes.
Q.
And do you notice the date? Is this the same date as the
other check that we saw?
A.
Yes.
Q.
What's the dollar amount of this one?
A.
$10,000 as well.
Q.
Who wrote this check or who is the remitter?
A.
Carla Jackson.
Q.
Now, who is this paid to the order of? Who is this
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payable to?
A.
Capital One.
Q.
Do you know what this cashier's check is for? What it's
meant for?
A.
Yes.
Q.
What is it for?
A.
Auto loans.
Q.
All right. An auto loan.
Is this for an auto that you owned?
A.
Yes.
Q.
Down there in the memo line, do you know who wrote or
printed that information in there with the name and so forth?
A.
I did.
Q.
You did. All right.
Did you do this obviously after you got this cashier's
check from Ms. Jackson?
A.
Yes.
Q.
Do you happen to know which loan this was -- was this
paying off a loan or was it just a monthly payment or what?
Not a monthly payment, but was it a payoff?
A.
Yeah, I think I was paying it off at that point. I had
had it for a while.
Q.
What kind of car was this, do you know?
A.
Nissan Titan, I believe.
MR. MARSHALL: Ms. Hirani, can you go to the next
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document, please. The same exhibit, just lower. That's
right. That's fine. That's good.
BY MR. MARSHALL:
Q.
Do you recognize what this document is?
A.
Yes.
Q.
What is this?
A.
$10,000 check to USAA.
Q.
Is this also on the same date as the other two checks?
A.
Yes.
Q.
Who is the remitter on this one?
A.
Carla Jackson.
Q.
Who is this payable to?
A.
USAA.
Q.
Do you know anything about what this payment is for or
what this cashier's check is for?
A.
I believe that may have been a credit card. I'm not
100 percent -- I can't recall.
Q.
Can you look down at the bottom part of the check. Is
there any printing or any notations in it?
A.
Yeah. I wrote "auto loan" and put the account number. I
can't remember if it was an auto loan or a credit card, one of
the two.
Q.
You're not positive if this was for an auto loan or --
A.
Yes.
Q.
You --
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A.
No, I'm not.
Q.
You're not. Okay.
But this is in the amount of $10,000?
A.
That's correct, yes.
Q.
Mr. Gaines, I'm going to show you what I've marked as
Jackson 13. Take a look at that, please, for a second.
Do you recognize what this is?
A.
It appears to be a text message.
Q.
Do you know who it's from?
A.
Let me see it again.
Q.
You can take a look at it. Hold on to that for a second.
Is that a printout of a text message that you texted?
A.
Yes.
Q.
Does that printout accurately reflect the content of the
text message?
A.
Yes.
Q.
Okay. And do you know who this text message was to?
A.
Carla Jackson.
MR. MARSHALL: Judge, I'm going to tender Jackson 13
into evidence.
MS. CHAIKEN: No objection.
MS. WEBSTER: No objection.
THE COURT: It's admitted.
MR. MARSHALL: I'm going to stand next to you for a
second, okay? Take a look at that together.
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BY MR. MARSHALL:
Q.
So tell the jury what this is and what you were texting
Ms. Jackson about in J13.
A.
It's a text message asking her to get the checks for the
$10,000 for USAA and a $10,000 check for Capital One, and a
10,000 cashier's check for 365 Enterprise for renovations.
Q.
Okay. Let me move you up before you continue.
At the top of that text message, does it have a date with
it?
A.
Yeah.
Q.
What's the date?
A.
June 18th.
Q.
And is this the same date, June 18th, that we saw in
those cashier's checks that have been taken out?
A.
Yes.
Q.
The information that's below the cashier's check
information, what is that? Where it starts -- excuse me.
Let's go here.
What is this 10K cashier's check for 365 Enterprises,
LLC, for renovations?
A.
Yes, for renovations. Like I said earlier, for the
building we was going to purchase and another project I was
working on at the time. So that money was for that.
Q.
Was that money going to be in part for Management
Resource Services and that project in Alabama or something
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else, or do you know?
A.
Yeah, possibly some of it would have been for the project
in Alabama, but I was working on a project here in Georgia as
well.
Q.
Okay. What is the, Take out $9,700 cash? What is that
for? Do you recall?
A.
Not right offhand. No, I don't.
Q.
What about where it says, Take out 820 out of that, do
you happen to know what that is?
A.
I believe -- so I think -- usually -- some of the
household expenses, things of this sort, it could have been
for that. I can't recall.
Q.
And you can look at the screen there. I'm going to walk
back to the table.
Below that there's another entry.
Do you see that other text message, the second one from
you?
A.
Yes.
Q.
What's the date of that one?
A.
June 19th.
Q.
And what does that say? What is GM?
A.
I guess good morning.
Q.
What's red girl?
A.
Sometimes I called my wife red girl.
Q.
And then it says, Send the correct spelling of MRS. Do
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you know what that is?
A.
Yeah. Might have been Management Resource Services.
Q.
And then what's the -- the other information, what's that
about? Is it about account number wiring, routing number?
What's that, do you recall?
A.
Oh, yeah. That was -- yeah. I was requesting an
account -- routing number so that my cousin can wire some
additional funds to the Management Resource account.
Q.
Did this have to do with anything related to the second
wire transfer or do you even recall now?
A.
Yes.
Q.
You think it was?
A.
Yes.
Q.
And do you mean a second wire transfer of funds out of
Gaines Reservation & Travel?
A.
That's correct.
MR. MARSHALL: Ms. Hirani, can we move to
Government's Exhibit 1125. Pull this up, please. Just move
that down a little bit. Okay.
BY MR. MARSHALL:
Q.
Do you see who the person's name is on this document?
A.
Yes.
MR. MARSHALL: If you can go back out to the main
document, Ms. Hirani.
BY MR. MARSHALL:
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Q.
Do you see what this document is, what it's entitled on
the top?
A.
Yes. This is a PNC statement, domestic transfer.
MR. MARSHALL: Ms. Hirani, can you see if there's a
date on there you can pull up, please.
BY MR. MARSHALL:
Q.
Do you see what the send date is here?
A.
6/22/2020.
MR. MARSHALL: Ms. Hirani, can you go down to where
the amount is, if you can find it on the document, please.
The amount of the wire transfer, if you can find it.
BY MR. MARSHALL:
Q.
Do you see the amount of the wire transfer here?
A.
Yes.
Q.
And, again, what is the date on this document?
A.
6/22/2020.
Q.
Do you recognize what this wire transfer amount is for?
A.
That was the second transfer my cousin made to Management
Resource from the PNC account.
Q.
Now, did you send this transfer?
A.
No.
Q.
Who sent this transfer?
A.
My cousin did, Andre.
Q.
Is this amount the one that forms the basis of the count
that you pled out to, that Count 47? Do you recall?
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A.
I don't recall.
Q.
Is this amount, these funds here, do these come from the
PPP loan proceeds?
A.
Yes.
Q.
That went to Gaines Reservation & Travel?
A.
Yes.
Q.
Okay. All right.
Do you know where these funds went to, where they were
wired to?
A.
Management Resource Services.
MR. MARSHALL: Back out of that, please.
BY MR. MARSHALL:
Q.
Now, we saw the first exhibit earlier of that check. Do
you remember that? In the amount of about $155,000 plus in
Government's Exhibit 1167? Do you remember looking at that?
A.
Yes.
Q.
And this one here in this document, 1125, government's
exhibit, both of these sets of money that went to Management
Resource Services, what was the purpose for them going to
Management Resource Services?
A.
For the project that we were scheduling to do in
Montgomery, Alabama.
Q.
Is that something you told Mr. Gaines, that you discussed
with Mr. Gaines?
A.
Yes.
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Q.
Did you tell anything or discuss anything with
Ms. Jackson about this wire transfer?
A.
No.
Q.
Did she know that the moneys that were coming into her
account were related to this project?
MS. CHAIKEN: Objection, calls for speculation, lack
of foundation.
BY MR. MARSHALL:
Q.
Did you have a discussion with her?
A.
No.
Q.
Do you know if Ms. Jackson got these?
A.
Yes.
Q.
All right. Did you ever tell Ms. Jackson anything
that -- did you ever tell her that this wire transfer came
from funds that were from a fraudulent source?
A.
No.
Q.
Let's talk a little bit about this project, this Alabama
real estate project.
Who all was going to be involved in it?
A.
Me and my cousin Andre. And my wife probably would have
managed it if everything worked out.
Q.
How did -- how did Andre decide to work with Management
Resource Services with his company, Gaines Reservation &
Travel, to do this project?
A.
I think I -- I mentioned it to him.
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Q.
Did you recommend her company to him?
A.
Yes.
Q.
Do you know if Ms. Jackson had any other kinds of
companies that she was working on in addition to Management
Resource Services?
A.
Yes, but I can't recall what they were.
Q.
Do you know if she did any kind of design business or
anything like that?
A.
Yes, but I can't recall what the name of it was.
Q.
Do you know if she did any renovation work or anything
like that?
A.
She's done that as well.
Q.
I think you testified earlier that she was like a project
manager; is that right?
A.
Yes. Yes.
Q.
So what were her responsibilities going to be for this
Alabama project, do you know?
A.
Yes.
Q.
What were they going to be? Tell the jury.
A.
Pretty much, you know, managing the employees, make sure
everybody -- everyone gets paid, handling the finances. And
just -- you know, pretty much keep me abreast of what was
going on. And I was going to be hands on.
Q.
And these moneys that went to Management Resource
Services, their bank account, they were going to be for this
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project?
A.
That's correct.
Q.
So did you have -- you mentioned this. Did you have a
building already selected?
A.
Yes.
Q.
Had you gone out to -- what city in Alabama was this?
A.
Montgomery.
Q.
Montgomery?
Had you and Ms. Jackson gone out to that area, to
Montgomery, Alabama, to look at sites?
A.
No, she didn't go. I went.
Q.
She'd never been out with you?
A.
No. I beg your pardon?
Q.
Had she been out to visit any of the buildings out there
with you?
A.
No. Not in Montgomery, no.
Q.
Had she been out to Alabama to look at some buildings and
so forth, do you recall?
A.
No.
Q.
Let me show you what's been -- that I've marked as
Jackson Exhibits 20, 21, 22, 23, 24 and 25.
Mr. Gaines, I'm going to show you these exhibits. I've
already identified them. Just take a minute to look through
them.
Do you recognize what I just handed you in these
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exhibits, J-20 through J-25?
A.
Yes.
Q.
What are these?
A.
Pictures of the actual business -- I mean, the building
that I was looking at possibly purchasing and renovating.
Q.
These documents I just handed you, these are photographs;
correct?
A.
That's correct.
Q.
Are these photographs fair and accurate representations
of the scenes and persons they depict?
A.
Yes.
MR. MARSHALL: I move to submit, or tender, J-20
through 25, Judge.
MS. CHAIKEN: Your Honor, I don't have an objection,
but I'd ask that additional foundation be laid as to when
these photographs were taken.
MR. MARSHALL: I can do that.
BY MR. MARSHALL:
Q.
Mr. Gaines, do you know about when these photos would
have been taken?
A.
2'19, 2'20, somewhere in there. About the time all this
was taking place. I can't recall.
Q.
So somewhere in the range of when the PPP loan
application got submitted and so forth?
A.
Correct. Correct.
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MR. MARSHALL: Okay. I tender them, Judge.
Any further objection, Ms. Chaiken?
MS. CHAIKEN: No, Your Honor. I mean --
MS. WEBSTER: No objection.
THE COURT: They're admitted.
MR. MARSHALL: Thank you, Your Honor.
Ms. Hirani, can you please publish 20.
BY MR. MARSHALL:
Q.
What is this a picture of?
A.
It's a picture of the building in Montgomery, Alabama.
Q.
You can't see how big it was here. Is this the time you
went out for this project to look for these -- you know, for a
proper facility or a building?
A.
Yes.
MR. MARSHALL: Put up J-21, please.
BY MR. MARSHALL:
Q.
Is this in the same area where this building is and the
street sign that's near where this was located?
A.
Yes.
MR. MARSHALL: Put up J-22, please.
BY MR. MARSHALL:
Q.
Is this the building itself?
A.
Yes.
Q.
Okay. Now, talk to me a little bit about -- I mean, did
you and Andre Gaines have plans for what this would become?
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A.
Yes.
Q.
And did Ms. Jackson have plans for what this building
would become?
A.
No.
Q.
No?
A.
No.
Q.
Well, did she have -- she was going to be the project
manager; right?
A.
That's correct.
Q.
Okay. So did she have some idea about what you were
planning on doing with this?
A.
Vaguely, yes. I didn't divulge a whole lot of
information at the time.
Q.
So what were your -- what was this going to become?
A.
Alabama State University is not that far from there, and
we were going to renovate the building out and then rent it
out to the college students and get the residual income off of
it.
Q.
Does Andre Gaines have a military background?
A.
Yes.
Q.
Was there any intent to use it for any kind of military
housing or any purposes along those lines?
A.
We discussed that as well.
Q.
Was that something that Mr. Gaines was interested in in
your discussions?
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A.
Yes. Yes.
Q.
Did you ever discuss that with Ms. Jackson, any of that
stuff?
A.
I really didn't say a whole lot until I -- once I secured
it, then I would have went more in depth. But at the time,
no.
MR. MARSHALL: Okay. Please show Defendant's
Exhibit J-23.
BY MR. MARSHALL:
Q.
Is this just another photo you took when you were out
there visiting this building?
A.
Yes.
Q.
Do you recall who was taking these photographs?
A.
I can't recall who was with me. To be honest, I had a
couple drinks and I was riding with somebody who rode over
there with me and I can't remember who was with me at the
time.
Q.
You don't know if it was Ms. Jackson or not?
A.
I can't recall.
MR. MARSHALL: Let's go to J-24, please.
BY MR. MARSHALL:
Q.
And who is this in this picture in J-24?
A.
That's me.
Q.
Is this still in the location where this building was
that we saw in one of the earlier photos?
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A.
No. I just kind of went around to all the historical
sites.
MR. MARSHALL: Put up J-25, please.
BY MR. MARSHALL:
Q.
Is this one of the other sites that you saw during this
visit to go look at this building?
A.
Yes.
Q.
Did you ever go out -- how many times do you think you
went out to go look at this building that's shown in Jackson
Exhibit 22?
MR. MARSHALL: If you can put that back up again,
please, J-22.
BY MR. MARSHALL:
Q.
Do you know how many times you went to look at this
building?
A.
Maybe two or three. We called -- Andre called. I
called. And I went out there a couple times, a few times.
Q.
Did you ever go out with any kind of general contractor
or anything like that to see about building this out and so
forth?
A.
No, because I have a background in --
Q.
You have a background in construction?
A.
Yes.
Q.
Okay. All right.
Let's talk about employees. So this is a project --
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would there be payroll associated with this project?
A.
Yes.
Q.
Would you have to hire some employees at some point?
A.
Yes.
Q.
Contractors?
A.
Yes.
Q.
Who was going to be in charge of that?
A.
I was.
Q.
Now, do you remember the exhibit that we put up --
MR. MARSHALL: Ms. Hirani, if you can put back up
Defendant's Exhibit (sic) 1167. Go down to that check image
that's down -- right there. Just pull that out again.
BY MR. MARSHALL:
Q.
Were funds from this check, again, were they for this
project that you were looking at in Alabama?
A.
Yes.
Q.
Okay. Consulting fees, was that going to be for people
that you had in Montgomery to help you do this project, or
what was that for?
A.
Yes.
Q.
Who was going to handle any kind of payroll-related
matters for this project that you had?
A.
Management Resource.
Q.
And who owns that company?
A.
My ex-wife.
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Q.
So would she be the one in charge of that?
A.
Yes.
MR. MARSHALL: And this is Government Exhibit 1167,
not defense exhibit. Thank you.
BY MR. MARSHALL:
Q.
How far along did you and Ms. Jackson and Andre Gaines
get along in doing this project? How far did it go? Did you
end up buying the building?
A.
No, we didn't. We -- everything went to shambles before
we got a chance.
Q.
What happened?
A.
FBI showed up and it got real ugly.
Q.
Okay. Do you remember telling Ms. Jackson how you would
secure the funding for this project in Alabama, like where the
funds came from?
A.
No.
Q.
She's your ex-wife at the time; right?
A.
Yes.
Q.
Did she ask you where the moneys came from?
A.
I don't recall.
Q.
But did you ever tell her it came from any kind of
fraudulent source?
A.
No.
Q.
Mr. Gaines, I want to show you a couple other government
exhibits. I'm going to move to Government's Exhibit 1150.
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MR. MARSHALL: Pull that top part out, please.
BY MR. MARSHALL:
Q.
Do you see what this is here?
A.
Yes.
MR. MARSHALL: If you can back that out so we can see
the title. Thank you. Can you highlight the top of the form
so I can see what the title of the document is, Ms. Hirani?
Thank you.
BY MR. MARSHALL:
Q.
What's this document?
A.
It's a bank statement -- signature card for Bank of
America.
MR. MARSHALL: Ms. Hirani, can you pull out the
signatures at the bottom.
BY MR. MARSHALL:
Q.
Mr. Gaines, do you see your name on this portion of the
document?
A.
Yes.
Q.
Do you see the date?
A.
Yes.
Q.
June 17th, 2020. Did you sign this on this document?
A.
Yes.
Q.
Is this the first time you had had access and used this
bank account for Roadrunner, or had you already been using it
and had access to the account, do you recall?
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A.
I don't recall, but I was a signer on that account.
Q.
Do you recall this being a company that you -- company
that you formed with Ms. Jackson at some point in the past?
A.
Yes.
Q.
So you both were kind of co-founders or co-organizers?
A.
Yes.
MR. MARSHALL: Please pull up Government's
Exhibit 1151.
BY MR. MARSHALL:
Q.
Do you see what this document is?
A.
Yes.
Q.
What is it?
A.
Appears to be a bank statement from Bank of America.
Q.
Do you see the time period for this bank statement?
A.
June 1st, 2020, to June 30th, 2020.
MR. MARSHALL: Ms. Hirani, can you go ahead and go to
the page where it has the transactions. Probably the third
page, I guess. Please go ahead and pull up deposits.
BY MR. MARSHALL:
Q.
Now, Mr. Gaines, you see the first entry here on the
deposits that's dated June 5th, 2020?
A.
Yes.
Q.
What's the dollar amount there?
A.
$71,144.35.
(Organizational pause.)
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BY MR. MARSHALL:
Q.
Do you remember where this deposit of $71,144.35 came
from?
A.
Yes.
Q.
Where did it come from?
A.
I think Darrell Thomas wired that.
Q.
Was this for your purposes? Do you know why you got this
money from Darrell Thomas?
A.
I think I asked him to borrow it. Yeah.
Q.
Do you know what for, why you're asking to borrow it?
A.
I can't recall. Maybe -- I think I was -- I needed some
money until I think he got the deal done for my cousin and
myself.
Q.
Do you have any -- did you tell Ms. Jackson anything
about this deposit?
A.
No.
MR. MARSHALL: Ms. Hirani, please go down to the
transactions, down below.
BY MR. MARSHALL:
Q.
Do you happen to recall who got these bank statements?
Did you get these in the mail or did you get them e-mailed to
you or do you recall when you got these bank statements for
Roadrunner?
A.
I think they went to a PO Box.
Q.
Do you know who used to check those or pick up the mail
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from that PO Box?
MR. MARSHALL: You can go back up to the first page.
THE WITNESS: I may have at times and -- or my
ex-wife did most of the time.
MR. MARSHALL: If you can pull out the address there
at the top, please.
BY MR. MARSHALL:
Q.
Is this the PO Box you're talking about?
A.
Yes.
Q.
Would you pick up mail there occasionally?
A.
I have before.
Q.
Ms. Jackson would too?
A.
Yes.
MR. MARSHALL: Please go back to the transaction
page. If you can pull out the transactions. I don't know if
you can do that whole block but -- okay.
BY MR. MARSHALL:
Q.
All right. So look through these for just a second on
this page, from the first entry that says June 8th, 2020, down
to the one that says June 17th, 2020. Just take a second to
look through those.
Do you see your name on a lot of these transactions?
A.
Yes.
Q.
Actually, the majority of these transactions, is that
your name?
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A.
Yes.
Q.
Okay. On the -- for instance, on June 10th, 2020, USAA
payment, credit card, is that for one of your credit cards in
the amount of $3,000? Do you recall?
A.
Yes.
Q.
What about this USAA? Looks like a loan payment of some
kind of $1,821. Do you know if that was yours?
A.
Yes.
Q.
The June 16th, 2020, that cash withdrawal, there's a
check. Do you know if you withdrew that, that amount of
money, or do you recall?
A.
June 16th. Yes.
Q.
Was that probably yours?
A.
Yes.
MR. MARSHALL: And let's go to down to this --
BY MR. MARSHALL:
Q.
The last entry says GEICO. I guess that's an insurance
company. Would you agree with me?
A.
Yes.
Q.
Whose name is next to this one?
A.
Carla Jackson.
Q.
Do you know what that payment was for?
A.
Probably to pay the car insurance.
Q.
Car insurance.
Do you recall who the policyholder was for GEICO?
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A.
I was.
Q.
Were you or Ms. Jackson? You were?
A.
Yes.
MR. MARSHALL: You can take that off, Ms. Hirani.
BY MR. MARSHALL:
Q.
Now, in the time frame of, I guess, 2020 generally up
until the dates that you got arrested and people were arrested
in this case, where had you been living?
A.
Every now and then I would be at the house with my
ex-wife. And then I was out at a home in Marietta.
Q.
So you already testified earlier you're divorced at this
stage; right?
A.
Yes.
Q.
At some point you were divorced, but you two were still
together and you still occasionally stay in the same house?
A.
Yes.
Q.
Tell the jury, why is that?
A.
She still loved me.
Q.
Any other reasons? Were they for business purposes
or any other things going --
A.
As well.
Q.
Any other reasons? Any other business -- was it for
businesses or anything of that nature or not?
A.
Yes.
Q.
Now, how often did you stay at her house during the week?
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A day a week, couple days?
A.
Two days, kind of in and out.
Q.
Did you have a computer at that residence?
A.
Yes.
Q.
Did you have your own room or office, or what did you
have there?
A.
I had a desk right across from hers.
Q.
What kind of computer did you have there?
A.
Laptop. I had a desktop, laptop.
Q.
Were they yours?
A.
Yes.
Q.
When you stayed at Ms. Jackson's house overnight, did you
access the Internet on those computers?
A.
Yes.
Q.
Did you access bank accounts on those computers when you
were over at Ms. Jackson's house?
A.
I don't recall.
Q.
But is it something that you could do if you were at her
house using those computers?
A.
Yes.
Q.
And I'm talking about especially the time frame of maybe
May 2020 and June 2020. Did you use computers over at the
residence on a regular basis?
A.
Yes.
MR. MARSHALL: If you can put up Government's
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Exhibit 1602. Now this is a document previously admitted.
If you could highlight the Carla Jackson part and the
address. Or just pull it out for us, please. Sorry.
BY MR. MARSHALL:
Q.
Is this the address where you were staying with
Ms. Jackson where she lived? Is this her house?
A.
Yes.
Q.
And is this the residence and the location where you
would use your desktop computer and your laptop computer?
A.
Yes.
MR. MARSHALL: You can put that down, please. Thank
you.
BY MR. MARSHALL:
Q.
And, again, in using your computer, I think you testified
earlier, correct me if I'm wrong, did you have access to the
Gaines Reservation & Travel bank account?
A.
Yes.
Q.
Could you access it by computer if you wanted to?
A.
Yes.
Q.
Did you have the log-in information and password and so
forth?
A.
Yes.
Q.
And could you do that from Ms. Jackson's house when you
were using one of your computers?
A.
Yes.
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Q.
Let me step back a little bit, Mr. Gaines, and talk to
you about -- now, in this case you received a subpoena to
testify from Defendant Jackson; is that right?
A.
Yes.
Q.
You received it through your attorney --
A.
Yes.
Q.
-- Deana Wiley; is that correct?
A.
Yes.
Q.
And Ms. Wiley is actually participating. And she's here
on Zoom while we're asking you questions; correct? Right?
A.
Yes.
Q.
Okay. All right.
Even if you had not received a subpoena from us to
testify, would you have wanted to testify voluntarily anyway?
Did you want to be here?
A.
No.
Q.
Did you want to be here to testify on your ex-wife's
behalf?
A.
I mean, I was subpoenaed. So, I mean, last thing I need
to do is violate some more rules and get into more trouble, so
I'm here.
Q.
Would it be fair to say that you kept a lot of this --
all this information about the PPP loans and the fraudulent
nature of the loans from Ms. Jackson?
A.
Pretty much, yes.
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Q.
What do you mean by "pretty much"?
A.
I didn't tell her anything.
Q.
Okay. All right.
You pled out and you're here testifying today. Can you
tell us why it's taken almost three years or over three years
to come in and finally testify truthfully about this matter?
A.
The previous attorney I had basically just told me to
plead out and he didn't explain anything to me. And then
Ms. Wiley, you know, kept -- pretty much broke everything down
for me, gave me all the information and explained to me how
the system works.
Q.
Let me ask you this: Do you feel responsible in some way
for Ms. Jackson being here today?
A.
Definitely.
Q.
Definitely?
A.
Yes.
Q.
Would this be because of secrets that you held from her?
A.
Yes.
Q.
Secrets kind of like when you were unfaithful to her and
when you had kids outside the marriage?
A.
Yes.
MR. MARSHALL: That's all I have right now, Judge.
Thank you, sir.
THE COURT: Any cross?
MS. CHAIKEN: Yes, Your Honor.
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THE COURT: Go ahead.
THE WITNESS: Can I get some water?
THE COURT: Certainly.
Thank you, Ms. Lee.
CROSS-EXAMINATION
BY MS. CHAIKEN:
Q.
Are you okay to proceed, Mr. Gaines?
A.
Yeah, I'm all right.
Q.
Good afternoon.
Mr. Gaines, you were charged in this case in July of
2021; correct?
A.
Yes.
Q.
And until less than two weeks ago you were supposed to be
part of this trial; right?
A.
Yes.
Q.
You were supposed to be sitting at one of these tables
here?
A.
Yes.
Q.
And you pleaded guilty less than a week before the trial
was supposed to start; correct?
A.
That's correct.
Q.
And when you pleaded guilty, you were placed under oath
just like you were today; correct?
A.
That's correct.
Q.
And you swore to tell the truth; correct?
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A.
Yes.
Q.
And you admitted that you committed money laundering;
right?
A.
That's correct.
Q.
And you also admitted that you were part of the
underlying PPP loan fraud; correct?
A.
Yes.
Q.
Now, you've testified this afternoon that the money that
Gaines Reservation & Travel paid to Management Resource
Services was actually for payroll for a real estate project in
Montgomery, Alabama; correct?
A.
Yes.
Q.
Do you remember when you pleaded guilty, that Judge
Boulee explained to you that he could only accept your plea of
guilty if he found that there was a factual basis for it?
A.
Can you repeat that again?
Q.
Do you remember when you pleaded guilty, that Judge
Boulee told you he could only accept your plea of guilty if
there was a factual basis for the plea?
A.
Yes.
Q.
And do you remember that he asked me in court to say what
we believe the facts that we could prove at trial would be?
A.
Yes.
Q.
And do you remember that I actually sent your attorney
what I was going to read the day before the plea hearing?
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A.
I can't recall that part.
Q.
Now, after Judge Boulee asked me to state those facts, he
asked you if you had any disagreement with those facts.
Do you remember that?
A.
Yes.
Q.
Do you remember saying that you did not have any
disagreements other than one clarification about who was the
owner of Gaines Reservation & Travel?
A.
Yes.
Q.
And when I explained what the facts would show at trial
as to the wire transfer from Gaines Reservation & Travel to
Management Resource Services, I said Gaines Reservation had no
payroll and the purpose of the transfer was not payroll
services; correct?
A.
I don't recall.
Q.
Would it refresh your recollection if I showed you a
transcript of your plea hearing?
A.
Yes. Yes.
Q.
I'll direct your attention to page 17, bottom of page 17
and the top of page 18. And if you could just read that to
yourself.
MR. MARSHALL: Excuse me, Your Honor. Is the
government providing this to Ms. Wiley?
MS. CHAIKEN: Ms. Wiley was at the hearing. I
don't --
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THE COURT: I've heard no objection from Ms. Wiley,
so go ahead, Ms. Chaiken.
BY MS. CHAIKEN:
Q.
Mr. Gaines, have you had an opportunity to review the
transcript from your plea hearing?
A.
No, not yet.
Q.
Okay.
A.
All right.
MR. MARSHALL: Your Honor, can I see what the
government's having him review?
THE COURT: Of course.
MR. MARSHALL: Okay. Thanks.
BY MS. CHAIKEN:
Q.
Mr. Gaines, does reviewing the transcript refresh your
memory that I said, 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?
A.
Yes.
Q.
And then I said the purpose of the transfer was listed as
payroll services?
A.
Yes.
Q.
And then I said, In reality, however, Gaines Reservation
had no payroll and the purpose of the transfer was not payroll
services; correct?
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A.
Yes.
Q.
And then I said, 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's ex-wife, Carla Jackson; correct?
A.
Yes.
Q.
And then your attorney made a clarification for the
record about the fact that Andre Gaines is the person who owns
Gaines Reservation & Travel; correct?
A.
Correct.
Q.
And then Judge Boulee asked you, Mr. Gaines, with those
caveats, do you disagree with anything else that the Assistant
US Attorney said?
Do you remember that?
A.
Yes.
Q.
And you said, no, you did not disagree; correct?
A.
Yes.
Q.
So two weeks ago when you were sitting in this very
courthouse under oath what you said was that the money was not
actually for payroll; correct?
MR. MARSHALL: Judge, I'm going to object. I
think -- if I remember, I think I was asking questions to the
witness about the funds going to Management Resource Services
and to be used for payroll for Management Resource Services.
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I thought that was the focus of my question, Judge, not Gaines
Reservation & Travel and whether they were using funds for
payroll.
THE COURT: Ms. Chaiken.
MS. CHAIKEN: Your Honor, we're talking about the
exact same transaction that Mr. Marshall was asking questions
about.
THE COURT: Overruled.
BY MS. CHAIKEN:
Q.
So, Mr. Gaines, two weeks ago in this courthouse you
testified -- you agreed under oath that the purpose of the
payment from Gaines Reservation & Travel to Management
Resource Services was not actually for any payroll; correct?
A.
Based on the transcript, yes.
Q.
And your testimony here to this jury today under oath is
that it was?
A.
The funds were for the purchase of the building and to do
construction on the building.
Q.
So you've changed your testimony in the past two weeks of
what the money was for?
A.
That's what it was all the time.
MR. MARSHALL: Judge, I'm going to object. I don't
think that's what the facts have shown, but I'd like to put my
objection in, Judge.
THE COURT: So, I mean, you've -- I guess you've put
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it on the record, but what's the objection?
MR. MARSHALL: Just to what he testified to, Judge.
I don't think it's inconsistent. I think the questions that I
asked were related to whether the funds that were going into
Management Resource Services were going to be payroll related.
And if him saying if it was, yes, it was going to be used for
that, for hiring people and things like that, that's not being
untruthful in his sentencing hearing for about how the funds
and -- what representations he made about Gaines Reservation &
Travel.
My questions are focused on what he relayed to
Ms. Jackson and what the funds were supposed to be for for
MRS, Management Resource Services, Judge. Not Gaines.
THE COURT: All right.
Ms. Chaiken, I think you've already responded to
that, but do you want to say anything else?
MS. CHAIKEN: No, Your Honor.
THE COURT: All right. Overruled.
BY MS. CHAIKEN:
Q.
Now, Mr. Gaines, you testified a lot about Andre Gaines
and what his involvement was in Gaines Reservation & Travel.
Do you remember all of that testimony?
A.
Today?
Q.
Yes.
A.
Yes.
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Q.
Now, isn't it true that Andre Gaines had a stroke in
2018?
A.
I don't recall.
Q.
You don't recall your cousin, that you worked closely
with in business, having a stroke?
A.
No, I don't.
Q.
Isn't it true that he's been diagnosed as having
generalized cerebral dysfunction?
A.
Yeah, he has medical issues.
Q.
And then in 2020 he was 67 years old; correct?
A.
Yes.
Q.
Okay. And he was retired?
A.
Yes.
Q.
And, in fact, he was permanently disabled at that point
in time; correct?
A.
Yes.
Q.
And he had been retired since 2014; right?
A.
I don't know. I don't recall. I don't know that.
Q.
He had bad short-term memory; right?
A.
I don't know his medical history like that.
Q.
He was slow to respond when you asked him questions?
A.
He's always had a stuttering speech impediment.
Q.
But he was also slow to respond because he had trouble
understanding; right?
A.
I don't know his medical history.
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Q.
Did you notice in 2018 that his cognitive function got a
lot worse?
A.
I don't recall. I mean, when we hung out, he spoke well,
he moved well, he was capable of functioning daily. So I
don't know his medical history.
Q.
And so you're saying that you and Mr. Gaines, who was
then in his late 60s and had been retired for almost six
years, all of a sudden decided to do a construction project
together in Alabama?
A.
Yes.
Q.
And now you testified about Mr. Gaines -- I'm sorry --
about Andre Gaines having involvement in the PPP loan fraud,
do you remember that?
A.
Yes.
Q.
Do you remember testifying that it was his name on the
PPP loan application?
A.
Yes.
Q.
But it wasn't Andre Gaines who actually signed that PPP
loan application; right?
A.
Based on what -- based on some information I received, it
was in all the packets when I was reviewing them. And on the
recordings she said he signed it and sent it (sic).
Q.
And that's because you told him to say that; right?
A.
No.
Q.
Because after the FBI called him, you had back-and-forth
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phone calls with him the whole day, talking about what to say?
A.
No. I don't recall.
Q.
You know personally that Darrell Thomas is the person who
signed that PPP loan application; correct?
A.
I don't know if Darrell even signed it, to be honest with
you. I don't know who signed it.
Q.
Well, Darrell Thomas e-mailed you the signed PPP loan
application after it was signed; right?
A.
I beg your pardon?
Q.
You use the e-mail address gainesmarty@gmail.com;
correct?
A.
Yes.
Q.
Okay. You use the alias Marty Gaines?
A.
Yes.
Q.
And after the PPP loan application for Gaines
Reservation & Travel was signed, Darrell Thomas sent you
those documents; correct?
A.
Yes.
Q.
So you knew that Darrell Thomas was the one who submitted
that loan, not Andre Gaines; right?
A.
I can't speak on Darrell -- what Darrell did. I can't
speak on what he did or didn't do. I don't know.
Q.
And you also don't know whether Andre Gaines did any of
that; right?
A.
Well, based on the recordings, from one of the recordings
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I listened to, he said he signed it and sent it. So I don't
know how that played out. We got the funds, that's all I
know. We ended up receiving the funds.
Q.
Mr. Gaines, it was you, not Andre Gaines, who was working
with Darrell Thomas to prepare the PPP loan application;
correct?
A.
Yes.
Q.
You're the one who sent Darrell Thomas a fake bank
statement for Gaines Reservation & Travel?
A.
I beg your pardon?
Q.
You sent him a fake bank statement for Gaines Reservation
& Travel?
A.
I don't recall sending any documentation or fake bank
statement to Darrell. He requested at one point in time that
I get a fake bank statement. And I responded, Marie. And
that's it. But I never -- I don't recall sending him any bank
statements, me, personally sending him a bank statement.
Q.
Okay. So your testimony is that you did not prepare
fake -- pay someone to prepare fake bank statements for Gaines
Reservation & Travel?
A.
I don't recall. I said I do not recall.
Q.
Okay. Let me see if we can refresh your memory with
that.
MS. CHAIKEN: Ms. Holland, could you please pull up
Government Exhibit 1408.
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BY MS. CHAIKEN:
Q.
This is your e-mail address, correct, Mr. Gaines?
A.
Yes.
Q.
And Marie L. is a person who created fake documents for
you?
A.
That's -- yeah, I guess so. Yes.
Q.
And you asked her to create a fake bank statement for
Gaines Reservation & Travel; correct?
A.
Yes.
Q.
And then you provided that bank statement to Darrell
Thomas; correct?
A.
I don't know if I ever got the bank statement and
provided a bank statement. That's what I'm saying.
MS. CHAIKEN: Ms. Holland, is 1207 in?
MS. HOLLAND: Yes.
MS. CHAIKEN: Could you please publish Exhibit 1207.
Okay.
BY MS. CHAIKEN:
Q.
Mr. Gaines, does this refresh your memory that you did
get fake bank statements from Marie L. and send them to
Darrell Thomas?
A.
I mean, that's just the text -- e-mail message. I don't
recall getting the actual bank statement and sending it to
Darrell.
Q.
Would you like to see the attachment?
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A.
Yeah, I'd like to see the statement.
MS. CHAIKEN: Let's publish 1207A, please.
BY MS. CHAIKEN:
Q.
Mr. Gaines, this is the attachment to that e-mail that
you sent to Darrell Thomas. Does this refresh your
recollection that you sent fake bank statements for Gaines
Reservation & Travel to Darrell Thomas?
A.
Could you scroll it up, please, so I can see the second
page?
I don't recall this statement -- me sending this
statement from my e-mail.
Q.
gainesmarty@gmail.com is your e-mail account; correct?
A.
Yes.
Q.
Okay. And you're telling this jury that this was not you
e-mailing this?
A.
I said I don't recall.
Q.
Okay. Do you have any reason to doubt that you sent this
e-mail?
A.
Yes.
Q.
What's that?
A.
I just don't recall.
Q.
Do you have any reason to doubt that someone -- that you
used your e-mail account and e-mailed this to Darrell Thomas?
A.
I don't recall sending this e-mail to -- this particular
document to Darrell Thomas. I don't recall. If you have
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the -- if it came from the e-mail, can I see where it came
from my e-mail? I don't recall.
MS. CHAIKEN: Yeah. Ms. Holland, could you put 1207
side by side with 1207A, please.
BY MS. CHAIKEN:
Q.
So this is the e-mail and then there's -- that's the
first attachment. There's two more attachments, which I can
show you if you'd like.
A.
No. Would the e-mail -- wouldn't the e-mail have my name
and the document attached to it going to Darrell if I sent it?
Q.
Yes.
On the left, Government Exhibit 1207 is an e-mail from
gainesmarty@gmail.com to Darrell Thomas. And there are three
attachments.
Do you see that the first one says Jan1.pdf?
A.
I don't -- oh, January 1, okay. I don't recall sending
that, though. I really don't.
MS. CHAIKEN: Ms. Holland, could you please publish
Government Exhibit 1206 side by side with 1206A.
BY MS. CHAIKEN:
Q.
Here's another e-mail from gainesmarty@gmail.com to
Darrell Thomas attaching a Gaines Reservation & Travel bank
statement. Do you remember sending this to Darrell Thomas?
A.
I don't recall. It's been three, four years. I mean, I
may have sent it. I don't recall, that's all I'm saying.
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Q.
Do you remember admitting at your plea hearing that you
sent multiple fabricated bank statements to Darrell Thomas?
A.
I don't recall everything I said.
Q.
So two weeks ago at your plea hearing you remembered that
you sent fabricated bank statements and now you've forgotten?
A.
I'm just trying to refresh my memory.
Q.
Okay. Well, so -- did anybody else have access to your
e-mail account?
A.
People hack stuff all the time.
Q.
So you think somebody hacked your e-mail and e-mailed
Darrell Thomas a fake bank statement?
A.
No disrespect, I just said I don't recall.
Q.
Do you have any --
MR. MARSHALL: The question has been asked and
answered several times. He can't recall if he's sending these
documents is what he's said.
THE COURT: Ms. Chaiken.
MS. CHAIKEN: Your Honor, I don't think he's really
answered it because I've asked him multiple times if he has a
basis to dispute he sent it and he keeps just saying, I don't
recall.
THE COURT: All right. I'm going to sustain the
objection. Let's move on, please.
MS. CHAIKEN: Okay.
BY MS. CHAIKEN:
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Q.
Now, Mr. Gaines, you have been using Marie,
checkstubsinfo@gmail.com, to make fake documents for you since
at least as far back as 2016; correct?
A.
I don't recall. It's 2024.
Q.
Would it refresh your recollection to look at some
e-mails between you and her?
A.
Yes.
Thank you.
MR. MARSHALL: Judge, I'm going to object to this. I
don't see the relevance to this, to the line of questioning
that I asked him about his involvement with Gaines
Reservation & Travel.
MS. CHAIKEN: Your Honor, Mr. Gaines's years long
involvement in fabrication of documents is impeachment
evidence. It relates to his credibility.
THE COURT: Overruled.
BY MS. CHAIKEN:
Q.
Mr. Gaines, does this refresh your recollection that
Marie L. has been making documents for you since at least as
far back as 2016?
A.
Yes.
Q.
And she made fake pay stubs for you; right?
A.
Yes.
Q.
She also made fake titles for you, fake vehicle titles;
right?
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A.
I don't recall.
MR. MARSHALL: Judge, I'm going to object. That's
not relevant to what we're talking about. We're talking about
PPP loan applications and then we're talking -- we're going
beyond that into another area, Judge.
MS. CHAIKEN: Your Honor, Mr. Gaines's credibility is
at issue.
THE COURT: Overruled.
BY MS. CHAIKEN:
Q.
Mr. Gaines, you asked Marie to make vehicle titles for
you; correct?
A.
Yes.
Q.
You asked her to make driver's licenses for you; correct?
A.
Do you have another sample?
Yes.
Q.
You asked her to create fake doctor's notes to provide a
work excuse for you; correct?
A.
Yes.
Q.
You asked her to create fake letters saying that your
identity had been stolen so that you could send them in to
credit bureaus; correct?
A.
I don't recall that one.
Thank you.
Q.
You sent her a letter that you had drafted that was meant
to look like it was a letter from a bank saying that you
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had -- that someone had opened an account -- a credit card
account in your name without your authorization; correct?
A.
This is not my name on the documentation.
Q.
If you look at the third page of what I gave you, that's
your name there; correct?
A.
Oh, yes.
Q.
And this is a letter that you typed up that's supposedly
about somebody opening an account in your name?
A.
Yes.
Q.
And then you sent her a real document from a bank and
asked her to put your letter onto the bank's letterhead;
correct?
A.
I don't recall that.
Q.
Okay. If you could look at the first page, does that
refresh your recollection that you asked her to please cut and
paste the letter you typed --
A.
Yes.
Q.
-- to the letterhead?
A.
Yes.
Q.
You also used Marie L. to create fake police reports;
correct?
A.
Yes.
Q.
And you used her to create fake utility bills; correct?
A.
Yes.
Q.
And you used her to create fake social security cards;
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correct?
A.
Yes.
Q.
And you used her to create fake tax forms; correct?
A.
Fake what?
Q.
Tax forms, like W-2s and things like that.
A.
I don't recall.
Thank you.
Q.
You asked Marie to create documents reflecting fake
earnings for you; correct?
A.
Well, they're not for me, but yes.
Q.
For other people?
A.
Yes.
Q.
And you've used Marie to make it look previously like you
were actually an employee of Management Resource Services;
correct?
A.
I don't recall that.
Q.
You asked Marie to take a pay stub and change the
employer's name to Management Resource Services and change the
name on the pay stubs to Marty Gaines; correct?
A.
Yes.
Q.
And you asked her to change the information on the W-2s
to match the pay stubs; correct?
A.
Yes.
Q.
Is it fair to say that you've used her to make so many
fake documents over the years that you don't even remember
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what you've asked her for?
A.
Possibly.
Q.
And in those few years, from 2016 to 2020, any time you
needed a document that showed something you didn't have, you
just had her make it; right?
A.
Pretty much, yes.
Q.
Now, I want to switch gears for a moment and talk about
Ms. Jackson.
Ms. Jackson's a sophisticated businesswoman, isn't she?
A.
Yes.
Q.
She's been working for decades in the business world?
A.
Yes.
Q.
She works on large-scale projects for businesses?
A.
Yes.
Q.
And she's worked for various companies in corporate
America?
A.
Yes.
Q.
And she's managed projects worth millions of dollars?
A.
I mean, I don't know all that. But I'm assuming, yes.
Q.
She knows how businesses deal with each other; right?
MR. MARSHALL: Excuse me. Can you repeat that
question?
BY MS. CHAIKEN:
Q.
She knows how businesses deal with each other?
A.
I assume, yes.
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Q.
Like, she knows, for example, that companies don't make
upfront payments of $300,000 for contracts that haven't been
signed and deals that haven't been made?
A.
I don't know what she thinks or how she perceives certain
things. I don't know.
Q.
But she's sophisticated; right?
A.
Yes.
Q.
She's someone who knows business; right?
A.
Yes.
Q.
Now, you and Ms. Jackson were married for a long time;
correct?
A.
Yes.
Q.
And she -- y'all spent a lot of time together; right?
A.
Yes.
Q.
And she knew your family?
A.
Yes.
Q.
And she knew your cousin Andre Gaines?
A.
Vaguely, yes.
Q.
Yeah. Well, you said you and Andre Gaines worked very
closely in business; right?
A.
Yes.
Q.
And so --
A.
This particular project, yes.
Q.
And he's your first cousin; right?
A.
Yes.
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Q.
And she knew him?
A.
She met him, yes.
Q.
Now, you and Ms. Jackson separated around November
of 2019; is that right?
A.
I can't recall the date. Somewhere around there.
Q.
Okay. It was before you got involved in PPP loan fraud;
right?
A.
Yes.
Q.
And you testified that that was because she found out you
had been keeping secrets from her?
A.
Yes.
Q.
And so at that point she didn't trust you anymore, did
she?
A.
I don't know -- I can't speak on how she felt or what she
thought.
Q.
Well, you testified that's what caused her to file for
divorce; right?
A.
My infidelity.
Q.
And at that point she knew that you had been keeping
secrets from her; right?
A.
I assume that. I don't know. You will have to ask her.
Q.
Well, you testified that you told her, that she found out
that you had been unfaithful; correct?
A.
I testified what again?
Q.
That you had told her or that she had found out that you
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were unfaithful.
A.
Yeah. She found out, yes.
Q.
And so at that point she knew that you had been keeping
secrets from her because you did not previously tell her you
had been unfaithful; correct?
A.
Yes. Yes.
Q.
Now, you testified that you went to Montgomery, Alabama,
to look at some real estate; correct?
A.
Yes.
Q.
And those were the photographs we looked at?
A.
Yes.
Q.
And those are just photographs of you alone in
Montgomery, Alabama; correct?
A.
No. I wasn't alone. Someone had to take the picture.
Q.
And what I understood you to be saying is that you were
so intoxicated on this business trip that you don't even
remember who you were with?
A.
I said a couple drinks and that was several years ago. I
said I don't recall.
Q.
You don't remember who you were with on a business trip
to scout properties?
A.
Not that particular time, no.
Q.
And you don't remember when that trip was?
A.
Not right offhand, no, not without the pictures. I guess
they had a date on there.
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Q.
Was this trip before the pandemic started or after the
pandemic started?
A.
I think just -- right after the pandemic, I believe.
Q.
After the pandemic started?
A.
(Nods head.)
Q.
And you have some photographs of you at the Peace and
Justice Memorial Center?
A.
Yes.
Q.
Did you go into the museum on your trip?
A.
I don't know if it was open or not. I'm just -- I'm from
the Midwest and, you know, you seen a lot of stuff growing up
as a kid about history in the south and I was -- I happened to
be there, so I just wanted to see it for myself.
Q.
But you don't remember if you actually went and saw it?
A.
I don't know if it was open or not.
Q.
Now, you have some pictures of a building that has the
number 2307 on it; right? Those were the pictures we looked
at?
A.
Yes.
Q.
What was the address of that building where you were
going to do the project?
A.
I guess it was 23 -- it was the whole building, L-shaped
building.
Q.
What was the address of that building?
A.
I can't recall right offhand.
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Q.
This was a building that you've said you visited several
times?
A.
Yes.
Q.
And you were going to -- you had plans to do a major
renovation and construction project there?
A.
Yes.
Q.
And you don't know what the address of that building is?
A.
Not right offhand. That's four, five, six years ago now.
Q.
Do you have any copies of any real estate listings of
that property being for sale?
A.
There was a big sign -- there was a big sign in front to
call if you was interested in the building.
Q.
That's not in any of your photos, is it?
A.
I can't recall. You can pull them back up again and I'll
look at them again.
MS. CHAIKEN: Could we pull up 20, please -- sorry,
J20.
BY MS. CHAIKEN:
Q.
So Defense Exhibit J20, there's no for sale sign in this
picture, right, or anything about calling for information?
A.
Yeah, I don't see it.
MS. CHAIKEN: Exhibit J21, please.
BY MS. CHAIKEN:
Q.
This is a picture of a street sign; right?
A.
Yes.
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Q.
And 27 -- 2307 North Panama, that's not an address that
exists; right?
A.
I beg your pardon?
Q.
2307 North Panama is not an address that exists; right?
A.
That's the area where the building was.
Q.
Okay. But this is not the street that the building is
the address of; right?
A.
Are you going to show me the rest of the photos?
Q.
Okay. Well, I'm just asking you to confirm that it's not
2307 North Panama because that address does not exist.
A.
I can't recall.
MS. CHAIKEN: If you could go to J22, please.
BY MS. CHAIKEN:
Q.
There's no for sale sign in this picture; correct?
A.
Yes. Right on the other side of the tree there's a big
board. Right where the tree is in front of the building
there's a board right there on the window that says call.
You can see the white board right -- just beyond the tree.
There's a board right there that says if you're interested in
this property, call.
Q.
Where are you looking?
A.
See where the tree is in front of the building where the
L is?
Q.
Yes.
A.
Okay. Now, if you look right there, down -- go down just
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below it where the limb is, down -- right there. There's a
white board right there with a number for you to call.
Q.
Okay. You didn't take a picture of that sign, did you?
A.
I don't recall. You got my text messages and all that,
pictures and stuff; right? I'm just asking a question.
Q.
Mr. Gaines, have you given all of your text messages that
you have related to this transaction?
A.
I'm not trying to be rude or disrespectful. I'm just
saying if you already have all my text messages and
everything, that should be in there because I did take a
picture of it.
Q.
Mr. Gaines, Mr. Marshall showed you one text message that
you provided.
A.
Well, I mean, there is a sign there that says call this
number if you're interested in the property. And that's what
I did.
Q.
Do you have any communications that you had with a real
estate agent about purchasing this property?
A.
It was actually privately owned.
Q.
Do you have any communications with anybody that you
talked to about buying the property?
A.
Not at this time, no.
Q.
Do you have any text messages between you and the private
owner or any communications between you and the private owner?
A.
Not to be disrespectful, I mean, you guys have all the
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information. I don't have it. I mean, I'm sure if you go
through the text messages or whatever, there should be
something there somewhere.
MS. CHAIKEN: Your Honor, if there's information,
we've not been provided it, so I would --
THE WITNESS: No. You said there wasn't any
information saying where the property was, and it's right
there on the window.
BY MS. CHAIKEN:
Q.
Mr. Gaines, I'm asking you if you have any communications
with the owner of this property about buying it.
A.
At the time when I called them, yes. After I took the
information off the board, yes.
Q.
Okay. And you don't have those here with you, do you?
A.
No.
Q.
Do you have any communications with a bank or a mortgage
company about getting a loan to buy the property?
A.
Why do I need that when we got the PPP money? I didn't
need a loan from a bank.
Q.
Well, you testified that you went on this visit right at
the beginning of the pandemic; right?
A.
I said just after the pandemic, just before we got the
PPP loan money.
Q.
Right. So at that time you didn't know that you were
going to get a PPP loan, did you?
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A.
That's not what I stated. I said looked at the building
several times, just before we got the PPP money. When the PPP
money came in, we went back over, looked at it a few more
times, talked to the guy who was selling the building, and
then everything went crazy.
Q.
And you don't have any messages that you exchanged with
Andre Gaines about this project you were going to do?
A.
If there are, they're in my text messages. And I'm sure
you guys have all that information, that's what I'm saying.
When you gathered all this information about all the documents
I had doctored up, you should have all my text messages and
pictures as well.
Q.
Mr. Gaines, have you made all of your text messages
available to anyone in this case?
A.
I didn't make any of this available. You guys presented
it to me.
Q.
Right. You keep saying that we have your messages.
A.
I mean, if you -- all I'm saying -- I'm not trying to be
disrespectful --
MR. MARSHALL: Your Honor, I'm going to object at
this point. He was not under a duty when he was a defendant
in this case to turn over all of his stuff. They had every
opportunity to subpoena records, get court orders, get search
warrants and everything.
THE COURT: What's your objection, Mr. Marshall? I
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mean, you've made a statement about your position on
something, but I'm not sure I heard an objection.
MR. MARSHALL: Asked and answered. It's the same
question going back and forth about these communications.
THE COURT: Ms. Chaiken?
MS. CHAIKEN: Your Honor, I'm allowed to elicit
testimony that he doesn't have anything to corroborate the
testimony he's now giving.
MR. MARSHALL: He answered he doesn't have a copy of
the real estate transaction. And he's answered several
questions along those lines. And he kept saying, if there's
anything, you should have it, you have all my e-mails, you
have everything.
THE COURT: Ms. Chaiken, anything else in response?
MS. CHAIKEN: No, Your Honor.
THE COURT: Ms. Chaiken, how much more do you have on
this?
MS. CHAIKEN: Not a lot, Your Honor.
THE COURT: All right. I'll give you a little
leeway. I'm not sure he's answered your question, but I think
Mr. Marshall's objection may be well taken if you go on too
much further down this line.
MS. CHAIKEN: Ms. Holland, could you please pull up
Government Exhibit 13 -- I'm sorry -- Jackson Exhibit 13.
BY MS. CHAIKEN:
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Q.
Mr. Gaines, do you remember Mr. Marshall showed you this
text message?
A.
Yes.
Q.
Okay. Is this the only text message that you provided
related to any of this having to do with the project and the
payments to Management Resource Services?
A.
Maybe it's me, maybe I just don't understand what's going
on because like I said before, I didn't provide anything. You
guys obtained this information and now you've presented it to
me, about some of the things that I've done in the past. So,
therefore, I mean, I don't know. You picked and choosed which
ones you wanted to bring. I don't know.
MS. CHAIKEN: Your Honor, I'm going to move to strike
that as non-responsive.
THE COURT: All right. One moment.
I'm going to deny the motion to strike.
We've been going a good while. Ms. Chaiken, are you
close to the end of your cross or how much more do you have?
MS. CHAIKEN: It would probably be a good time for a
break.
THE COURT: Okay.
Ladies and gentlemen of the jury, we will go ahead
and take a ten-minute break. Thank you.
(The jury exited the courtroom.)
(After a recess at 2:47 p.m., the proceedings
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continued at 3:00 p.m. as follows:)
THE COURT: I understand we have an issue,
Mr. Gaines. Do you need to speak with your attorney? Is that
right?
THE WITNESS: Yes.
THE COURT: Okay. You know, as we discussed, we can
break to let him do that. So we will break and let you have
that conversation separately with your attorney. And then
we'll go back on the record and bring out the jury, okay?
MR. MARSHALL: I guess, for the record, I'm going to
let Mr. Gaines use my phone, I guess.
THE COURT: That's fine.
We're off the record.
(Off-the-record discussion.)
(After a recess at 3:01 p.m., the proceedings
continued at 3:07 p.m. as follows:)
(The jury entered the courtroom.)
THE COURT: Y'all can be seated. Thank you.
And, Ms. Chaiken, you can continue with your
questioning.
MS. CHAIKEN: Thank you, Your Honor.
Ms. Holland, could you please publish Government
Exhibit 1160. And if you could go down to the last page,
please.
BY MS. CHAIKEN:
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Q.
Mr. Gaines, do you recognize the signature on this
signature card?
A.
Yes.
Q.
It's Ms. Jackson's signature?
A.
Yes.
MS. CHAIKEN: If you could go to Government
Exhibit 1167, please. If you could scroll down, please.
BY MS. CHAIKEN:
Q.
This is the first check that Gaines Reservation & Travel
wrote to Management Resource Services; correct?
A.
Yes.
Q.
And you testified that it was Andre Gaines who wrote this
check?
A.
Yes.
Q.
And it was you who told him what to write; correct?
A.
Yes.
Q.
And it was you who gave that check to Ms. Jackson?
A.
I think we both were there.
Q.
And it was Ms. Jackson who deposited the check into the
Management Resource's account; correct?
A.
Yes.
MS. CHAIKEN: If you could go back up to page 1,
please, Ms. Holland.
BY MS. CHAIKEN:
Q.
That's Ms. Jackson's handwriting on the deposit slip;
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correct?
A.
Yes.
Q.
You recognize it from the time that you were with her?
A.
More or less, yes.
MS. CHAIKEN: If you could go back to the check,
please, Ms. Holland.
BY MS. CHAIKEN:
Q.
Now, when Ms. Jackson got this check from you, she didn't
ask you why can't you keep this money in your own account
until the project is further underway; right?
A.
She could have but she -- that never came up.
Q.
She didn't ask you, why are you transferring this to me
now if we don't even own the building in Montgomery, Alabama,
yet; right?
A.
Could you ask me that again now.
Q.
Well, she didn't ask you why the payment was coming now
even though you didn't even own the building yet; right?
A.
Oh. What happened -- what actually happened when we
started moving the money over to MRS was Darrell Thomas had
called me and told me to tell -- he said that the PPP people
were pulling the money back, taking money back from people.
And so we decided to move it before they took it back.
Q.
So you wanted to get it out of the Gaines Reservation &
Travel account to hide it; right?
A.
Well, move it to MRS, move it before they took it back,
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yes.
Q.
But Ms. Jackson didn't ask you, you know, why are you
moving it now, we don't even have a project yet; right?
A.
I didn't really -- like I said before when we talked
about the project, I didn't really go into detail a whole lot
about what was going to happen with that building at that
time, no. So he just told us we needed to move the money.
And we didn't want them to take it back, so we moved it.
Q.
At this time in June 8th of 2020, Ms. Jackson was not
doing any consulting for Gaines Reservation & Travel; correct?
A.
No.
Q.
And she was not doing any daily business management;
correct?
A.
I don't know.
Q.
Not that you're aware of; correct?
A.
Not that I'm aware of, yeah.
Q.
And when you handed her this check for $155,000, she
didn't say, why does it say it's for consulting fees or daily
business management, I'm not doing that, did she?
A.
I don't recall.
Q.
Now, she also didn't ask you how you got $155,000 in the
middle of a global pandemic, did she?
A.
I don't recall.
Q.
And at this point in time in June of 2020, the economy
was basically ground to a halt; right?
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A.
I don't think -- Georgia didn't shut down, though, did
we?
Q.
Businesses were closed; right?
A.
I can't recall.
Q.
I mean, that was the whole point of the Paycheck
Protection Program, right, was that businesses were losing
money and couldn't pay their employees?
A.
Yes.
Q.
And all of a sudden you showed up to Ms. Jackson with a
$155,000 check; right?
A.
Yes.
Q.
And she didn't say, where did you get all this money
from?
A.
I don't recall, no.
MS. CHAIKEN: Could you please publish J13.
BY MS. CHAIKEN:
Q.
So these are the text messages that you sent to
Ms. Jackson on June 18th of 2020; correct?
A.
Yes.
Q.
And on June 18th of 2020 you texted her three cashier's
checks she should write and cash she should take out; right?
A.
Correct.
Q.
And Ms. Jackson went and she got those cashier's check on
the very same day; correct?
A.
Yes.
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Q.
And you had told her the first check should be to USAA;
correct?
A.
I don't remember the order, but yes.
Q.
Well, the first one that you texted was USAA; correct?
A.
Yes.
Q.
And so she knew that that was money that was going to go
to USAA; correct?
A.
Yes.
Q.
Not to Montgomery, Alabama, or anything having to do with
the real estate project?
A.
No.
Q.
No, she knew it wasn't; right? She knew it was to USAA?
A.
Yes.
Q.
And the second one you told her to write was to Capital
One; correct?
A.
Yes.
Q.
Okay. And so she knew that that was a check that was
going to go to Capital One, not to any real estate project in
Alabama; correct?
A.
Correct.
Q.
Okay. And she knew that the third one was going to 365
Enterprises, LLC, which is you; right?
A.
Yes.
Q.
And then you also told her to take out $9,700 in cash;
correct?
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A.
Yes.
Q.
Was that for the driveway renovation that Ms. Jackson did
in July of 2020?
A.
I don't recall.
Q.
She did get her driveway renovated in July of 2020;
correct?
A.
Yes. Yes.
Q.
Now, there's no response from Ms. Jackson to these text
messages; correct, on June 18th? The next message is a
message from you on June 19th; correct?
A.
Right. Yeah. That's what I'm trying -- I'm trying to
understand the question, I mean, of her responding back.
Q.
Okay. So Ms. Jackson did not respond to your text
message and say, wait, hold on, I thought this was for payroll
for a project in Alabama, why are you asking me to write
checks to USAA and Capital One; right?
A.
I just asked her to write the checks and pull the money
out and that was it. She didn't respond. But I ended up
getting the checks to the places they need to be.
Q.
And she didn't ask you any questions about why, if this
money was supposedly for payroll, you -- she needed to write
checks to banks; right?
A.
No.
Q.
She didn't say, why can't you use your own money in your
own bank accounts to pay off these auto loans or whatever
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you're paying off at these banks; correct?
A.
You said she -- did she ask me that?
Q.
She did not; correct?
A.
No. No, she didn't ask.
Q.
And then on June 19th you asked her for the account
number and wiring information for Management Resource
Services; correct?
A.
Yes.
Q.
And that's because you were getting ready to do another
wire?
A.
Yeah.
Q.
You were getting ready to do a wire?
A.
Yes.
Q.
Okay. And she just asked you for which account; correct?
A.
I don't recall.
Q.
Well, if you just look down at the bottom of the
messages, she said, Ah, good morning --
A.
Okay.
Q.
-- for which account; right?
A.
Yes, I guess that's what that means, yeah.
Q.
She didn't say, what are you wiring me, you know, why are
you sending me more money; right?
A.
No.
Q.
And she didn't say, oh, well, you sent me one check and
it was for payroll, but then you had me pay off your auto
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loans, so I don't want you to send me more money; right?
A.
No.
Q.
By the time you sent her that wire, at that point she
already knew that what the money was being used for was to pay
off your auto loans; right?
A.
I don't know what she knew. I just know that she did the
checks that I needed to get done and sent me the information
to get the wires sent over.
Q.
You didn't hide from her what these checks were for;
correct? You told her that they were for USAA and Capital
one; correct?
A.
Yes.
MS. CHAIKEN: If you could go to 1125, please,
Government Exhibit 1125.
BY MS. CHAIKEN:
Q.
This is the wire transfer confirmation from Gaines
Reservation & Travel to Management Resource Services; correct?
A.
Yes.
Q.
And Mr. Andre Gaines's name is on this wire transfer;
correct?
A.
Yes.
Q.
But you went with him to the bank to do this wire
transfer; correct?
A.
No. I think he had to make an appointment. He had to
make an appointment. And he was all the way out in like
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Dallas, Georgia, somewhere and he said he could handle it.
Q.
And you went with him; correct?
A.
No, I didn't go with him when he made the actual
transfer.
Q.
You gave him the routing information and the account
information for Management Resource Services?
A.
I think I did.
Q.
You told him what the amount should be of the payment?
A.
I believe so.
Q.
And you told him what to write as the purpose of the
transfer?
A.
I don't recall that, but I know I told him to wire the
money and gave him the information.
Q.
And just so the timing is clear, at this point in time
when the wire transfer was sent, Ms. Jackson had already
purchased those cashier's checks to pay off your loans;
correct?
A.
Yeah. She wrote the checks to USAA and Capital One and
365.
Q.
And when she got this wire transfer, your testimony is
she didn't ask you, wow, where did you get another $179,000 in
the middle of a global pandemic?
A.
No. She knew it was coming from Gaines Reservation &
Travel.
Q.
Before the PPP loan Gaines Reservation & Travel had zero
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business; correct?
A.
Yes.
Q.
Nothing?
A.
Yes.
Q.
No money ever; right?
A.
Yes.
Q.
Okay. Yes, no money ever?
A.
I mean, it had just enough to keep the account open, I
guess.
Q.
Right. 100 bucks in the account?
A.
No, I think the business account you had to have at least
1,500 bucks in there.
Q.
Okay. So if we looked at the business account, would we
see what the activity was in there?
A.
I believe so.
Q.
The Chase account for Gaines Reservation & Travel?
A.
Yes.
Q.
And so Gaines Reservation had never before ever had more
than $1,500; correct?
A.
Yes. Since the account had actually opened, yes.
Q.
And so she just thought all of a sudden Gaines
Reservation & Travel, in the middle of a pandemic, came into
$335,000 that it was sending to her, that's your testimony?
A.
Money was coming from Gaines Travel & Reservation (sic),
but she didn't know how we obtained the money.
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Q.
And she never asked you how you obtained all that money?
A.
No.
Q.
Now, Agent Stites interviewed both you -- I'm sorry --
both Ms. Jackson and Andre Gaines in early July of 2020;
correct?
A.
Yeah, I'm assuming so. Yes.
Q.
Well, you know he did because they called you and told
you afterwards; correct?
A.
I think initially when they showed up, I was there.
Q.
You were at Ms. Jackson's house; correct?
A.
Yes. Yes.
Q.
And when Agent Stites called Andre Gaines, you had
several calls with him that day; correct?
A.
Yes.
Q.
So you knew that Agent Stites interviewed Andre Gaines as
well?
A.
I beg your pardon?
Q.
You knew that Agent Stites interviewed Andre Gaines;
correct?
A.
Yes. Yes.
Q.
You knew that Agent Stites gave both of them subpoenas;
correct?
A.
I don't know when he gave them -- I'm assuming he did
because they eventually came.
Q.
Well, you know that he did because you told Darrell
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Thomas that they had subpoenas; correct?
A.
I don't know about subpoenas, but I knew the FBI came.
Q.
And you knew that the FBI asked them for records;
correct?
A.
I beg your pardon?
Q.
You knew that the FBI asked Andre Gaines and Carla
Jackson for records; correct?
A.
I don't know what they asked them.
Q.
Do you remember discussing with Darrell Thomas when Andre
Gaines was getting ready to send in his subpoena response?
A.
I don't recall any of that.
Q.
Now, you asked Ms. Jackson to draft Mr. Gaines's response
for him, didn't you, Andre Gaines's response?
A.
I don't recall that.
Q.
Now, on July 27th of 2020, Agent Stites came by
Ms. Jackson's house looking for you; correct?
A.
I don't remember -- I don't recall the exact date, but he
did come by looking for me.
Q.
You remember a date that he was there looking for you?
A.
I don't recall that day he came out looking for me. He
called me and he said, You want to try to help Carla and Andre
out.
And I said, Help them out for what? They hadn't done
anything.
And then I asked him -- he was telling me, he said -- no.
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I asked him -- I didn't know if he was a -- who he said he
was. And I asked him, I said, I don't know if you're a
real -- who you say you are. I need some identification or
something. And then I think he showed up a day or so later.
Q.
So there was a day that Agent Stites came by
Ms. Jackson's house looking for you; correct?
A.
Yes.
Q.
And you were there when he came by; correct?
A.
No. The first time he came by, he came and he spoke with
her.
Q.
I'm talking about the time that he came by looking for
you.
A.
I wasn't there then.
Q.
Okay. After he came by, you texted Darrell Thomas;
right?
A.
I don't recall. I'm not saying I didn't text him, I
don't remember the date and, you know, all the other
information behind it. He came -- that's -- he came by. He
called me. And I know I spoke with Darrell because I knew
something wasn't right.
Thank you.
MS. CHAIKEN: I apologize, Your Honor. One moment.
BY MS. CHAIKEN:
Q.
You texted Darrell Thomas and you said, The FBI cracker
came by my wife's house again today; right?
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A.
Yes.
Q.
And then after that that's when Agent Stites called you;
right?
A.
I don't know if it was right after that. I don't know
when.
Q.
Say that again.
A.
I don't know if it was right after that or not.
Q.
When he called you, you talked to him for a few minutes?
A.
Yes.
Q.
And during that conversation, you didn't tell him
anything you've told this jury today; correct?
A.
I didn't tell him anything that I told the jury today?
Q.
Uh-huh. You didn't tell him anything about a real estate
project in Alabama?
A.
No. No.
Q.
Okay. When he told you he wanted to talk to you about
the Gaines Reservation & Travel loan, you said you couldn't
talk to him because you couldn't verify who he was; correct?
A.
Yes.
Q.
And he offered to meet you somewhere and show you his
credentials; right?
A.
Yeah. You got to understand at that time, too, we had a
lot of stuff going on out here in the world with, you know --
just a lot of things going on out here in the world. And I
wasn't about to meet him somewhere -- me personally meet him
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to talk with him because anything can happen and then, you
know, who's to say what.
Q.
He gave you a lot of options for verifying his
credentials; right?
A.
No, he didn't.
Q.
He told you that you could call the FBI number and give
his name and that they would verify that he was an agent?
A.
I don't recall the conversation in its entirety.
Q.
He texted you from his personal cellphone number and told
you his name so that you could verify with FBI that he was a
real agent?
A.
He did call me and text me from his cellphone, but I
forgot what they called that when they -- yeah, he did call
me.
Q.
Okay. And when he texted you his information, you
responded and you said, Wow, a real FBI guy, okay; right?
A.
Yes.
Q.
After the phone call, you sent a message to Darrell
Thomas where you said, He called my phone and talked to me. I
was short and sarcastic. Right?
A.
Yes.
Q.
And you and Agent Stites exchanged several messages;
correct?
A.
Verbal messages or text messages?
Q.
Text messages.
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A.
Yes.
Q.
And in one of those text messages Agent Stites wrote to
you, Mr. Gaines, you are connected to a significant money
trail from this and other loans involved in our investigation
to include your connection to Darrell Thomas. Your
cooperation in this investigation can benefit you, Andre and
Carla. It's up to you. This investigation is moving quickly,
so it's important that we talk soon; right?
A.
Yes.
Q.
And you copied that message and you sent it to Darrell
Thomas; right?
A.
Yes.
Q.
And then you said, This cracker is desperate, didn't you?
A.
I don't recall saying that.
Q.
If you could turn to the stapled document I gave you. At
the bottom of the first page, that was the text message that
Agent Stites sent to you that you then copied to Darrell
Thomas; correct? Correct? That's the message I just read?
A.
Yes.
Q.
And then later that day you said, This cracker is
desperate; correct?
A.
That's what the text says, yes.
Q.
And you didn't tell Agent Stites at that point the story
that you told the jury today about the real estate project in
Alabama, did you?
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A.
Was I supposed to tell him all of that over the phone
without an attorney representing me?
Q.
You didn't tell him anything that you've told the jury
today when he texted you and told you that you were connected
to a significant money trail and your cooperation could help
Andre and Carla and you; correct?
A.
No, I didn't.
Q.
Instead, you said, This cracker is desperate?
A.
That was the text I had sent to Darrell, yes.
Q.
Now, Mr. Gaines, you testified that Ms. Jackson had no
idea that you got a PPP loan for Gaines Reservation & Travel;
correct?
A.
Yes.
Q.
But Ms. Jackson did know that you were working on PPP
loans during that time period, didn't she?
A.
Yes.
Q.
In fact, you actually had Ms. Jackson fill out a PPP
application for Management Resource Services; right?
A.
Yes.
Q.
Okay.
MS. CHAIKEN: Your Honor, I'm going to move to admit
Government Exhibit 1228 and the sub exhibits to it pursuant to
Rule 902.11.
MR. MARSHALL: What's the number?
MS. CHAIKEN: 1228.
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MR. MARSHALL: Okay. No objection, Judge.
MS. WEBSTER: No objection.
THE COURT: It's admitted.
MS. CHAIKEN: Thank you.
Ms. Holland, could you please publish 1228.
BY MS. CHAIKEN:
Q.
This is an e-mail that you sent to Darrell Thomas on
April 3rd of 2020; correct?
A.
Yes.
Q.
And you said, Darrell, this my wife. Real shit. Have
this shit in order?
A.
Yes.
MS. CHAIKEN: If you could please publish 1228A.
BY MS. CHAIKEN:
Q.
What you attached was this PPP application for Management
Resource Services; correct?
A.
Yes.
Q.
And this is Ms. Jackson's handwriting on this document;
correct?
A.
Yes.
Q.
She filled this out?
A.
Yes.
MS. CHAIKEN: If you could go to page 2, please. I'm
sorry, it's the page 1220 -- I'm sorry. Government
Exhibit 1228B is page 2. Okay.
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BY MS. CHAIKEN:
Q.
This was the second page that you e-mailed to Darrell
Thomas?
A.
Yes.
Q.
And that's Ms. Jackson's signature down at the bottom;
correct?
A.
Yes.
Q.
And this was dated April 2nd, 2020?
A.
Yes.
Q.
And that's when you had her do that?
A.
Yes.
Q.
So Ms. Jackson knew as of April of 2020 that you were
working on PPP loans; correct?
A.
Yes.
MS. CHAIKEN: Can I have one moment, Your Honor?
THE COURT: Yes.
MS. CHAIKEN: Nothing further.
Thank you, Mr. Gaines.
MS. WEBSTER: I have no questions for this witness.
THE COURT: Mr. Marshall, any redirect?
MR. MARSHALL: Yes, Judge.
THE COURT: Go ahead.
MR. MARSHALL: Can you please pull up Government's
Exhibit 1228 again, please. Or 1221. 1228, I apologize, the
e-mail.
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Ms. Holland, yes, please, do you mind? Thank you.
1228.
REDIRECT EXAMINATION
BY MR. MARSHALL:
Q.
So these questions about this PPP loan application,
again, this is -- the government's brought this in about a PPP
loan application form, it looks like it was filled out for --
by Management Resource Services; correct?
A.
Yes.
Q.
This e-mail from -- do you go by Marty? Is that you?
A.
Yes.
Q.
So this is April 3rd. These communications -- these
communications with you and Darrell, this is just you and
Darrell. You never include your wife on any of these
communications with Darrell Thomas; right?
A.
No.
Q.
None of this. So this is stuff that you hide from her;
right?
A.
Yes.
Q.
So when you finally -- you write this e-mail and it said,
Darrell, this is my wife. Real shit. Have this shit in
order. Is this something -- a PPP loan application that's
going to be created fraudulently for Management Resource
Services or is this a real legit PPP loan application you're
planning?
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A.
Legit.
Q.
Is that why you tell Darrell, look, this is real shit,
have this in order; right?
A.
Yes.
Q.
So this was -- was this something where Darrell Thomas or
you were going to create employees, fake employees, a number
of employees for Management Resource Services?
A.
No.
Q.
So if you ever had a conversation with Ms. Jackson about
a PPP loan, were you only -- did you only talk about it in
legitimate lawful manners?
A.
Yes.
Q.
Did Ms. Jackson ever fill out a form that had some fake
number of employees on anything?
A.
No.
Q.
Did she ever have any kind of document where there were
some misrepresentations on any document related to a PPP loan
application?
A.
No.
Q.
Did Ms. Jackson to your knowledge ever submit any PPP
loan application at all?
A.
No.
Q.
Okay. Do you recall any discussions that you had with
her about this application form?
A.
No.
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Q.
No?
A.
I don't recall.
Q.
All right. Let me ask you, how many years were you
married to Ms. Jackson?
A.
18.
Q.
18.
How many years before had you known her?
A.
15, 16, 17, somewhere in there.
Q.
And Ms. Chaiken had asked you questions about your
ex-wife's a professional businesswoman; right?
A.
Yes.
Q.
On the up-and-up, she had really good jobs, project
manager?
A.
Yes.
Q.
Senior positions?
A.
Yes.
Q.
If Carla Jackson had known you were involved in this type
of real shit or whatever that document says, what would she
have done?
MS. CHAIKEN: Objection, calls for speculation.
MR. MARSHALL: Well, Judge, he's known her his whole
life. He probably would know from experience probably how his
wife would react if she knew that he was involved in
fraudulent applications.
THE COURT: Sustained.
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BY MR. MARSHALL:
Q.
Mr. Gaines, you were shown several documents by the
government about fake documents being created. Do you
remember that?
A.
Yes.
Q.
I don't know if you have copies up there on all those
things, but let me show you the one that was referenced for
Cabela's CLUB.
A.
Yes.
Q.
Do you have that document up there?
A.
Yeah, it's up there.
Q.
Take a look at it.
It's a three-page document that you were shown?
A.
Yes.
Q.
Do you have that in your hand now?
A.
Yes.
Q.
What's the date of that e-mail? What year? Front page.
A.
September 3rd, 2017.
Q.
And this is from who? It's from you?
A.
Yes.
Q.
To who?
A.
Marie L.
Q.
Is Carla Jackson copied on this e-mail?
A.
No.
Q.
Did you ever tell Carla Jackson about anything related to
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this fake document?
A.
No.
Q.
Let's go to the one that says changing the address on a
driver's license and expiration date. See if you can find
that document up there.
Well, let's make this quicker. All of the documents that
you were shown by Ms. Chaiken related to these fake documents
and these communications with Marie, everything that you were
shown, was Ms. Jackson copied on any of this stuff?
A.
No.
Q.
Did you tell her anything about these activities that you
were involved in?
A.
No.
Q.
Were these more secrets that you kept from Ms. Jackson?
A.
Yes. The whole thing with the documents is the first
attorney, I only had -- I only met with him one time and he
didn't ask me to provide anything.
Q.
Let me just go ahead and keep asking you a couple
questions again, okay?
MR. MARSHALL: Can you please pull up 1228A. I'm
going to go back a little bit to that PPP loan application.
Thank you.
Could you go to 1228B. Sorry.
BY MR. MARSHALL:
Q.
Do you see this form you looked at earlier? This is
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Government's Exhibit 1228B.
A.
Yes.
Q.
Again, do you recognize that signature down there?
A.
Yes.
Q.
Is that Ms. Jackson's?
A.
Yes.
Q.
Are those her initials along the left-hand side?
A.
Yes.
Q.
Was this loan application ever submitted, ever?
A.
No.
Q.
Okay. Ms. Chaiken asked you a question about, if I'm
paraphrasing it right, is it unusual for -- unusual for a
professional businesswoman with her background to get money
before a project is even, I guess, in place. I think that's
essentially what she asked.
A.
Yes.
Q.
Do you remember something like that?
A.
Yeah, something along those lines.
Q.
Do you recall that businesspeople do that actually
oftentimes with projects?
A.
I believe so.
Q.
Well, have you ever had to hire -- well, you had
an attorney. Do you know that people hire attorneys and pay
them upfront?
A.
Retainer fees.
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Q.
Right. And that's before they've done any work; right?
A.
Yes.
Q.
So there are types of business entities where people pay
money upfront before the work is all completed; right?
A.
Yes.
Q.
And it may be pursuant to a contract or some type of
agreement that's written up; right?
A.
Yes.
Q.
Let's go back to some of the initial questions that
Ms. Chaiken had for you on -- whether you're being truthful
today and statements you made during your -- I guess your plea
hearing and the factual background.
Do you remember those initial questions?
A.
No, I don't.
Q.
Do you remember the questions Ms. Chaiken was asking you
about the answers and responses you gave during your change
of plea hearing about a week or so ago --
A.
Yes.
Q.
-- two weeks ago? Okay. All right.
On the questions related to payroll, when I was asking
you questions about payroll, was I asking you questions about
payroll related to Management Resource Services or was it
whether Gaines & Travel (sic) had payroll all established? Do
you recall?
A.
I think it was MRS you was asking me about.
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Q.
Okay. All right. Was the plan to have Management
Resource Services set up this program for this project in
Alabama and have payroll administered through Management
Resource Services?
A.
Yes.
Q.
So in that respect you weren't being untruthful about
anything related to your plea hearing, were you?
A.
No. Just some of the stuff, I just didn't understand
what she was asking me at the time.
Q.
Okay. Okay. All right.
I want to ask you, follow up with you a little bit. The
prosecutor asked you some questions about Andre and about
whether Ms. Jackson knew him. And you said vaguely. Flesh
that out a little bit for the jury.
She met him. Am I correct to say that -- in thinking
that they really didn't hang around or know -- and, you know,
stuff like that?
A.
No. He stayed in Dallas, Georgia. And if he came out my
way, we were in Tucker, that's a nice haul. He would usually
be riding with me. He would come by the house in Marietta,
we'd get together, go get something to eat, then hang out a
little bit.
Q.
Okay. Mr. Gaines, I'm going to see if I can refresh your
recollection. There were some questions asked of you about
whether you knew where this property was in Alabama and so
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forth. Do you remember that?
A.
Yes.
Q.
I pulled up something on Zillow, and I want to see if
this happens to refresh your recollection a little bit.
A.
Yes.
Q.
Does this property on Zillow refresh your recollection
of maybe where the location of this particular building was?
A.
Yes.
Q.
And what is that address?
A.
2306 State (sic) Charles Street -- State (sic) Charles
Avenue.
Q.
Is that St. Charles, S-T?
A.
Yes. Yes. Montgomery, Alabama.
Q.
Does this refresh your recollection maybe in the area
where this particular building was?
A.
Yes.
Q.
Was this the location where you said you saw a call this
number placard on the window?
A.
Yes.
Q.
Let me understand. So the prosecutor asked you some
questions about why Ms. Jackson would -- you know, I guess why
wouldn't Gaines & Travel keep this money and why have it come
over to Management Resource Services. Do you know why you did
it that way? What did you testify to earlier?
A.
No. Like I said, Darrell had called me and told me to
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let my cousin know, Andre, that they were taking the money
back.
Q.
Okay. So --
A.
Reversing the wire. So we decided -- I decided that we
need to -- we both decided we need to move it.
Q.
Any of that conversation, did you tell that to Carla
Jackson? Did she know any of that?
A.
No.
Q.
So what was -- what did you tell Ms. Jackson, what was
her understanding of why she was getting this money, these two
big deposits in her account, where they came from? Did she
know where the -- I mean, like, if it wasn't a PPP loan, where
was the money coming from?
A.
No. She didn't ask and I didn't tell.
Q.
Do you know anything more about Darrell Thomas's
background, like what jobs he's had in the past?
A.
No.
Q.
Had he ever worked in banking?
A.
Yeah. He told me he did something with hedge funds or
something like that supposedly. That's what I was told.
Q.
Do you know if Darrell Thomas had ever suggested that,
like, some kind of financing, that he had secured financing in
some way for this project?
A.
I can't recall.
Q.
So you don't really remember what you told Carla Jackson
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about where the -- where are you getting this money?
A.
I didn't say anything about where I was getting the money
from. I just asked her can we move it. And she said yeah.
And that was it.
Q.
Well, I just asked you a question, did she know that
Darrell Thomas and you were trying to move money. You said
no.
A.
Right.
Q.
Okay. So did she know or not know?
A.
No. No. She didn't know the money was coming from a PPP
loan, no.
Q.
Did you tell her that Darrell Thomas was telling you to
move money and things like this?
A.
No.
Q.
I think the prosecutor asked you a question or two about
your interview when Agent Stites, I guess, called you. Was it
a phone call with him or did he come to visit you in person,
do you recall?
A.
He talked to me on the phone. He went by the house, but
I wasn't there.
Q.
Right. I think there was something, you didn't tell
Agent Stites that you were connected to this real estate
project. Was that the question that was asked of you?
A.
Yes.
Q.
Well, you had a very short conversation with Agent
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Stites; right? It wasn't very long.
A.
Yes.
Q.
Right? Was that -- did he ask a question about that?
A.
No.
Q.
Did you have any other follow-up meetings or interviews
with Agent Stites?
A.
Other than text messages, no.
Q.
Did he ever try to reach out to your attorney to talk to
you about any information related to the -- to this real
estate project?
A.
Not that I recall. No, not that I recall.
Q.
Okay.
MR. MARSHALL: Just one minute, Your Honor.
Nothing further, Judge. Thank you.
RECROSS-EXAMINATION
BY MS. CHAIKEN:
Q.
Mr. Gaines, do you remember Mr. Marshall just showed you
a computer with an address on St. Charles Avenue?
A.
Yes.
Q.
And he had said that that was a Zillow page, but it
wasn't a Zillow page; right? It was a Google page?
A.
Yeah. Yeah.
Q.
So it wasn't like a Zillow real estate listing of that
property being for sale; correct?
A.
I have no idea.
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Q.
Just a picture of a building that he pulled up on Google?
A.
No. No. No. The picture he just showed me, I don't
know where he got it from that he just pulled up, but the
picture that you showed me earlier, that's the actual property
where I had gone to look at the property, real estate.
Q.
The pictures that were admitted into evidence that we
looked at on the screen?
A.
Right.
Q.
I just want to be clear about what happened at your plea
hearing, Mr. Gaines. Do you still have that plea transcript
in front of you?
A.
Yes.
Q.
If you could turn to page 17, please.
A.
Yes.
Q.
The statements that I made were specific to the wire
transfer from Gaines Reservation & Travel to Management
Resource Services; correct?
A.
Am I supposed to be finding this on this page 17
somewhere?
Q.
Yes. At the bottom of page 17 I said: 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; correct?
A.
Yes.
Q.
And then I said: The purpose of the transfer was listed
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as payroll services; right?
A.
Yes.
Q.
And then I said: In reality, however, Gaines Reservation
had no payroll and the purpose of the transfer was not payroll
services; correct?
A.
Yes.
Q.
Okay. And you agreed to that; correct?
A.
During the plea hearing?
Q.
Yes.
A.
Yes. Yes.
MS. CHAIKEN: Your Honor, I would move to admit
Government Exhibits 1220, 1225 and 1227, and the sub exhibits
to those pursuant to Rule 902.11.
MR. MARSHALL: Judge, I'd object. They're not
relevant still. That's my objection.
THE COURT: All right. Can you pass those up or are
these on the disk or the jump drive?
MS. CHAIKEN: Should be on the jump drive.
THE COURT: 1220, 1225 and 1227?
MS. CHAIKEN: Yes, Your Honor.
THE COURT: But not the sub exhibits to those?
MS. CHAIKEN: With the sub exhibits, Your Honor.
THE COURT: Ms. Chaiken, what's your response to the
relevance objection?
MS. CHAIKEN: Your Honor, this is in response to the
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line of questioning about whether the PPP application from
Management Resource Services was intended to be a real
application. These applications for other businesses show
that they all follow the exact same pattern where the business
information was filled out, no employee and payroll
information, and then were being submitted to Darrell Thomas,
who is the same person who processed the fraudulent Gaines
Reservation & Travel application.
THE COURT: Mr. Marshall, anything else?
MR. MARSHALL: No, Your Honor.
THE COURT: Overruled. They're admitted.
MS. CHAIKEN: Thank you.
BY MS. CHAIKEN:
Q.
Mr. Gaines, you sent PPP applications for various
businesses to Darrell Thomas; correct?
A.
Yes.
Q.
And those were for businesses that did not have any
employees; correct?
A.
Yes.
Q.
And you wanted Darrell Thomas to create fraudulent PPP
applications for those businesses, just like he was doing with
Gaines Reservation & Travel; correct?
A.
Yes.
Q.
And you knew that that's what Darrell Thomas was doing
during this time period; correct?
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A.
Yes. I figured it out, yes.
Q.
You figured out that he was preparing fraudulent loan
applications; correct?
A.
Yes.
MS. CHAIKEN: If you could go to 1227, please.
BY MS. CHAIKEN:
Q.
This was an e-mail that you sent to Darrell Thomas on
May 26th of 2020; correct?
A.
Yes.
Q.
And it was for a company called Main Street Events?
A.
Yes.
Q.
And you had the name Marvin Hollman associated with it,
but then you said here's my other company; correct?
A.
Yes.
Q.
And Marvin Hollman is another alias that you use; right?
A.
No. No.
Q.
It's a name you've had Marie create documents for before;
correct?
A.
Yeah. There is a Marvin Hollman.
MS. CHAIKEN: And if you could go to 1227A, please.
BY MS. CHAIKEN:
Q.
This was the attachment; correct?
A.
Yes.
Q.
So you sent Darrell Thomas a PPP application for Main
Street Events?
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A.
Yes.
Q.
And it left the average monthly payroll, the number of
employees blank?
A.
Yes.
MS. CHAIKEN: If you could publish 1225, please.
BY MS. CHAIKEN:
Q.
This is a PPP application that you sent to Darrell Thomas
for a business called DUI School; correct?
A.
Yes.
MS. CHAIKEN: And if you could go to 1225A, please.
BY MS. CHAIKEN:
Q.
This was the attachment; correct?
A.
Yes.
Q.
You sent him a PPP application for Driving Under
Intelligence, DUI?
A.
Yes. Yes.
Q.
And, again, the average monthly payroll and the number of
employees was blank?
A.
Yes.
MS. CHAIKEN: And if you could go to 1220, please.
BY MS. CHAIKEN:
Q.
This was for 365 Enterprises, the business we've talked
about; correct?
A.
Yes.
MS. CHAIKEN: And if you could go to 1220A, please.
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If you could go to 1220B, please.
BY MS. CHAIKEN:
Q.
This was the PPP application; correct?
A.
Yes.
Q.
And the PPP application you sent him was blank for
average monthly payroll and number of employees?
A.
Yes.
MS. CHAIKEN: If we could go back to 1228A, please.
BY MS. CHAIKEN:
Q.
This was the PPP application for Management Resource
Services; correct?
A.
Yes.
Q.
And, again, the average monthly payroll and the number of
employees was blank?
A.
Yes.
Q.
And that was the same thing that you had been sending to
Darrell Thomas for other businesses; correct?
A.
Yes.
Q.
And you knew that Management Resource Services didn't
have any employees; correct?
A.
Yes.
Q.
And I think Mr. Marshall asked you if you cc'd Carla
Jackson on your e-mail to Darrell Thomas. Do you remember
that?
A.
Yes.
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Q.
But you didn't conceal from Carla Jackson that there was
a PPP borrower application form for Management Resource
Services because she herself filled this out; correct?
A.
Yes.
MS. CHAIKEN: Nothing further. Thank you.
MR. MARSHALL: Ms. Chaiken, can I see the transcript
you were looking at, page 17, please. Thank you.
FURTHER REDIRECT EXAMINATION
BY MR. MARSHALL:
Q.
Mr. Gaines, if you can review page 17 and 18 on your plea
transcript. Do you still have that up there in front of you?
A.
Yes.
Q.
Is it highlighted for you as well?
A.
No, it's not.
Q.
It's not? Okay.
So the bottom paragraph, starting on line 22. Read that
paragraph and go into the next page and go through page 7
on -- excuse me, line 7 on page 18.
A.
It says, For example, on June 22nd, 2020, Defendant
Gaines caused a wire transfer to be sent from Gaines
Reservation to a company called Management Resource in the
amount of $179,985.72. The purpose of the transfer was listed
as 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
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location, nature and source of the fraudulent obtained PPP
loan proceeds by making them appear to be spent on payroll,
while sending them to an account controlled by Mr. Gaines's
ex-wife, Carla Jackson.
Q.
Now, again, this is you and Darrell Thomas at the center
of this; is that correct?
A.
Yes.
Q.
Right?
So all of the -- the statement in your plea transcript in
here, that's a true statement that you made there, right, in
your plea proceeding?
A.
Yes.
Q.
Or the factual basis that's laid down there for you;
correct?
A.
Yes.
Q.
So none of this -- none of this addresses Carla Jackson
knowing anything about the nature of the funds that are coming
into Management Resource Services and payroll and their
purposes for payroll; right?
A.
Yes.
Q.
Is this separate, a whole separate thing?
A.
Yes.
Q.
Okay. All right.
On that PPP loan application for Management Resource
Services that was shown, that exhibit, was there a point in
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time when Ms. Jackson asked you not to submit that
application?
A.
I don't recall.
Q.
Okay. All right.
MR. MARSHALL: That's all I have. Thank you, Judge.
Thank you, Mr. Gaines.
THE COURT: Anything else, Ms. Chaiken? Or anything,
Ms. Webster?
MS. CHAIKEN: No, Your Honor.
MS. WEBSTER: No, Your Honor.
THE COURT: All right.
Sir, you can step down. Thank you.
(Witness excused.)
THE COURT: Ladies and gentlemen of the jury, I need
to discuss a couple things with counsel and so I think this is
a good time for you to take a comfort break. I'm going to
discuss some things with counsel and then give counsel and
staff a break as well, so this could be a -- instead of a
ten-minute-er it might be more like a 20-minute-er or so,
okay? Thank you.
(The jury exited the courtroom at 4:01 p.m.)
THE COURT: Y'all can be seated.
MS. WILEY: Excuse me, Your Honor. May I be excused?
THE COURT: You may, Ms. Wiley. Thank you. And we
all hope that you feel better.
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MS. WILEY: Thank you.
THE COURT: All right. Take care.
Mr. Marshall, do you have any more witnesses?
MR. MARSHALL: No more witnesses, Judge.
THE COURT: Do I take it from that that Ms. Jackson
has decided not to testify after consultation with you about
that decision?
MR. MARSHALL: That's correct.
THE COURT: Ms. Jackson, I want to ask you some of
the same questions I asked Mr. Foster earlier. I know that
you've already communicated with your counsel about that
issue, but I just want to make it clear for the record.
First off, you understand that you have a Fifth
Amendment right against self-incrimination; correct?
DEFENDANT JACKSON: Yes.
THE COURT: And you understand that here when you're
on trial, you either get to testify if you want to or you get
to not testify if you want to? Do you understand that?
DEFENDANT FOSTER: Yes.
THE COURT: And do you understand that that's your
decision?
DEFENDANT FOSTER: Yes.
THE COURT: And do you understand that if you choose
not to testify, I will give an instruction that the jury may
not consider the fact that you haven't testified in their
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deliberations? Do you understand that?
DEFENDANT FOSTER: Yes.
THE COURT: And you've discussed this decision with
your attorney. Do I understand that correctly?
DEFENDANT FOSTER: Yes. Yes.
THE COURT: And is it your decision, having discussed
that with him and having understood your rights, that you've
decided not to testify?
DEFENDANT FOSTER: Yes.
THE COURT: All right. Thank you very much.
All right. What we'll do is we'll go back on the
record and I'll let you rest, Mr. Marshall.
But let me ask the government if they anticipate
whether or not there will be any rebuttal case?
MS. CHAIKEN: A very brief one, Your Honor. Like
five minutes, less than five minutes.
THE COURT: Will that be on the subject of the
government's motion to admit evidence of the co-defendants'
guilty pleas or will it be on something else?
MS. CHAIKEN: No. Your Honor, after considering the
totality of Mr. Foster's case, we're not proceeding on the
grounds we articulated in our motion.
However, one of the areas that we do intend to get
into on rebuttal is just to establish that Gena Pyfrom-Foster
is one of the individuals who was charged, not pleaded guilty
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but charged, because we do believe that a misimpression may
have been created with the jury that she has escaped any
culpability for her conduct by virtue of questions as to the
number of people charged, then going through some, but not
all, of who those people were, and then presenting a
significant amount of evidence in the defense case about Gena
Pyfrom-Foster and her involvement. So we just want to clear
that up on rebuttal.
THE COURT: All right. Very well.
MR. MARSHALL: Judge?
THE COURT: Yes.
MR. MARSHALL: Just -- as far as timing, I guess when
we formally rest our case, I'm going to renew our Rule 29
motion again.
THE COURT: I understand. I'll ask, I guess,
after -- you can renew it then or you can renew it after the
government gives its rebuttal case.
MR. MARSHALL: That's fine, Judge.
THE COURT: All right. Let's all go ahead and take
our own comfort break, then we'll come back and I'll let
Mr. Marshall formally rest. And then we'll hear the
government's rebuttal case, all right?
MS. CHAIKEN: Thank you.
(After a recess AT 4:06 p.m., the proceedings
continued at 4:21 p.m. as follows:)
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THE COURT: Are we ready to bring out the jury? I'm
going to assume yes.
Let's bring out the jury, please.
(The jury entered the courtroom at 4:23 p.m.)
THE COURT: Y'all can be seated.
Mr. Marshall?
MR. MARSHALL: Your Honor, the defense rests.
THE COURT: All right. Thank you, Mr. Marshall.
Ms. Chaiken, anything in rebuttal?
MS. CHAIKEN: Very briefly, Your Honor.
The United States calls Special Agent Stites to the
stand.
THE COURT: Very well.
He's been previously sworn, so I think we're okay.
_____________________________
JOSEPH STITES
a witness herein, was further examined
and testified as follows:
______________________________
FURTHER REDIRECT EXAMINATION
BY MS. CHAIKEN:
Q.
Agent Stites, I promise this will be shorter testimony
for you today.
Do you recall being asked questions about how many people
were charged in connection with your investigation?
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A.
Yes.
Q.
Do you recall Ms. Webster identifying who some of those
people were?
A.
Yes.
Q.
Were the people that she listed all of the people that
have been charged in connection with this case?
A.
No.
Q.
Tell me whether Gena Pyfrom-Foster has been charged with
PPP fraud in connection with this investigation.
A.
Yes, she has.
MS. CHAIKEN: Nothing further, Your Honor.
THE COURT: Any cross?
MS. WEBSTER: Yes.
FURTHER RECROSS-EXAMINATION
BY MS. WEBSTER:
Q.
Agent Stites, do you know when she was charged?
A.
I don't recall the date, but I can look at the criminal
information to see what the date was, if you have that.
Q.
Was it in 2023?
A.
I believe so.
MS. WEBSTER: Thank you.
MR. MARSHALL: No questions, Your Honor.
MS. CHAIKEN: Nothing further, Your Honor.
THE COURT: Sir, you can step down.
(Witness excused.)
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MS. CHAIKEN: That concludes our rebuttal case, Your
Honor.
THE COURT: All right. Ms. Webster, Mr. Marshall,
any rebuttal to the rebuttal?
MS. WEBSTER: No rebuttal, Your Honor, but we have
motions.
MR. MARSHALL: No rebuttal, Judge. We have motions
too.
THE COURT: All right. Ladies and gentlemen of the
jury, the evidence in this case is now closed. You'll receive
instructions from me in the morning. And you will also hear
closings from the attorneys in the morning as well.
I'm going to go ahead and release you for the night.
You're reminded of your instructions for breaks, most
importantly, not to talk to anyone about this case, including
yourselves, until deliberations begin. And although the
evidence is closed, deliberations don't yet start. I'll be
very clear to you when I tell you to go start your
deliberations. So at this point do not speak to anyone,
including yourselves, about this case. And, of course, don't
do any research about this case in any way.
I hope you have a wonderful early evening. And we
will see you tomorrow at 9:00. Thank you.
(The jury exited the courtroom at 4:26 p.m.)
THE COURT: Y'all can be seated.
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Ms. Webster, Mr. Marshall, you've noted you had some
renewed motions. Do you want to state those for the record?
MS. WEBSTER: Yes, Your Honor.
We renew our motion under Rule 29 for judgment of
acquittal on all counts against Mr. Foster on the same basis
as we articulated yesterday.
I'm sorry, one second.
(Pause in proceedings.)
MS. WEBSTER: We don't believe the government has
shown that he has any -- has proven -- has met its burden to
establish that he was acting with the requisite mens rea, that
there was no intent, specifically as to the money laundering
count, that -- and there was no evidence that he actually
accessed the funds.
I think we proved during our defense case that the
funds that were the subject of Count 59 were withdrawn
during -- were withdrawn by someone with access to the account
and that Ms. Pyfrom-Foster was the only person with access to
that account.
And then as to the remaining counts, again, the
government has not called anyone who will identify Mr. Foster
as the actual participant in the case. I think that's the
basis for the renewed Rule 29 motion, Your Honor.
THE COURT: Thank you.
Mr. Marshall?
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MR. MARSHALL: Judge, we'd renew our Rule 29 motion
on the same bases yesterday generally for both counts. Even
with the testimony of Mr. John Gaines, I don't think it
changes any of the arguments I said yesterday; no direct
evidence that my client had knowledge of the source, the
illegal source of the funds, or that the purpose was to
conceal the funds as part of the financial transaction.
The government's case is built primarily on
circumstantial evidence and we just don't think it's met the
standard for proof beyond a reasonable doubt.
I did want to address one more just minor argument
related to that -- not to the constructive amendment argument,
this is more just sufficiency of the evidence on the elements,
Judge.
On Count 46 -- and this may be a little bit premature
for my Rule 29 on this issue, but on Rule 29, the elements of
the offense that we have in the proposed jury instruction --
and I know we're not there yet, but the third element of that,
and this is request number 26, says -- and this has to be
proven beyond a reasonable doubt -- money or property did come
from a specified unlawful activity, specifically wire fraud.
So the jury is going to be instructed and they will
get a definition of what wire fraud is. And if this comes in
as is, as this instruction, that transaction was not wire
fraud. It was different. So I think this element that the
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jury is going to be instructed on, I mean, I would argue in
closing that they would have to find him not guilty because --
on Count 46 because it was not wire fraud.
So I'd just make that now preliminarily as a Rule 29
motion for acquittal and additional bases just on that
argument, too, Judge.
THE COURT: All right. Thank you.
Ms. Chaiken, what's your response to both motions?
MS. CHAIKEN: Your Honor, on the last point raised by
Mr. Marshall, that's a misstatement of the law and I think a
misunderstanding of what the elements are. The third element,
which refers to the money being derived from a specified
unlawful activity, specifically wire fraud, is a reference
to where the money came from that was the source of the
transaction, which in this case is the PPP loan fraud, which
has been proven to be a wire fraud.
The third element has nothing to do with whether the
financial transaction involves a wire transfer or a check or
anything else. It's a reference to the fact that the source
of the money has to be wire fraud, just as it could be a bank
fraud or it could be some other specified unlawful activity.
And so not only do we think it's not grounds for a
Rule 29, but we also think it would be inappropriate argument
to the jury because it misstates what the law is and what the
elements are.
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As far as the remaining arguments, Your Honor, we
would rest on what we argued yesterday. We believe our case
has gotten stronger after the defense cases than it was
yesterday.
THE COURT: All right. Thank you.
I'm going to deny the motions at this juncture as
well. I believe that the evidence viewed in the light most
favorable to the government was sufficient -- or is sufficient
for a rational trier of fact to find guilt beyond a reasonable
doubt as to both defendants on the charges.
All right. Let's go ahead and have a discussion of
the jury instructions.
I have in front of me Document 840, the parties'
consolidated jury instructions.
Before we begin, are there any of these that we
think, now that we know what's come in and hasn't come in,
don't apply at this point? I think there may be some.
MS. CHAIKEN: Can we have a moment to look through
them, Your Honor?
THE COURT: Sure.
MS. WEBSTER: Your Honor, we will withdraw our
request for number 11, the identification instruction. So
that can be resolved. And I do think a couple of other ones
no longer apply.
THE COURT: And on number 11, that was just requested
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by Mr. Foster, not by Ms. Jackson.
Is that correct, Mr. Marshall?
MR. MARSHALL: That's correct.
THE COURT: Okay. So we will -- we're off the record
for one moment.
(Off-the-record discussion.)
THE COURT: So we'll strike number 11. It's
withdrawn.
MS. CHAIKEN: So, Your Honor, I think 6A will no
longer be in because neither defendant testified.
THE COURT: Does everyone agree, 6 is out?
MS. CHAIKEN: 6A.
THE COURT: 6A?
MR. MARSHALL: Yes.
MS. WEBSTER: 6A is out, yes.
THE COURT: Okay.
MS. CHAIKEN: I think with 12, 12C and D are out
because no defendant testified.
THE COURT: Does everyone agree?
MS. WEBSTER: Yes.
THE COURT: Hold on one second.
MR. MARSHALL: 12B, Judge?
THE COURT: 12C and D.
MR. MARSHALL: Yeah, C. C and D are out, yes.
THE COURT: Okay. We all agree on that. One moment.
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I'm sorry.
Go ahead, Ms. Chaiken.
MS. CHAIKEN: So I think 12B is out because nobody
was impeached by a felony conviction. So that would leave us
with 12A.
THE COURT: Everyone agree, 12B is out?
MR. MARSHALL: Yes.
MS. WEBSTER: That's fine, Your Honor.
THE COURT: Okay. Go ahead, Ms. Chaiken.
MS. CHAIKEN: Your Honor, we think number 13 is --
should be out because I don't think there was any witness who
was impeached by reputation or opinion about truthfulness.
MS. WEBSTER: We agree.
MR. MARSHALL: Agree.
THE COURT: All right. 13 is out.
MS. CHAIKEN: Your Honor, I think 14 should be out as
well because I don't believe character evidence was presented
as to any defendant.
MS. WEBSTER: We agree.
MR. MARSHALL: Agree.
THE COURT: All right. 14 is out as well.
MS. CHAIKEN: So 15 is -- I think we need to look at
15 because 15 is when a co-defendant with a plea agreement
testifies. And here Mr. Gaines testified, but the instruction
refers to the government making a plea agreement with a
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co-defendant in exchange for his or her testimony.
So I haven't fully read through it, but I think we
should put a pin in that as something that may need to be
removed.
THE COURT: Come back to 15 and discuss that.
MS. CHAIKEN: I think 16 should be out because no
404(b) evidence was admitted.
THE COURT: Everyone agree, we should delete 16?
MS. WEBSTER: Agreed.
MR. MARSHALL: Yes. Agreed.
THE COURT: All right. And so here's what I have for
discussion. I think there was -- we need to discuss
number 10, number 15, 26, 32. And then there was a
supplemental request to charge by Foster.
Has the government now received that, Ms. Webster.
MS. WEBSTER: Yes. I believe it was e-mailed to all
parties.
THE COURT: Okay. We need to discuss all those --
yes.
MS. WEBSTER: I'm sorry. To be clear, we filed one
under seal yesterday that we have not distributed, but we are
doing right now. And then there was one that we just filed
within the past half an hour that was sent to all the parties.
THE COURT: Okay. Well, I haven't even seen that one
yet. I saw the one from last night, but I now see that my
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inbox includes an e-mail from 4:37. It's 4:38.
MS. WEBSTER: Yes. Yes.
THE COURT: We'll look at that, too.
MS. WEBSTER: Were you done listing the other ones we
need to address?
THE COURT: I think that covers the ones that someone
had lodged an objection on.
MS. WEBSTER: I think that we have an objection to
30, maybe.
THE COURT: Oh, I forgot to list 30. Yes. I have
that tabbed as well. Sorry.
So two supplemental requests, 32, 30, 26, 10 and 15;
right?
MS. WEBSTER: That's correct, Your Honor.
MS. CHAIKEN: Yes, Your Honor.
THE COURT: All right. Why don't we just take those
in order.
Number 10 is confession or statement of multiple
defendants. The issue here is, I believe, that the
instruction references, After being arrested or detained, you
must consider that evidence with caution and great care.
I understand the government's concern that this is
about when somebody is -- makes a statement after being
arrested or detained. And, obviously, that's not what
happened here.
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I know, as you state, Ms. Webster, that Mr. Foster
did make a statement but it wasn't after arrested or detained.
Here's a potential solution. We could just say --
and I'm just editing out a little bit of this. We could say,
If the government offers evidence that a defendant made a
statement or admission to someone, you must decide for
yourself, and then just read the rest of the instruction.
Is that agreeable to everyone?
MS. CHAIKEN: That's agreeable to us, Your Honor.
MS. WEBSTER: Yes, Your Honor.
MR. MARSHALL: Yes, Your Honor.
THE COURT: Okay. We'll do that.
Did you get that, Ms. Mueller?
MS. MUELLER: Yes. So everything after "someone"
comes out?
THE COURT: Yeah. So you say, Or admission to
someone, you must decide for yourself. And then we have the
rest of it. Okay.
Moving to 15, give me one moment to look back at
that.
Ms. Chaiken, do you take issue with number 15?
MS. CHAIKEN: Your Honor, I don't think it applies
given the circumstances of the testimony in this case because
it suggests that a witness with a plea agreement may have
testified in the hopes of gaining more favorable treatment.
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And that -- Mr. Gaines is the only witness or only
co-defendant with a plea agreement and he testified on behalf
of the defense.
So this was obviously put in there with the
expectation that there may be co-defendants with plea
agreements who testify for the government. I don't think it
applies anymore.
THE COURT: Ms. Webster or Mr. Marshall?
MS. WEBSTER: I don't have strong feelings about
this, so I'll defer to whatever Mr. Marshall says.
MR. MARSHALL: Well, I'd like to change the wording
entirely around. You know, if you have someone that's coming
in without a plea agreement, that --
THE COURT: I'm sorry. You lost me there. You want
to what?
MR. MARSHALL: Well, I'd love to tailor this towards
somebody that comes in in the situation that my client did --
that Mr. John Gaines came in to testify. But I don't really
have an objection to removing this, Judge. It doesn't apply
to the facts of this case.
THE COURT: All right. So just so the record's
clear, everyone is amenable to deleting number 15.
Correct, Ms. Chaiken?
MS. CHAIKEN: Yes, Your Honor.
THE COURT: Correct, Ms. Webster?
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MS. WEBSTER: Yes, Your Honor.
THE COURT: Correct, Mr. Marshall?
MR. MARSHALL: Yes.
THE COURT: All right. Let's move to on 26. And,
again, give me one moment.
I guess are there two issues here? One is the
original issue, which is the added language in the paragraph
to prove the element of concealment on page 44. And then
there's the additional issue that Mr. Marshall raised. Is
that the universe of what we need to discuss as to 26?
MS. CHAIKEN: Yes, Your Honor.
THE COURT: Okay. Let's take those in order then.
And, again, one moment.
All right. Ms. Webster, you wanted to add this
language to the pattern, I believe. So I'll hear from you
first.
MS. WEBSTER: Yes, Your Honor.
The language comes from the Supreme Court's decision
in Cuellar, and the Eleventh Circuit's decision in Johnson.
And it is necessary to define the element of concealment,
which is an essential element of this concealment money
laundering offense.
And so the instruction currently does not define what
it means to conceal or disguise or that the purpose has to be
to conceal and not -- that the purpose has to be to conceal,
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not merely the effect. And so this language, which I don't
think there's any dispute is an actual and correct statement
of the law, I think it's necessary for the jury to fully
understand what it must find in order to convict the defendant
under -- of concealment money laundering.
THE COURT: All right. Thank you.
Mr. Marshall, anything from you on this before I hear
from the government?
MR. MARSHALL: No. Judge, we support Foster's
request for that additional language.
THE COURT: Ms. Chaiken?
MS. CHAIKEN: Your Honor, there's a lot of language
in various case law about what different statutes and criminal
statutes require that are not included in the pattern. This
language that's been added is from cases that are more than
15 years old. And the Eleventh Circuit pattern jury
instructions have been updated since then.
We're not aware of any authority holding that the
pattern jury instructions are in any way insufficient or
inaccurate. They're used regularly in this district. And
the -- I'm sorry, I'm just scrolling up to the element.
The element of concealment, as it's explained in
the pattern instruction, is that the defendant knew the
transaction was designed in whole or in part to conceal or
disguise the nature, location, source, ownership or control of
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the proceeds.
Design is the same thing as purpose, that's what the
jury is being told, is that the transaction has to be designed
to conceal. And we don't think that anything further needs to
be explained on that.
THE COURT: All right. Thank you.
Anything else, Ms. Webster?
MS. WEBSTER: No, Your Honor.
THE COURT: All right. I think it's a fair statement
of the law.
As far as the age of those cases, I guess it depends
on your perspective. Maybe it's an oldie but goodie from
Mr. Foster's perspective. So I'll allow that language in.
MS. WEBSTER: Thank you.
MR. MARSHALL: You will, Your Honor, yes?
THE COURT: Yes.
MR. MARSHALL: Thank you.
THE COURT: And then, Mr. Marshall, you wanted to be
heard on the wire fraud issue? I think Ms. Chaiken had
already stated her piece on that.
MR. MARSHALL: Yeah. Judge, I'll withdraw that. If
there's an issue, Judge, I may file something additional, but
I'll withdraw my argument.
THE COURT: All right. So that request is withdrawn.
Nothing to rule on there.
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Let's go to 30.
And, again, one moment while I look over my notes.
All right. Let me hear from all of you on this.
MS. CHAIKEN: Your Honor, we request the deliberate
ignorance instruction. We believe that, especially in light
of the testimony that was given today by Mr. Gaines, there's
been ample evidence from which the jury could conclude that
Ms. Jackson buried her head in the sand to avoid finding out
what the source of the PPP loan funds were.
We believe we can prove actual knowledge as well,
but the Eleventh Circuit has held that this instruction is
appropriate where the jury, based on the evidence -- or when
the evidence could support both actual knowledge or deliberate
ignorance. And here the evidence we heard today established
that she knew Mr. Gaines was involved in PPP loan
applications, she had filled one out for herself. And shortly
after that received a huge amount of money and didn't ask any
questions about where it was from and what the source of it
was, from a business that had never before given her money or
had any business.
And so we think the facts we've heard today strongly
support, at the very least, deliberate ignorance. And we'd
ask the instruction be given on that basis.
THE COURT: Let me hear from Mr. Marshall first on
this one. And then I'm happy to also hear from you,
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Ms. Webster.
MS. WEBSTER: Thank you.
MR. MARSHALL: Judge, even with Mr. Gaines's
testimony, Judge, I just -- there's no other evidence in the
case, any kind of e-mail, anything where it even infers
Ms. Jackson was trying to avoid getting knowledge about the
source of the funds. We already know -- there's just no
directives. It's all between Darrell Thomas and John Gaines.
Even if we accept the testimony that Ms. Jackson knew
about PPP loan applications, I asked Mr. Gaines about that,
about that e-mail, and he said, well, that communication with
Mr. Thomas was because it was going to be a legit PPP loan
application. And he didn't want that S-H-I-T messed up for
his wife. I don't think that there's any evidence in the
record that shows that Ms. Jackson was deliberately trying to
not gain knowledge about the illegal source.
And, again, Judge, we have to remember the witnesses
that would have been great for the government to help fill in
the backstory to this are, you know, Mr. Andre Gaines, who
could have testified, and Mr. Darrell Thomas. I just don't
think there's evidence to support this charge. And especially
based on citations that I put on page 50, Judge.
THE COURT: All right. I'm going to be blunt. I,
frankly, can't imagine a case where deliberate ignorance is a
more appropriate charge based on the Gaines's testimony that
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we had for several hours this afternoon. It strikes right at
the heart of this instruction in my opinion based on the
evidence.
And I've looked at those citations, and I understand
that this is not something to be given frequently, but in a
case like this, it seems like it's wholly applicable, at least
as to Ms. Jackson in her case.
But let me hear from Ms. Webster vis-a-vis
Mr. Foster. And I'm not even sure the government wants the
instruction as to Mr. Foster.
MS. CHAIKEN: Your Honor, we don't really have a
view as to how the Court should address who it's as to.
THE COURT: All right. Well, Ms. Webster, if you
take issue with it, perhaps I can model this to apply to only
one defendant then.
MS. WEBSTER: Yes, Your Honor. We do take issue
with it. So I think if the Court's going to give it to
Ms. Jackson, then we would request that the Court instruct the
jury that it only applies as to Ms. Jackson and does not apply
as to Mr. Foster.
THE COURT: All right. I'll do that without
objection from the government.
So, Ms. Mueller, let's start that one, you know,
we'll have the title, "Deliberate Ignorance As Proof of
Knowledge."
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And before I say the words "if a defendant's
knowledge," I'll start off by saying, This next instruction
applies only to the government's case against Ms. Jackson. It
does not apply as to the government's case against Mr. Foster.
Let's move on to number 30 -- 32 we don't need
because there's the stipulation; right? Does everyone agree?
MS. CHAIKEN: Yes, Your Honor.
MS. WEBSTER: Yes.
MR. MARSHALL: Yes.
THE COURT: Okay. Then we've got the supplemental
request to charge. And I know those were all coming in here
as we were -- or I'd seen one of them, but not the other, and
the government, I guess, hadn't seen either of them.
So why don't we take a short recess just in place.
But if anybody wants to walk down the hall for a few minutes
for a comfort break, we'll do that as well. We'll just all
get back on the record here in, you know, maybe ten minutes or
so. Okay?
We're in recess. We don't need to stand up. Thank
you.
Thank you, Officer.
(After a recess at 4:54 p.m., the proceedings
continued at 5:13 p.m. as follows:)
THE COURT: I assume the government's had a chance to
look over these two supplemental requests?
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MS. CHAIKEN: We have, Your Honor.
THE COURT: Let's take them in order.
First off, defendants' theory of defense. Any
objection to that by the government?
MS. CHAIKEN: Yes, Your Honor.
THE COURT: Go ahead.
MS. CHAIKEN: I apologize, Your Honor, I just put
lotion on.
THE COURT: Take your time.
MS. CHAIKEN: Just before I touch my computer. Sorry
about that.
Your Honor, we were looking at United States v. Orr,
O-R-R. It's 819 at F.App'x 756. It's an Eleventh Circuit
case from 2020.
THE COURT: I'm sorry, that cite again? 18 F.App'x
1156?
MS. CHAIKEN: No, sorry. 819 F.App'x 756.
THE COURT: All right.
MS. CHAIKEN: One moment, Your Honor. My computer is
freezing up on me.
So, Your Honor, in that case, the Eleventh Circuit
explained that a theory of defense instruction is not
appropriate where it is little more than a defendant-friendly
commentary on the evidence and where it's argumentative.
And the Court in that case said, Our cases hold that
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a defendant is not entitled to an instruction that is more in
the nature of legal argument or a judicial narrative of his
version of the facts than an objective instruction on the law.
The Court in that case held that the district court
did not err by refusing to give the instruction in that case.
And that if the district court had given the instruction, it
would have impermissibly placed the defendant's desired
factual findings into the mouth of the Court instead of
fulfilling its role of providing the jury with neutral
guidance about the issues for deliberations.
And those are the same issues that we think
Mr. Foster's proposed instruction raises. It is basically a
closing argument as to what Mr. Foster believes the facts have
shown in the case, but it doesn't set forth any statement of
the law as to an element or something that would require
acquittal that he -- you know, that he doesn't think has been
proven. It's more in the nature of just legal argument as to
what the evidence has shown. And he's asking the Court to
instruct the jury as if that's an instruction on the law. And
that is our -- the basis for our objection.
THE COURT: All right. Ms. Webster, I mean, that's a
2020 case, which would seem to be later than your other Fifth
Circuit cases and -- that you cite. And I guess you have an
Eleventh Circuit from '86.
And then you've got some other cases cited, but as
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far as the ones that would say, you know, you're entitled to
this, it looks like that's the Lively case?
MS. WEBSTER: Yes, Your Honor. And --
THE COURT: It seems like -- I guess I -- obviously I
want to look to the most recent Eleventh Circuit case on this.
Ms. Chaiken's citing something from 2020. I know that's a
F.App'x case, but still persuasive authority, I guess.
MS. WEBSTER: Yes, Your Honor. But I think if you're
looking at the actual instruction that was requested in Orr,
it's quite different from what we had requested. So in that
case it is I think someone who was interacting with someone
who was underage online.
And so the instruction says, A major component of
the entertainment on the Internet is the rapid repartee, in
addition to having imaginative fun. When engaging in Internet
role play, people love to experiment with their personas.
Typically people weave a bit of truth about themselves with a
great deal of imagination and/or exaggeration.
And it goes on like that, just sort of describing,
like, general hypotheticals -- or not hypotheticals, but
generally the idea behind role playing online. That's not at
all what we have asked for, Your Honor.
So our proposed instructions specifically are tied to
the counts and -- that are charged against him and identifies
the piece -- or the element that we do not feel has been
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established.
And so I think that -- and it's also phrased instead
of in the language of these are facts, which I feel like is
how the instruction in Orr is phrased, our instruction is
phrased in the language of, Mr. Foster contends that the
government has not shown. And, you know, he contends that
there is no evidence that the PPP applications were submitted
to the banks with his knowledge.
And then as to Count 59 specifically, Mr. Foster
contends that the government has not shown that he was a
willing participant.
And so I think that the instruction that Orr is
responding to is quite different from the argument that -- or
from the proposed instruction that we have submitted. And I
think our instruction is permitted under the Eleventh Circuit
decision in Lively and would ask that it would be given.
THE COURT: Ms. Chaiken?
MS. CHAIKEN: Your Honor, the requested instruction
that was at issue in Lively was -- it was a short instruction
that said, Members of the jury, you are hereby instructed that
after the arrest of David Richards, who was an alleged
co-conspirator, on March 24th of 1985, he became the
government's agent and informer and thereafter could not be a
co-conspirator with William David Lively because one who acts
as a government agent and enters into a purported conspiracy
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in the secret role of an informer cannot be a co-conspirator.
That was a theory of defense that was based on the
law that you cannot be a co-conspirator if you are a
government informer. And so that instruction was instructing
the jury as to law that it should consider in its
deliberations that could impact how it -- how it deliberates
and what verdict it reaches.
Whereas here, I think in looking at the theory
of defense instruction, there's no additional law or no
additional concept that is not covered in the jury
instructions that the defense is asking the jury to be given.
They're just asking basically for their closing argument to
be included in the jury instructions and characterize the
evidence as part of a jury instruction.
THE COURT: All right. Thank you, Ms. Chaiken.
Yeah, Ms. Webster, you know, we -- it seems like what
was at issue in Lively, as Ms. Chaiken just quoted, was
something that does go to the law involved. Whereas, in the
2020 Eleventh Circuit case, you know, it talked about little
more than a defendant-friendly commentary on the evidence and
putting the desired factual findings into the mouth of the
Court. That seems to be exactly what you're doing here.
I mean, you highlighted your word "contends," but I
would say that that's putting me in the realm of what's the
2020 case -- what was the name of that case?
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MS. CHAIKEN: It was Orr, O-R-R.
THE COURT: Orr? O-R-R? Yeah.
So I'm inclined to sustain the government's
objection, but I want to -- it's a conditional ruling. I want
to read those cases in their entirety. And happy to hear
tomorrow morning if anybody has any additional cases to point
to me, but I just think the Orr case is persuasive because as
you read this, it's not filling in for the jury anything about
the law like in Lively, it's essentially just kind of, hey,
I'm the judge and here's the defense, here's the defense case.
And that seems to be, you know, what the Orr case is saying is
not necessary.
So I'll look over the cases, but just for planning,
I'll tell you that I'm leaning to sustaining the government's
objection on that.
Let's move to --
MR. MARSHALL: Judge, I have no objection obviously
to that charge anyway. Just wanted to put that on the record.
THE COURT: All right. Thank you, Mr. Marshall.
No dog in that hunt, I guess you would say?
MR. MARSHALL: I mean, I'm sitting back here.
THE COURT: All right. Let's move to the next one.
This involves Mr. Dixon. Is there an objection,
Ms. Chaiken, to this?
MS. CHAIKEN: There is, Your Honor.
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THE COURT: Okay. Go ahead.
MS. CHAIKEN: Your Honor, the case -- the first case
that Mr. Foster cites in footnote 1, he has the quote from the
Eleventh Circuit in United States v. Raphael, 487 F.App'x 490,
which says, The Eleventh Circuit Court of Appeals has not yet
addressed the issue of whether the government's refusal to
grant immunity to a witness may serve as a basis for a missing
witness instruction.
The very next sentence of that case, which is not
included in this footnote, is, But every circuit to have
considered this question has held that the government's mere
ability to grant immunity without more does not make a witness
who invokes the Fifth Amendment right not to testify
peculiarly available to the government within the meaning of
the missing witness rule.
And there are cites to a Fifth Circuit case, a Second
Circuit case, a First Circuit case, a Ninth Circuit case, a
Seventh Circuit case and a DC Circuit case.
So every circuit that has considered this issue has
unanimously held that the government's ability to grant
immunity to a witness cannot serve as a basis for this missing
witness instruction. And here, Your Honor --
THE COURT: One moment, Ms. Chaiken, I'm sorry.
Go ahead, Ms. Chaiken. Sorry for the interruption.
MS. CHAIKEN: Your Honor, the proposed instruction
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here says it was particularly within the power of the
government to grant immunity to Ricky Dixon. And that, in the
circumstances in which this has happened in this case, is not
true.
The first time we heard of any request for immunity
was this morning, minutes before Mr. Dixon was here. A grant
of immunity to a witness requires multiple levels of approval,
both from our office and from the Department of Justice. And
this case has been on the trial calendar for nine months. We
have not heard about it until this morning. And it would be,
I think, very misleading to suggest to the jury that we could
have decided to grant Mr. Dixon immunity and have him testify
under these circumstances because we could not have done so.
I also don't think any record has been made that
Mr. Dixon would have given favorable testimony to the defense.
We asked them to do so. They refused to do so and to say what
he was going to testify about, how they knew that, what they
expected him to say.
And so I think in the circumstances where Mr. Dixon
has already invoked the Fifth in the presence of the jury,
Ms. Webster was permitted to ask him a series of questions as
to which she knew he was going to invoke the Fifth and
basically allowed her to just say whatever she wanted in the
presence of the jury and have him invoke the Fifth, I think
the inference, whatever it is, you know, has already been
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presented to the jury. But I don't think there's any basis,
both given the law and given the circumstances here, to
instruct the jury that Mr. Dixon would have provided favorable
evidence and to suggest to the jury that the reason why we
didn't grant him immunity is because we didn't want him to
testify favorably to the defense.
THE COURT: Ms. Webster, let me hear from you. Also
I would be interested to hear from you about the -- and, you
know, as Ms. Chaiken was reading it, I was also pulling up the
case and reading it myself.
One moment.
I guess I'd like to hear you regarding the selective
quotation there. I mean, you quoted, This Court has not yet
addressed the issue of whether the government's refusal to
grant immunity to a witness may serve as a basis for a missing
witness instruction, but you didn't give me -- and obviously
Ms. Chaiken looked at the case and gave me, and simultaneous
with that, my law clerk had pulled the case and sent to me the
second sentence right after that that says, But every circuit
who has considered this question has held, et cetera.
So I'm, frankly, a little concerned by that.
MS. WEBSTER: Your Honor, may Ms. Durrett address
this issue? She was researching it while I was --
THE COURT: Yes. I'd be happy to hear from whoever
Mr. Foster's counsel elected to give me just part of that.
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MS. DURRETT: Your Honor, it's me. I'm the one that
wrote that and sent that to the Court.
The "without more" part of those cases is without a
showing that the testimony would be favorable. So the cases
say you can't just say, okay, they didn't grant him immunity
so we should be able to have an adverse inference in this
case. It's that you have to have a witness who is
particularly within the control of one of the parties and that
you can show that the testimony would be favorable that you
want.
And so that's the "without more" component, Your
Honor, that we can show that the government had the ability to
grant immunity. Mr. Berne requested that immunity. The
government denied that request. And Ms. Webster did put on
the record that Mr. Dixon would testify in a favorable way.
THE COURT: Well, did the government deny the request
or did Ms. Chaiken say she doesn't have the ability to do
that, which I think is true? Ms. Chaiken does not sit there
as a Department of Justice of one. She didn't have the
ability at that moment to grant the immunity.
I mean, could someone have requested that we pause
the case and take a week for it to go up to Washington, DC,
and back down? Perhaps, but no one did so. So her statement
that she didn't have the ability to do that was true. I mean,
Ms. Chaiken doesn't have the ability to grant Mr. Dixon
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immunity as we were sitting here today.
MS. DURRETT: That's right, Your Honor. But the
government also didn't bring Mr. Dixon to testify in this
case. They had the ability to bring him as a witness. So the
cases talk about the -- how a witness is available to both
parties; right?
So typically in a situation where a witness is
unavailable, they're unavailable to both parties. But we
can -- we have a showing here where the witness was only
unavailable as to us. And that's because the government could
have brought him, they could have given him immunity to
testify, but they chose not to do so. So we are the party
that is -- that he is unavailable to. And that's what the
cases talk about. And the government didn't say that it would
have tried to get immunity.
THE COURT: I'm sorry?
MS. WEBSTER: I think that what the -- if I recall
correctly, and I obviously don't have the transcript in front
of me, but I think that what the government --
THE COURT: One moment.
Your instruction, It was particularly within the
power of the government to grant immunity to Ricky Dixon, who
could have given material testimony on an issue in the case,
but that's just different than the situation we have.
I mean, you called -- you decided to call -- I mean,
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there were dozens of co-defendants the United States could
have called or the defense could have called. I assume the
decision was made not to call co-defendants because all of
them had been engaged in -- or most of them had been engaged
in fraud, so perhaps they're not the best witnesses. But this
is a situation in which you called the witness. And as we've
seen, calling these co-defendants, some of them decide to
invoke their Fifth Amendment rights. Mr. Dixon did. Some of
them don't. Mr. Gaines testified in great detail.
And so at that moment the government didn't have the
ability. And I think that's what Ms. Chaiken said, is -- and
we can, you know -- when was that? Was that this afternoon or
was it this morning?
MS. CHAIKEN: It was this morning, Your Honor. And I
believe we said we don't have authority to do that.
THE COURT: And you don't; is that correct, as an
officer of the court?
MS. CHAIKEN: No. We -- and with Mr. Moore, who is
here from the Department of Justice, that imposes even greater
approval requirements on the grant of immunity because we
would each need to get approval from that -- from our --
through our respective processes.
THE COURT: All right.
Ms. Durrett, go ahead.
MS. DURRETT: Your Honor, I mean, I think that what
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we've said is our position, that we believe that he was
unavailable only as to us, and for that reason we think we're
entitled to the instruction.
MS. CHAIKEN: Your Honor?
THE COURT: Yes.
MS. CHAIKEN: I pulled up the first case that was
one of the cases cited in the Raphael decision about other
circuits that have considered this issue. It's a Fifth
Circuit case, United States v. Rios, 636 F.3d 168. It's a
Fifth Circuit case from 2011.
And in that case the Fifth Circuit said -- well, the
defendant in that case argued that a particular witness was
peculiarly within the government's control because the
government had the ability to grant immunity. And further the
defendant argued that the witness's testimony allegedly would
have been relevant.
The Court then went on to say, The Fifth Circuit has
yet to address whether a witness who relies upon his or her
constitutional right not to testify is peculiarly within the
government's control. Every circuit that has considered the
question, though, has held that the government's ability to
grant immunity does not make a witness who invokes the Fifth
Amendment right not to testify peculiarly available to the
government.
That was not dependent in any way on whether or not
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the person -- or that the defendant had made a showing that
the testimony would have been favorable; it was just
addressing the question of whether the government's decision
not to grant immunity makes the witness peculiarly within the
government's control.
And then the Court went on to say -- the Court went
on to say, Some circuits have provided an exception where
there's a substantial showing of an abuse of prosecutorial
discretion or where circumstances indicate that the witness
would have been exculpatory.
And the Court then went on to say, Requiring a
missing witness instruction each time the prosecution decides
not to immunize a witness would constitute a substantial
judicial encroachment upon prosecutorial discretion.
In addition, a prosecutor's decision not to grant
immunity does not categorically give rise to an inference that
the witness's testimony would be unfavorable to the
government.
And the Court then goes on to say, We conclude that
the government's failure to grant immunity to a witness who
invokes the Fifth Amendment right not to testify does not by
itself entitle a defendant to a missing witness instruction.
The defendant in that case did not argue
prosecutorial abuse of discretion, so they need not consider
whether exceptions apply.
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THE COURT: All right. I think that's persuasive
authority and I think it applies here. I mean, there's no --
is there any prosecutorial abuse here, Ms. Durrett? I mean,
the prosecution was faced with this immunity issue on the fly
and said it didn't have the authority to do that, which is
true, right during the trial anyway. And no one requested a
pause for them to go up the flagpole for that.
MS. WEBSTER: Your Honor, to jump in, we can -- I can
review the transcript later, but I think -- I may be wrong,
but I thought what the government said was, we don't have the
authority to do that and we're not going to do that. And so
they did not indicate that there was any willingness to try;
therefore, pausing the trial to allow that to happen would
have been futile because there was no indication of any
willingness by the government to do so.
And I just want to go back and make very clear that,
based on our conversations with Mr. Dixon's attorney, there is
a very clear belief on our part, and I think -- I want the
record to be clear that Mr. Dixon's testimony would have been
favorable because he would have said that Darrell Thomas told
him to identify Teldrin Foster. And we have a good faith
basis for saying that. That is not speculation. And I think
I put that on the record this morning, but I just want to be
very clear about that. And I think that's all.
THE COURT: Why don't you both give me briefs on this
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by 9:00 tomorrow morning. You can just restate what you've
already stated if you don't have anything new, or if you have
something new, you can add it so I have it all in one place.
Ms. Lee, let's tell the jury, if we have the ability
to get in touch with them, to not come until 10:00. I want to
make sure I've read the proper cases on this one before we
make any decision.
Actually, get me those by 8:30, if you can. That'll
give me -- in addition to looking over some things this
evening, it'll give me 8:30 to 9:30 to review your filings
and then 30 more minutes to talk to you about it if I need it
before we bring in the jury at 10:00.
And I'll also look back further on the theory of
defense cases which I want to read through.
All right. Anything else from anyone this evening?
MS. CHAIKEN: Your Honor, as far as the time
limitation for closing arguments, I had previously, when there
was still four defendants, requested 90 minutes. I would like
to revise that request to 75 minutes.
THE COURT: Okay. And how much time do each of the
defendants want?
MS. WEBSTER: I'm going to request 60, but I don't
think I will talk that long.
THE COURT: All right.
Mr. Marshall?
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MR. MARSHALL: How much time, Leigh Ann?
MS. WEBSTER: I requested 60.
MR. MARSHALL: Yeah. No more than an hour, Judge. I
think that's appropriate. 60 minutes.
THE COURT: All right. Well, if -- Ms. Chaiken, if
you need a full 75, you can have it.
Ms. Webster, if you need a full 60, you can have it.
Mr. Marshall, do you know what I'm about to say?
MR. MARSHALL: Same thing I hope, Judge.
THE COURT: Yes. If you need a full 60, you can have
it, but I would hope that each of those can be shorter than
that.
MS. WEBSTER: Your Honor, I'm sorry, we did have one
issue. I am slightly concerned, based on some of the answers
to cross-examination yesterday, that I feel like I should
renew our motion in limine about the government taking
inconsistent positions between this trial and then its
positions at Gena Pyfrom-Foster's sentencing hearing.
And it's limited to -- currently to this issue, which
is that on the stand the -- I believe that the agent denied
that they were -- that Gena Pyfrom-Foster was hiding her
communications with Darrell Thomas from Mr. Foster.
And I crossed him on that a little bit more, but at
Ms. Foster -- or Ms. Pyfrom-Foster's sentencing hearing, the
government specifically stated, There is, if anything, an
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indication Ms. Pyfrom-Foster's communications with Darrell
Thomas that she was hiding from her husband, that she was
talking to Darrell Thomas directly. She talks about Ted all
the time in a negative way in her WhatsApp messages. And then
she says there was no indication she was being forced to do
any of this, she was hiding that she was doing it from
Mr. Foster.
And so while we are not currently asking for, you
know, any sort of information to go back to the jury, I just
wanted to put on the record that if the government takes a
position that's inconsistent with its statements, that -- or
implies that, you know, Ms. Pyfrom-Foster and Mr. Thomas were
all communicating with Mr. Foster together, especially during
the relevant time periods, that we believe that -- we would
believe that that would be objectionable and will object at
the time.
So I just sort of wanted to put that on the record at
this point.
THE COURT: So noted.
Anything else from anyone this evening?
MS. CHAIKEN: Your Honor, does the Court instruct the
jury before or after closing arguments?
THE COURT: I usually do it after.
MS. CHAIKEN: After? Okay.
MR. MARSHALL: Your Honor, does the jury get a copy
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of the jury instructions, a printout to take back for
deliberations?
THE COURT: Would everyone like that?
MR. MARSHALL: I would for Ms. Jackson.
MS. CHAIKEN: Yes.
MS. WEBSTER: Yes.
THE COURT: Ms. Webster? All three of you do?
That's fine.
MS. CHAIKEN: Your Honor, should we prepare a copy of
the indictment to be sent back to the jury?
THE COURT: Yes. I thought we discussed that at the
pretrial conference and that y'all were doing that. Do I
misremember?
MS. CHAIKEN: I'm probably misremembering, Your
Honor.
MR. MARSHALL: Judge -- I'm sorry.
MS. WEBSTER: I don't know that I remember what the
conversation was, but is it --
THE COURT: I thought we breached that subject, but I
may not remember. I assume --
MS. CHAIKEN: Yeah. I mean, we think --
THE COURT: I don't know how they could do their work
without it; right?
MS. CHAIKEN: I agree, yes.
MS. WEBSTER: We agree.
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THE COURT: Ms. Webster and Mr. Marshall, it sounds
like they agree as well.
MR. MARSHALL: (Nods head.)
THE COURT: I guess that there were going to be
some -- then there's the stipulations about the banks or
whatnot, was that changed to company one, bank one or
something, and then there was a stipulation about that. So
I'm not sure how that all panned out.
MS. CHAIKEN: Correct, Your Honor. We have the
stipulation that has the chart of what the entities correspond
to. And my understanding was that when the Court explained
the indictment or told the jury that they were going to get a
copy of the indictment, it would let them know that they would
have this chart with them, is my understanding.
So we'll send back the jury instructions, the
indictment, the stipulations, the exhibits obviously.
I think that's it.
THE COURT: Okay.
MR. MARSHALL: Your Honor, I have one more comment on
the jury instructions I don't think we raised. Sorry.
MS. CHAIKEN: Oh, I did have one more question, Your
Honor. Sorry.
THE COURT: Hold on. Let me finish my notes, then
I'll hear from Mr. Marshall, then I'll hear from you, please.
Okay. Mr. Marshall.
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MR. MARSHALL: Judge, on request to charge number 19,
did we discuss that, by chance? This has to do with the
introduction to offenses instructions, that's request to
charge number 19. Since we don't have the same defendants in
the case, we have to modify that language in the first
paragraph and downward.
THE COURT: All right. This is just what y'all sent
me. So what do you want to change from what you've sent me
that you wanted earlier?
MR. MARSHALL: Well, it just lays out which
defendants are charged with which counts. So Defendant Gaines
should not be in here anymore. So that needs to be deleted,
that line in the first paragraph where it says, Defendant
Gaines is charged in Counts 6 through 8, Count 37 and Counts
44 through 47.
The next line goes out with Defendant Baptiste.
Defendant Jackson can stay in there, just take the
"and" out and leave it as -- you know, fix it that way.
The second paragraph, the Defendants Gaines, Baptiste
or Foster, that needs to be changed as far as the conspiracy.
And I don't represent -- I don't know, Leigh Ann, if
you want to talk about that, how that goes.
MS. WEBSTER: Yeah. The next paragraph, so the third
paragraph should also be modified to just say other charge --
other counts charged. I don't think anything -- I mean, it's
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just who's charged. I don't think the substance of anything
needs to change.
MR. MARSHALL: Yep. It's just who is charged.
THE COURT: All right. So just so we're clear on
this -- and I don't think this is any issue, I don't hear
Ms. Chaiken saying anything -- but on request to charge 19,
we're going to delete, starting with Defendant Gaines, that
line, the entire next line, and then through -- 48 through 50?
MS. WEBSTER: Correct.
THE COURT: Okay. And then we're going to delete the
words "Gaines," "Baptiste" in the second paragraph, and we're
going to delete the words "Gaines," "Baptiste" in the third
paragraph; correct?
MS. WEBSTER: Yes.
THE COURT: Correct, Mr. Marshall?
MR. MARSHALL: Yes, Judge.
THE COURT: Correct, Ms. Chaiken?
MS. CHAIKEN: Yes, Your Honor.
THE COURT: Ms. Mueller, do you have that?
Wonderful. All right. Thank you.
I need to hear from Ms. Chaiken on something else.
I'll be reviewing your filings that I get by 8:30 tomorrow
morning. At 8:30 tomorrow morning, I'd like the -- any of the
paralegals involved in the case that have been tracking all
the exhibits and Ms. Lee to meet to make sure we have a stack
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of exhibits ready. You know, if that's not planned in
advance, you know, we'll have the instruction -- I'll give
them the instructions, I'll tell them to go deliberate and,
hold on, we'll get you the exhibits, and then it's an hour
later before y'all have the exhibits ready to go back.
So I would like between 8:30 and 9:30 for that to be
done by everyone concerned. Y'all can compare lists and make
sure the stack is accurate.
Ms. Chaiken, you had an additional issue?
MS. CHAIKEN: Your Honor, just a question as far as
the exhibits going back. Does the Court want us to send back
a list of our exhibits that have been admitted to aid the jury
or not?
THE COURT: If everyone wants to put a list together,
that's one combined list, that's not objectionable to anyone,
I'd be happy to have you do that. But to the extent we're
going to get into disputes about how something's labeled, we
won't have any lists.
So if y'all can agree on a combined list of exhibits,
what they are, I'm happy to send the list back. But if
sending a list back is going to mean that we're going to need
to have a conversation about how to describe something, you
know, I'll cross that bridge when we come to it, but I can
tell you I'm probably not going to want to have that
conversation.
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MS. CHAIKEN: Understood, Your Honor. We'll talk to
defense counsel.
THE COURT: Anything else?
MR. MARSHALL: Ms. Chaiken, verdict forms?
Sorry, Judge. We have one or two issues with the
verdict forms or what are suggestions. We want them ready
tomorrow.
It can probably be done tomorrow if you want, Judge.
THE COURT: No, let's go ahead and do it tonight.
Thank you for the reminder.
I, frankly, hadn't -- as to the verdict form, I had
seen these come in. I didn't know there was much controversy
about them. I was under the impression there wasn't. Let me
know what you disagree on, if any.
I'm looking at Document 841, parties' proposed
verdict form. And then I'm looking at 842 and 845.
MS. CHAIKEN: Your Honor, I'm not sure which docket
entry is which one because I'm looking at the Word documents.
But we are in agreement with Mr. Foster as to the verdict
form, that was an agreed verdict form.
With respect to Ms. Jackson's verdict --
THE COURT: So just so the record is clear, and I
think it's -- 841 is parties' proposed verdict form as to
Mr. Foster. And that's, yeah, correct where I flipped and
didn't see any issues.
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And then 842, that's Baptiste. We don't need to
concern ourselves with that.
But 845 is the proposed verdict form regarding
Ms. Jackson. Give me one moment.
MR. MARSHALL: I can make this quick, Judge.
THE COURT: Yes.
MR. MARSHALL: I don't demand that we take our
request that we take the word "unanimously" out. I think that
was the only remaining issue on mine; right? I think?
MS. CHAIKEN: Well, also you had wanted -- you had
wanted to delete, As to Count 46 of the indictment charging
money laundering, you had just wanted it to say, We the jury
find Defendant Carla Jackson.
MR. MARSHALL: We can leave that in, Judge. I have
no objection.
So it can be, As to Count 46 of the indictment, leave
all that in and unanimously.
THE COURT: All right. So it sounds like any
objections the defense had to the government language are
withdrawn.
MR. MARSHALL: Yes.
THE COURT: So we have an agreed-upon form as to
Ms. Jackson as well.
I guess the only issue is that the government had
noted that the order of guilty, not guilty was different in
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Ms. Marshall's (sic) than in Mr. Foster's.
MS. CHAIKEN: Right. Yes. I mean, we just think it
should be consistent, whatever it is.
MR. MARSHALL: Judge, I'd just prefer the other.
It's always ordered guilty, not guilty, but, you know, there's
a presumption of innocence and I like the not guilty appearing
first.
MS. WEBSTER: We would also not mind not guilty
coming first, but I don't feel strongly about it.
MR. MARSHALL: But I wouldn't want them -- if they're
inconsistent between --
THE COURT: All right. Let's just --
MS. WEBSTER: -- all of them, it would be a problem,
between the two.
THE COURT: Ms. Chaiken, do you have any position on
this?
MS. CHAIKEN: Your Honor, we're fine with whatever
order. If Mr. Foster wants to reverse those because it's a
long verdict form with a lot of counts. You know, it would
just take longer to switch the not guiltys and guiltys on that
one than to switch the guilty and not guilty on Ms. Jackson's.
THE COURT: It sounds like Ms. Webster's willing to
be the scrivener to make those administrative changes. Is
that right, Ms. Webster?
MS. WEBSTER: I thought I was making it easier by
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agreeing with Mr. Marshall, but sure, we can change it, yes.
THE COURT: Yeah. Okay. Well, those will -- we'll
keep Ms. Jackson's verdict form the way it is, and then
Ms. Webster will get us a new verdict form that reverses the
guilty, not guilty order.
And I will speak with you at 9:30 regarding that one
open issue about Ricky Dixon.
And I'll also look back and -- I've read excerpts of
the cases on the other issue, but I'll go back and read the
entirety of those cases and let you know if I've changed my
mind on that or if you have any additional argument on that.
I hope all concerned have a good evening.
(After a recess at 5:54 p.m., the proceedings
continued on February 14, 2024, as follows:)
- - - - -
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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 13th Day of February, 2024.
________________________________
PENNY PRITTY COUDRIET, RMR, CRR
OFFICIAL COURT REPORTER
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$
$1,500 [1] - 222:19
$1,821 [1] - 175:7
$10,000 [7] - 152:2, 152:6, 152:22,
154:7, 155:3, 156:5
$155,000 [4] - 160:14, 215:17, 215:21,
216:10
$179,000 [1] - 221:21
$179,985.72 [3] - 184:18, 244:23,
250:22
$3,000 [1] - 175:4
$300,000 [1] - 201:2
$335,000 [1] - 222:23
$71,144.35 [2] - 172:24, 173:2
$9,700 [2] - 157:5, 217:24
'
'86 [1] - 277:24
1
1 [4] - 131:3, 194:16, 213:22, 282:3
1,500 [1] - 222:12
10 [3] - 265:13, 266:12, 266:18
10,000 [1] - 156:6
10/10/19 [1] - 142:16
10/19 [1] - 142:16
100 [2] - 154:17, 222:10
1000 [2] - 143:12, 143:15
10:00 [2] - 291:5, 291:12
10K [1] - 156:19
10TH [1] - 175:2
11 [3] - 262:22, 262:25, 263:7
1100 [1] - 142:7
1108 [3] - 145:25, 146:13, 148:6
1125 [4] - 158:18, 160:17, 220:13,
220:14
1150 [1] - 170:25
1151 [1] - 172:8
1156 [1] - 276:16
1160 [1] - 212:23
1167 [5] - 149:20, 160:15, 169:11,
170:3, 213:7
1169 [1] - 151:6
12 [1] - 263:17
1206 [1] - 194:19
1206A [1] - 194:19
1207 [4] - 192:14, 192:16, 194:3, 194:12
1207A [2] - 193:2, 194:4
1220 [4] - 230:24, 245:12, 245:19,
248:20
1220A [1] - 248:25
1220B [1] - 249:1
1221 [1] - 231:24
1225 [3] - 245:12, 245:19, 248:5
1225A [1] - 248:10
1227 [3] - 245:12, 245:19, 247:5
1227A [1] - 247:20
1228 [6] - 229:22, 229:25, 230:5,
231:24, 232:2
1228A [3] - 230:13, 236:20, 249:8
1228B [3] - 230:25, 236:23, 237:1
12:48 [1] - 132:1
12A [1] - 264:5
12B [3] - 263:22, 264:3, 264:6
12C [2] - 263:17, 263:23
13 [7] - 130:11, 155:6, 155:19, 210:24,
264:10, 264:15
13TH [1] - 303:9
14 [4] - 139:14, 264:16, 264:21, 302:14
1408 [1] - 191:25
15 [13] - 139:5, 139:6, 234:8, 264:22,
264:23, 265:5, 265:13, 266:12,
267:19, 267:21, 268:22, 270:16
16 [3] - 234:8, 265:6, 265:8
1602 [1] - 178:1
168 [1] - 288:9
16TH [2] - 175:9, 175:12
17 [8] - 183:19, 234:8, 244:13, 244:18,
244:20, 250:7, 250:10
17TH [2] - 171:21, 174:20
18 [8] - 139:3, 147:11, 183:20, 234:5,
234:6, 250:10, 250:18, 276:15
18TH [5] - 156:12, 156:13, 216:18,
216:20, 218:9
19 [3] - 296:1, 296:4, 297:6
1985 [1] - 279:22
19TH [3] - 157:20, 218:10, 219:5
1:06 [2] - 134:15, 134:20
1:10 [1] - 136:22
1:20-CR-00296-JPB [1] - 130:5
1ST [2] - 146:14, 172:15
2
2 [3] - 131:7, 230:23, 230:25
2'17 [2] - 139:17, 139:22
2'18 [2] - 139:17, 139:22
2'19 [2] - 139:22, 164:21
2'20 [1] - 164:21
20 [3] - 163:21, 165:7, 205:16
20-MINUTE-ER [1] - 252:19
20-SOME [1] - 149:5
2011 [1] - 288:10
2014 [1] - 188:17
2016 [3] - 196:3, 196:20, 200:3
2017 [1] - 235:18
2018 [2] - 188:2, 189:1
2019 [4] - 139:24, 146:5, 149:10, 202:4
2020 [38] - 139:24, 146:14, 149:10,
171:21, 172:15, 172:21, 174:19,
174:20, 175:2, 175:9, 176:6, 177:22,
184:15, 188:10, 200:3, 215:9, 215:24,
216:18, 216:20, 218:3, 218:5, 223:4,
224:15, 230:8, 231:8, 231:12, 244:21,
247:8, 250:19, 276:14, 277:22, 278:6,
280:19, 280:25
2021 [1] - 181:11
304
2023 [1] - 257:19
2024 [4] - 130:11, 196:4, 302:14, 303:9
21 [1] - 163:21
22 [3] - 163:21, 168:10, 250:16
22ND [3] - 184:15, 244:20, 250:19
23 [2] - 163:21, 204:22
2306 [1] - 240:10
2307 [4] - 204:17, 206:1, 206:4, 206:10
24 [1] - 163:21
24TH [1] - 279:22
25 [3] - 139:14, 163:21, 164:13
26 [6] - 139:14, 260:19, 265:13, 266:12,
269:4, 269:10
26TH [1] - 247:8
27 [1] - 206:1
27TH [1] - 224:15
29 [8] - 255:13, 259:4, 259:23, 260:1,
260:16, 261:4, 261:23
29TH [1] - 146:14
2:47 [1] - 211:25
2ND [1] - 231:8
3
30 [6] - 266:9, 266:10, 266:12, 272:1,
275:5, 291:11
30TH [1] - 172:15
32 [3] - 265:13, 266:12, 275:5
365 [8] - 151:12, 151:16, 151:17, 156:6,
156:19, 217:21, 221:19, 248:22
37 [1] - 296:14
3:00 [1] - 212:1
3:01 [1] - 212:15
3:07 [1] - 212:16
3RD [3] - 230:8, 232:12, 235:18
4
404(B [1] - 265:7
44 [2] - 269:8, 296:15
46 [4] - 260:15, 261:3, 300:11, 300:16
47 [3] - 138:17, 159:25, 296:15
48 [1] - 297:8
487 [1] - 282:4
490 [1] - 282:4
4:01 [1] - 252:21
4:06 [1] - 255:24
4:21 [1] - 255:25
4:23 [1] - 256:4
4:26 [1] - 258:24
4:37 [1] - 266:1
4:38 [1] - 266:1
4:54 [1] - 275:22
5
50 [2] - 273:22, 297:8
59 [2] - 259:16, 279:9
5:13 [1] - 275:23
5:54 [1] - 302:13
5TH [1] - 172:21
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6
6 [2] - 263:11, 296:14
6/22/2020 [2] - 159:8, 159:16
60 [5] - 291:22, 292:2, 292:4, 292:7,
292:10
60S [1] - 189:7
636 [1] - 288:9
67 [1] - 188:10
6A [4] - 263:9, 263:12, 263:13, 263:15
7
7 [3] - 130:6, 250:17, 250:18
75 [2] - 291:19, 292:6
756 [2] - 276:13, 276:17
8
8 [1] - 296:14
800,000 [1] - 145:23
806,710 [1] - 146:7
819 [2] - 276:13, 276:17
820 [1] - 157:8
840 [1] - 262:13
841 [2] - 299:15, 299:23
842 [2] - 299:16, 300:1
845 [2] - 299:16, 300:3
8:30 [5] - 291:8, 291:10, 297:22, 297:23,
298:6
8TH [2] - 174:19, 215:9
9
90 [2] - 1:5, 291:18
902.11 [2] - 229:23, 245:13
9:00 [2] - 258:23, 291:1
9:30 [3] - 291:10, 298:6, 302:6
A
ABILITY [12] - 282:12, 282:20, 285:12,
285:17, 285:20, 285:24, 285:25,
286:4, 287:11, 288:14, 288:21, 291:4
ABLE [1] - 285:6
ABREAST [1] - 162:22
ABUSE [3] - 289:8, 289:24, 290:3
ACCEPT [3] - 182:14, 182:18, 273:9
ACCESS [10] - 142:24, 171:23, 171:25,
177:13, 177:15, 178:15, 178:18,
195:7, 259:17, 259:18
ACCESSED [1] - 259:14
ACCOUNT [37] - 142:25, 143:2, 154:20,
158:4, 158:7, 158:8, 159:19, 161:5,
162:25, 171:24, 171:25, 172:1,
178:16, 185:5, 193:12, 193:23, 195:8,
198:1, 198:2, 198:8, 213:20, 214:9,
214:24, 219:5, 219:14, 219:19, 221:5,
222:8, 222:10, 222:11, 222:13,
222:16, 222:20, 241:11, 251:3,
259:17, 259:19
ACCOUNTS [4] - 142:3, 142:4, 177:15,
218:25
ACCURATE [2] - 164:9, 298:8
ACCURATELY [1] - 155:14
ACQUITTAL [3] - 259:5, 261:5, 277:16
ACTING [1] - 259:11
ACTIVITIES [1] - 236:11
ACTIVITY [4] - 222:14, 260:21, 261:13,
261:21
ACTS [1] - 279:24
ACTUAL [10] - 141:24, 164:4, 192:23,
221:3, 244:4, 259:22, 270:2, 272:10,
272:13, 278:9
ADD [2] - 269:14, 291:3
ADDED [2] - 269:7, 270:15
ADDITION [4] - 162:4, 278:15, 289:15,
291:9
ADDITIONAL [14] - 133:16, 133:17,
136:3, 158:8, 164:15, 261:5, 269:9,
270:10, 271:22, 280:9, 280:10, 281:6,
298:9, 302:11
ADDRESS [20] - 174:5, 178:3, 178:5,
190:10, 192:2, 204:20, 204:24, 205:7,
206:1, 206:4, 206:7, 206:10, 236:3,
240:9, 243:18, 260:11, 266:5, 274:12,
284:22, 288:18
ADDRESSED [2] - 282:6, 284:14
ADDRESSES [1] - 251:16
ADDRESSING [1] - 289:3
ADMINISTERED [1] - 239:3
ADMINISTRATIVE [1] - 301:23
ADMINISTRATIVELY [1] - 136:13
ADMISSION [2] - 267:6, 267:16
ADMIT [3] - 229:21, 245:11, 254:18
ADMITTED [12] - 143:15, 151:13,
155:23, 165:5, 178:1, 182:2, 182:5,
230:3, 244:6, 246:11, 265:7, 298:12
ADMITTING [1] - 195:1
ADVANCE [1] - 298:2
ADVERSE [1] - 285:6
AFFAIR [1] - 140:10
AFORESAID [1] - 303:8
AFTER [1] - 1:7
AFTERNOON [9] - 132:12, 135:2, 135:3,
137:25, 138:1, 181:9, 182:8, 274:1,
287:12
AFTERWARDS [1] - 223:8
AGE [1] - 271:11
AGENT [19] - 223:3, 223:12, 223:15,
223:18, 223:21, 224:15, 225:5, 226:2,
227:22, 228:2, 228:17, 228:23,
242:16, 242:22, 242:25, 243:6,
256:11, 256:22, 257:16
AGENT [6] - 207:18, 227:7, 227:11,
279:23, 279:25, 292:20
AGES [1] - 139:13
AGO [8] - 181:13, 185:19, 186:10,
195:4, 203:18, 205:8, 238:17, 238:19
AGREE [15] - 175:18, 263:11, 263:19,
263:25, 264:6, 264:13, 264:14,
264:19, 264:20, 265:8, 275:6, 294:24,
305
294:25, 295:2, 298:19
AGREEABLE [2] - 267:8, 267:9
AGREED [8] - 134:9, 135:13, 186:11,
245:7, 265:9, 265:10, 299:20, 300:22
AGREED-UPON [1] - 300:22
AGREEING [1] - 302:1
AGREEMENT [7] - 238:7, 264:23,
264:25, 267:24, 268:2, 268:13, 299:19
AGREEMENTS [1] - 268:6
AHEAD [19] - 145:25, 149:22, 172:16,
172:18, 181:1, 184:2, 211:22, 231:22,
236:18, 255:19, 258:13, 262:11,
264:2, 264:9, 276:6, 282:1, 282:24,
287:24, 299:9
AID [1] - 298:12
ALABAMA [26] - 144:19, 156:25, 157:3,
160:22, 161:17, 162:17, 163:6,
163:10, 163:17, 165:10, 166:15,
169:15, 170:14, 182:11, 189:9, 203:7,
203:13, 214:13, 217:9, 217:19,
218:15, 226:14, 228:25, 239:3,
239:25, 240:13
ALIAS [2] - 190:13, 247:15
ALLEGED [1] - 279:21
ALLEGEDLY [1] - 288:15
ALLOW [2] - 271:13, 290:13
ALLOWED [2] - 210:6, 283:23
ALMOST [2] - 180:5, 189:7
ALONE [2] - 203:12, 203:14
ALTOGETHER [1] - 139:6
AMENABLE [1] - 268:22
AMENDMENT [1] - 260:12
AMENDMENT [8] - 133:3, 135:1,
135:23, 253:14, 282:13, 287:8,
288:23, 289:21
AMERICA [3] - 171:12, 172:13, 200:16
AMERICA [1] - 130:4
AMOUNT [21] - 138:19, 146:6, 152:1,
152:21, 155:3, 159:10, 159:11,
159:13, 159:17, 159:24, 160:2,
160:14, 172:23, 175:4, 175:10,
184:17, 221:8, 244:23, 250:22, 255:6,
272:17
AMPLE [1] - 272:7
AN [1] - 1:2
AND [3] - 1:4, 1:7, 130:6
ANDRE [45] - 141:17, 141:18, 141:19,
141:22, 143:8, 143:20, 144:1, 144:15,
144:24, 146:15, 150:6, 150:20,
159:23, 161:20, 161:22, 165:25,
166:19, 168:16, 170:6, 185:9, 187:20,
188:1, 189:12, 189:18, 190:20,
190:23, 191:4, 201:17, 201:19, 209:7,
213:12, 220:19, 223:4, 223:12,
223:15, 223:18, 224:6, 224:9, 224:13,
224:21, 228:6, 229:6, 239:12, 241:1,
273:19
ANDRE [1] - 131:3
ANN [2] - 292:1, 296:21
ANN [1] - 130:18
Case 1:20-cr-00296-JPB-CMS Document 1030 Filed 06/14/24 Page 177 of 198
ANSWERED [6] - 195:15, 195:19,
210:3, 210:9, 210:10, 210:20
ANSWERS [2] - 238:16, 292:14
ANTICIPATE [3] - 133:25, 134:1, 254:13
ANTICS [1] - 141:1
ANY [1] - 1:9
ANYWAY [3] - 179:14, 281:18, 290:6
ANYWAYS [1] - 147:17
APOLOGIZE [3] - 225:22, 231:24, 276:7
APPEALS [1] - 282:5
APPEAR [2] - 185:4, 251:2
APPEARANCES [1] - 130:13
APPEARING [1] - 301:6
APPLICABLE [1] - 274:6
APPLICATION [40] - 141:6, 143:16,
143:25, 144:4, 144:16, 145:19,
146:15, 146:23, 148:1, 164:24,
189:16, 189:19, 190:4, 190:8, 190:15,
191:5, 229:18, 230:15, 232:5, 232:7,
232:22, 232:24, 233:18, 233:21,
233:24, 236:21, 237:9, 246:1, 246:3,
246:8, 247:24, 248:7, 248:14, 249:3,
249:5, 249:10, 250:2, 251:24, 252:2,
273:13
APPLICATIONS [9] - 197:4, 234:24,
246:3, 246:14, 246:21, 247:3, 272:16,
273:10, 279:7
APPLIES [5] - 267:22, 268:7, 274:19,
275:3, 290:2
APPLY [7] - 262:17, 262:24, 268:19,
274:14, 274:19, 275:4, 289:25
APPOINTMENT [2] - 220:24, 220:25
APPROPRIATE [4] - 272:12, 273:25,
276:23, 292:4
APPROVAL [3] - 283:7, 287:20, 287:21
APRIL [4] - 230:8, 231:8, 231:12, 232:12
ARE [1] - 1:8
AREA [6] - 146:1, 163:9, 165:17, 197:5,
206:5, 240:14
AREAS [1] - 254:23
ARGUE [2] - 261:1, 289:23
ARGUED [3] - 262:2, 288:12, 288:15
ARGUMENT [11] - 260:11, 260:12,
261:6, 261:23, 271:23, 277:2, 277:13,
277:17, 279:13, 280:12, 302:11
ARGUMENTATIVE [1] - 276:24
ARGUMENTS [4] - 260:4, 262:1,
291:17, 293:22
ARREST [1] - 279:21
ARRESTED [5] - 176:7, 266:20, 266:24,
267:2
ARTICULATED [2] - 254:22, 259:6
ASSERTED [1] - 145:12
ASSIST [1] - 135:14
ASSISTANT [1] - 130:16
ASSISTANT [1] - 185:13
ASSOCIATED [3] - 141:19, 169:1,
247:12
ASSUME [6] - 200:25, 202:21, 256:2,
275:24, 287:2, 294:20
ASSUMING [3] - 200:19, 223:6, 223:23
AT [2] - 132:1, 255:24
ATLANTA [3] - 130:2, 130:25, 132:1
ATTACHED [2] - 194:10, 230:15
ATTACHED [1] - 1:6
ATTACHING [1] - 194:22
ATTACHING [1] - 1:9
ATTACHMENT [5] - 192:25, 193:4,
194:7, 247:22, 248:12
ATTACHMENTS [2] - 194:7, 194:14
ATTENTION [1] - 183:19
ATTORNEY [13] - 133:12, 179:5, 180:7,
182:24, 185:8, 212:3, 212:8, 229:2,
236:16, 237:23, 243:8, 254:4, 290:17
ATTORNEY [1] - 185:14
ATTORNEYS [2] - 237:23, 258:12
ATTORNEYS [1] - 130:16
AUTHORITY [6] - 270:18, 278:7,
287:15, 290:2, 290:5, 290:11
AUTHORIZATION [1] - 198:2
AUTO [9] - 153:7, 153:8, 153:9, 154:20,
154:21, 154:23, 218:25, 219:25, 220:5
AVAILABLE [5] - 209:14, 209:15,
282:14, 286:5, 288:23
AVENUE [2] - 240:11, 243:18
AVERAGE [4] - 248:2, 248:17, 249:6,
249:13
AVOID [2] - 272:8, 273:6
AWARE [4] - 135:10, 215:15, 215:16,
270:18
B
BABASIJIBOMI [1] - 130:15
BACK-AND-FORTH [1] - 189:25
BACKGROUND [7] - 149:3, 166:19,
168:21, 168:22, 237:13, 238:12,
241:16
BACKSTORY [1] - 273:19
BAD [1] - 188:19
BANK [39] - 142:3, 142:4, 142:22,
142:25, 162:25, 171:11, 171:24,
172:13, 172:14, 173:20, 173:22,
177:15, 178:16, 191:8, 191:11,
191:13, 191:15, 191:16, 191:17,
191:19, 192:7, 192:10, 192:12,
192:13, 192:20, 192:23, 193:6,
194:22, 195:2, 195:5, 195:11, 197:25,
198:10, 208:16, 208:19, 218:25,
220:22, 261:20, 295:6
BANK [2] - 171:11, 172:13
BANK'S [1] - 198:11
BANKING [1] - 241:18
BANKS [4] - 218:22, 219:1, 279:8, 295:5
BAPTISTE [5] - 296:16, 296:19, 297:11,
297:12, 300:1
BASED [11] - 186:14, 189:20, 190:25,
272:12, 273:22, 273:25, 274:2, 280:2,
290:17, 292:14
BASES [2] - 260:2, 261:5
306
BASIS [16] - 140:24, 159:24, 177:23,
182:15, 182:19, 195:20, 251:13,
259:5, 259:23, 272:23, 277:20, 282:7,
282:21, 284:1, 284:15, 290:22
BE [2] - 1:3, 1:4
BECAME [2] - 139:23, 279:22
BECOME [3] - 165:25, 166:3, 166:14
BEFORE [1] - 130:10
BEG [6] - 163:13, 190:9, 191:10, 206:3,
223:17, 224:5
BEGIN [3] - 136:18, 258:16, 262:15
BEGINNING [1] - 208:21
BEHALF [3] - 130:14, 130:17, 130:20
BEHALF [3] - 135:11, 179:18, 268:2
BEHIND [2] - 225:18, 278:21
BELIEF [1] - 290:18
BELIEVES [1] - 277:13
BELOW [4] - 156:16, 157:15, 173:18,
207:1
BENEFIT [1] - 228:6
BERNE [1] - 285:13
BEST [1] - 287:5
BETTER [1] - 252:25
BETWEEN [8] - 196:6, 207:23, 207:24,
273:8, 292:17, 298:6, 301:11, 301:14
BEYOND [5] - 197:5, 206:18, 260:10,
260:20, 262:9
BIG [5] - 165:11, 205:11, 206:15, 241:11
BILLS [1] - 198:23
BIT [23] - 139:18, 142:7, 144:14, 145:6,
148:24, 148:25, 149:2, 149:22,
150:19, 151:7, 158:19, 161:17,
165:24, 179:1, 236:21, 239:11,
239:14, 239:22, 240:4, 260:15, 267:4,
278:17, 292:23
BLANK [4] - 248:3, 248:18, 249:5,
249:14
BLOCK [1] - 174:16
BLUNT [1] - 273:23
BOARD [6] - 206:16, 206:17, 206:18,
206:19, 207:2, 208:13
BORN [1] - 140:12
BORROW [2] - 173:9, 173:10
BORROWER [1] - 250:2
BOTTOM [9] - 150:5, 154:18, 171:14,
183:19, 219:16, 228:16, 231:5,
244:20, 250:16
BOULEE [1] - 130:10
BOULEE [5] - 135:10, 182:14, 182:18,
183:2, 185:12
BOX [3] - 173:24, 174:1, 174:8
BREACHED [1] - 294:19
BREAK [9] - 132:5, 211:20, 211:23,
212:7, 252:16, 252:18, 255:20, 275:16
BREAKS [1] - 258:14
BRIDGE [1] - 298:23
BRIEF [1] - 254:15
BRIEFLY [1] - 256:10
BRIEFS [1] - 290:25
Case 1:20-cr-00296-JPB-CMS Document 1030 Filed 06/14/24 Page 178 of 198
BRING [10] - 133:21, 134:8, 134:14,
211:12, 212:9, 256:1, 256:3, 286:3,
286:4, 291:12
BROKE [1] - 180:9
BROUGHT [2] - 232:6, 286:11
BUCKS [2] - 222:10, 222:12
BUILDING [41] - 144:19, 150:15, 152:9,
156:22, 163:4, 164:4, 165:10, 165:13,
165:17, 165:22, 166:2, 166:16,
167:11, 167:24, 168:6, 168:9, 168:15,
168:19, 170:8, 186:17, 186:18,
204:16, 204:20, 204:22, 204:23,
204:24, 205:1, 205:7, 205:12, 206:5,
206:6, 206:16, 206:22, 209:1, 209:4,
214:13, 214:17, 215:6, 240:7, 240:15,
244:1
BUILDINGS [2] - 163:14, 163:17
BUILT [1] - 260:8
BURDEN [1] - 259:10
BUREAUS [1] - 197:21
BURIED [1] - 272:8
BUSINESS [24] - 142:13, 149:10,
150:12, 162:7, 164:4, 176:19, 176:22,
188:5, 200:11, 201:8, 201:20, 203:16,
203:20, 215:12, 215:19, 222:1,
222:11, 222:13, 238:3, 246:4, 248:8,
248:22, 272:19, 272:20
BUSINESSES [11] - 176:23, 200:13,
200:20, 200:24, 216:3, 216:6, 246:3,
246:15, 246:17, 246:21, 249:17
BUSINESSPEOPLE [1] - 237:19
BUSINESSWOMAN [3] - 200:9, 234:10,
237:13
BUY [1] - 208:17
BUYING [3] - 170:8, 207:21, 208:11
BY [92] - 1:4, 1:6, 130:23, 137:24, 142:9,
143:6, 143:13, 143:24, 145:14, 146:2,
146:11, 147:9, 147:20, 148:10,
149:23, 151:10, 152:15, 154:3, 156:1,
158:20, 158:25, 159:6, 159:12,
160:12, 161:8, 164:18, 165:8, 165:16,
165:21, 167:9, 167:21, 168:4, 168:13,
169:13, 170:5, 171:2, 171:9, 171:15,
172:9, 172:19, 173:1, 173:19, 174:7,
174:17, 175:16, 176:5, 178:4, 178:13,
181:6, 184:3, 184:13, 186:9, 187:19,
192:1, 192:18, 193:3, 194:5, 194:20,
195:25, 196:17, 197:9, 200:23,
205:18, 205:23, 206:13, 208:9,
210:25, 212:25, 213:8, 213:24, 214:7,
216:16, 220:15, 225:23, 230:6,
230:14, 231:1, 232:4, 235:1, 236:24,
243:16, 246:13, 247:6, 247:21, 248:6,
248:11, 248:21, 249:2, 249:9, 250:9,
256:21, 257:15
C
CABELA'S [1] - 235:8
CALENDAR [1] - 283:9
CANNOT [3] - 280:1, 280:3, 282:21
CAPABLE [1] - 189:4
CAPITAL [7] - 153:2, 156:5, 217:14,
217:18, 218:16, 220:10, 221:18
CAR [3] - 153:23, 175:23, 175:24
CARD [7] - 142:13, 154:16, 154:21,
171:11, 175:3, 198:1, 213:2
CARDS [2] - 175:3, 198:25
CARE [2] - 253:2, 266:21
CARLA [24] - 138:7, 138:23, 146:21,
151:25, 152:24, 154:11, 155:18,
175:21, 178:2, 185:6, 224:6, 224:21,
228:7, 229:6, 234:17, 235:23, 235:25,
241:6, 241:25, 249:22, 250:1, 251:4,
251:16, 300:13
CARLA [2] - 130:6, 130:20
CASE [84] - 133:22, 135:11, 135:13,
136:15, 136:16, 138:6, 139:24,
141:20, 144:12, 176:8, 179:2, 181:10,
209:14, 209:22, 254:14, 254:21,
255:6, 255:13, 255:17, 255:22, 257:6,
258:1, 258:10, 258:15, 258:20,
258:21, 259:15, 259:22, 260:8,
261:15, 262:2, 267:23, 268:20,
270:13, 273:5, 273:24, 274:6, 274:7,
275:3, 275:4, 276:14, 276:21, 276:25,
277:4, 277:5, 277:14, 277:22, 278:2,
278:5, 278:7, 278:11, 280:19, 280:25,
281:7, 281:10, 281:11, 282:2, 282:9,
282:16, 282:17, 282:18, 283:3, 283:9,
284:10, 284:17, 284:18, 285:7,
285:22, 286:4, 286:23, 288:6, 288:9,
288:10, 288:11, 288:12, 289:23,
296:5, 297:24, 303:8
CASES [18] - 262:3, 270:15, 271:11,
276:25, 277:23, 277:25, 281:5, 281:6,
281:13, 285:3, 285:4, 286:5, 286:14,
288:7, 291:6, 291:14, 302:9, 302:10
CASH [4] - 157:5, 175:9, 216:21, 217:24
CASHIER'S [13] - 152:7, 152:11,
152:16, 153:3, 153:15, 154:15, 156:6,
156:14, 156:16, 156:19, 216:20,
216:23, 221:16
CATEGORICALLY [1] - 289:16
CAUSED [4] - 184:16, 202:16, 244:21,
250:20
CAUTION [1] - 266:21
CAVEATS [1] - 185:13
CC'D [1] - 249:22
CELLPHONE [2] - 227:9, 227:12
CENTER [1] - 204:7
CENTER [1] - 251:5
CEREBRAL [1] - 188:8
CERTAIN [1] - 201:4
CERTAINLY [1] - 181:3
CERTIFY [1] - 303:6
CETERA [1] - 284:20
CHAIKEN [47] - 133:15, 136:9, 165:2,
184:2, 186:4, 187:15, 195:17, 210:5,
210:14, 210:16, 211:17, 212:19,
234:9, 236:7, 237:11, 238:10, 238:15,
307
245:23, 250:6, 252:7, 256:9, 261:8,
264:2, 264:9, 267:21, 268:23, 270:11,
271:19, 279:17, 280:15, 280:17,
281:24, 282:23, 282:24, 284:9,
284:17, 285:17, 285:18, 285:25,
287:11, 292:5, 297:6, 297:17, 297:21,
298:9, 299:4, 301:15
CHAIKEN [163] - 130:14, 133:10,
134:10, 136:10, 145:8, 145:11, 147:7,
147:13, 155:21, 161:6, 164:14, 165:3,
180:25, 181:6, 183:24, 184:3, 184:13,
186:5, 186:9, 187:17, 187:19, 191:24,
192:1, 192:14, 192:16, 192:18, 193:2,
193:3, 194:3, 194:5, 194:18, 194:20,
195:18, 195:24, 195:25, 196:13,
196:17, 197:6, 197:9, 200:23, 205:16,
205:18, 205:22, 205:23, 206:12,
206:13, 208:4, 208:9, 210:6, 210:15,
210:18, 210:23, 210:25, 211:13,
211:19, 212:21, 212:25, 213:6, 213:8,
213:22, 213:24, 214:5, 214:7, 216:15,
216:16, 220:13, 220:15, 225:22,
225:23, 229:21, 229:25, 230:4, 230:6,
230:13, 230:14, 230:23, 231:1,
231:15, 231:17, 234:20, 243:16,
245:11, 245:18, 245:20, 245:22,
245:25, 246:12, 246:13, 247:5, 247:6,
247:20, 247:21, 248:5, 248:6, 248:10,
248:11, 248:20, 248:21, 248:25,
249:2, 249:8, 249:9, 250:5, 252:9,
254:15, 254:20, 255:23, 256:10,
256:21, 257:11, 257:23, 258:1, 261:9,
262:18, 263:9, 263:12, 263:17, 264:3,
264:10, 264:16, 264:22, 265:6,
266:15, 267:9, 267:22, 268:24,
269:11, 270:12, 272:4, 274:11, 275:7,
276:1, 276:5, 276:7, 276:10, 276:17,
276:19, 279:18, 281:1, 281:25, 282:2,
282:25, 287:14, 287:18, 288:4, 288:6,
291:16, 293:21, 293:24, 294:5, 294:9,
294:14, 294:21, 294:24, 295:9,
295:21, 297:18, 298:10, 299:1,
299:17, 300:10, 301:2, 301:17
CHAIKEN'S [1] - 278:6
CHANCE [4] - 135:17, 170:10, 275:24,
296:2
CHANGE [8] - 199:17, 199:18, 199:21,
238:16, 268:11, 296:8, 297:2, 302:1
CHANGED [4] - 186:19, 295:6, 296:20,
302:10
CHANGES [2] - 260:4, 301:23
CHANGING [1] - 236:3
CHARACTER [1] - 264:17
CHARACTERIZE [1] - 280:13
CHARGE [11] - 169:7, 170:1, 265:14,
273:21, 273:25, 275:11, 281:18,
296:1, 296:4, 296:24, 297:6
CHARGED [16] - 138:9, 138:10, 181:10,
254:25, 255:1, 255:4, 256:25, 257:6,
257:8, 257:16, 278:24, 296:11,
Case 1:20-cr-00296-JPB-CMS Document 1030 Filed 06/14/24 Page 179 of 198
296:14, 296:25, 297:1, 297:3
CHARGES [1] - 262:10
CHARGING [1] - 300:11
CHARLES [4] - 240:10, 240:12, 243:18
CHART [2] - 295:10, 295:14
CHASE [1] - 222:16
CHASE [1] - 142:23
CHECK [43] - 149:20, 149:24, 150:1,
150:2, 150:4, 151:1, 151:8, 151:12,
151:14, 151:24, 152:3, 152:7, 152:11,
152:16, 152:19, 152:23, 153:3,
153:16, 154:7, 154:15, 154:18, 156:5,
156:6, 156:16, 156:19, 160:13,
169:11, 169:14, 173:25, 175:10,
213:9, 213:13, 213:17, 213:19, 214:5,
214:8, 215:17, 216:10, 216:23, 217:1,
217:17, 219:24, 261:18
CHECKS [12] - 154:8, 156:4, 156:14,
216:21, 218:16, 218:17, 218:19,
218:22, 220:7, 220:9, 221:16, 221:18
CHECKSTUBSINFO@GMAIL.COM [1]
- 196:2
CHILDREN [5] - 139:8, 139:11, 140:12,
140:15, 140:19
CHOOSE [1] - 253:23
CHOOSED [1] - 211:11
CHOSE [1] - 286:12
CIRCUIT [4] - 282:10, 282:19, 284:19,
288:20
CIRCUIT [21] - 270:16, 272:11, 276:13,
276:21, 277:23, 277:24, 278:5,
279:15, 280:19, 282:4, 282:5, 282:16,
282:17, 282:18, 288:9, 288:10,
288:11, 288:17
CIRCUIT'S [1] - 269:19
CIRCUITS [2] - 288:8, 289:7
CIRCUMSTANCES [6] - 267:23, 283:3,
283:13, 283:19, 284:2, 289:9
CIRCUMSTANTIAL [1] - 260:9
CITATIONS [2] - 273:22, 274:4
CITE [1] - 1:5
CITE [2] - 276:15, 277:23
CITED [2] - 277:25, 288:7
CITES [2] - 282:3, 282:16
CITING [1] - 278:6
CITY [1] - 163:6
CLARIFICATION [2] - 183:7, 185:8
CLEAR [13] - 221:14, 244:9, 253:12,
255:7, 258:18, 265:20, 268:22,
290:16, 290:18, 290:19, 290:24,
297:4, 299:22
CLERK [1] - 137:13
CLERK [1] - 284:18
CLIENT [4] - 134:2, 135:11, 260:5,
268:17
CLOSE [2] - 152:3, 211:18
CLOSED [3] - 216:3, 258:10, 258:17
CLOSELY [2] - 188:4, 201:20
CLOSING [5] - 261:2, 277:13, 280:12,
291:17, 293:22
CLOSINGS [1] - 258:12
CLUB [1] - 235:8
CM/ECF [2] - 1:3, 1:5
CO [15] - 141:24, 172:5, 254:18, 264:23,
265:1, 268:2, 268:5, 279:22, 279:24,
280:1, 280:3, 287:1, 287:3, 287:7
CO-CONSPIRATOR [4] - 279:22,
279:24, 280:1, 280:3
CO-DEFENDANT [3] - 264:23, 265:1,
268:2
CO-DEFENDANTS [4] - 268:5, 287:1,
287:3, 287:7
CO-DEFENDANTS' [1] - 254:18
CO-FOUNDERS [1] - 172:5
CO-ORGANIZERS [1] - 172:5
CO-OWNERS [1] - 141:24
COGNITIVE [1] - 189:1
COLLEGE [1] - 166:17
COMBINED [2] - 298:15, 298:19
COMFORT [3] - 252:16, 255:20, 275:16
COMING [11] - 151:8, 161:4, 214:16,
221:23, 222:24, 241:13, 242:10,
251:17, 268:12, 275:11, 301:9
COMMENT [1] - 295:19
COMMENTARY [2] - 276:24, 280:20
COMMITTED [1] - 182:2
COMMUNICATED [1] - 253:11
COMMUNICATING [1] - 293:13
COMMUNICATION [1] - 273:11
COMMUNICATIONS [12] - 207:17,
207:20, 207:24, 208:10, 208:16,
210:4, 232:12, 232:13, 232:15, 236:8,
292:22, 293:1
COMPANIES [3] - 162:4, 200:15, 201:1
COMPANY [27] - 141:12, 141:13,
141:15, 141:24, 148:12, 148:20,
148:23, 149:17, 150:2, 150:4, 151:12,
151:18, 151:19, 161:23, 162:1,
169:24, 172:2, 175:18, 184:17,
208:17, 244:22, 247:10, 247:13,
250:21, 295:6
COMPANY'S [1] - 143:16
COMPARE [1] - 298:7
COMPLETED [1] - 238:4
COMPONENT [2] - 278:13, 285:11
COMPUTER [9] - 177:3, 177:8, 178:9,
178:14, 178:18, 243:18, 276:10,
276:19
COMPUTERS [5] - 177:13, 177:15,
177:19, 177:22, 178:24
CONCEAL [9] - 185:3, 250:1, 250:25,
260:7, 269:24, 269:25, 270:24, 271:4
CONCEALMENT [5] - 269:8, 269:20,
269:21, 270:5, 270:22
CONCEPT [1] - 280:10
CONCERN [2] - 266:22, 300:2
CONCERNED [4] - 284:21, 292:14,
298:7, 302:12
CONCLUDE [2] - 272:7, 289:19
CONCLUDES [1] - 258:1
308
CONDITIONAL [1] - 281:4
CONDUCT [1] - 255:3
CONFERENCE [2] - 135:18, 294:12
CONFESSION [1] - 266:18
CONFIRM [1] - 206:9
CONFIRMATION [1] - 220:16
CONNECTED [3] - 228:3, 229:4, 242:22
CONNECTION [4] - 228:5, 256:25,
257:6, 257:9
CONSIDER [5] - 141:4, 253:25, 266:21,
280:5, 289:24
CONSIDERED [5] - 282:11, 282:19,
284:20, 288:8, 288:20
CONSIDERING [1] - 254:20
CONSISTENT [1] - 301:3
CONSOLIDATED [1] - 262:14
CONSPIRACY [2] - 279:25, 296:20
CONSPIRATOR [4] - 279:22, 279:24,
280:1, 280:3
CONSTITUTE [1] - 289:13
CONSTITUTIONAL [1] - 288:19
CONSTRUCTION [7] - 150:17, 151:18,
152:8, 168:22, 186:18, 189:8, 205:5
CONSTRUCTIVE [1] - 260:12
CONSULT [1] - 135:17
CONSULTATION [1] - 253:6
CONSULTING [6] - 148:24, 149:7,
150:12, 169:17, 215:10, 215:18
CONTACT [1] - 143:19
CONTENDS [4] - 279:5, 279:6, 279:10,
280:23
CONTENT [1] - 155:14
CONTINUE [2] - 156:7, 212:19
CONTINUED [5] - 212:1, 212:16,
255:25, 275:23, 302:14
CONTRACT [1] - 238:6
CONTRACTOR [1] - 168:18
CONTRACTORS [1] - 169:5
CONTRACTS [1] - 201:2
CONTROL [5] - 270:25, 285:8, 288:13,
288:20, 289:5
CONTROLLED [2] - 185:5, 251:3
CONTROVERSY [1] - 299:12
CONVERSATION [10] - 134:2, 212:8,
226:10, 227:8, 233:9, 241:6, 242:25,
294:18, 298:22, 298:25
CONVERSATIONS [1] - 290:17
CONVICT [1] - 270:4
CONVICTION [1] - 264:4
COOPERATION [2] - 228:6, 229:5
COPIED [4] - 228:10, 228:17, 235:23,
236:9
COPIES [2] - 205:9, 235:6
COPY [4] - 210:9, 293:25, 294:9, 295:13
CORPORATE [1] - 200:15
CORRECT [170] - 133:4, 133:5, 135:18,
137:16, 146:16, 147:18, 147:19,
150:24, 155:4, 157:25, 158:16, 163:2,
164:7, 164:8, 164:25, 166:9, 178:15,
Case 1:20-cr-00296-JPB-CMS Document 1030 Filed 06/14/24 Page 180 of 198
179:7, 179:10, 181:11, 181:20,
181:21, 181:23, 181:24, 181:25,
182:4, 182:6, 182:11, 183:14, 184:25,
185:6, 185:10, 185:11, 185:17,
185:21, 186:13, 188:10, 188:15,
190:4, 190:11, 190:17, 191:6, 192:2,
192:8, 192:11, 193:12, 196:3, 197:11,
197:13, 197:17, 197:21, 198:2, 198:5,
198:12, 198:21, 198:23, 199:1, 199:3,
199:9, 199:15, 199:19, 199:22,
201:11, 202:23, 203:5, 203:8, 203:13,
206:14, 213:10, 213:15, 213:20,
214:1, 215:10, 215:13, 215:15,
216:18, 216:22, 216:24, 217:2, 217:4,
217:7, 217:15, 217:19, 217:20,
217:25, 218:6, 218:9, 218:10, 219:1,
219:3, 219:7, 219:14, 220:10, 220:11,
220:17, 220:20, 220:23, 221:2,
221:17, 222:1, 222:19, 223:5, 223:8,
223:10, 223:13, 223:19, 223:22,
224:1, 224:4, 224:7, 224:16, 225:6,
225:8, 226:11, 226:18, 227:23,
228:18, 228:21, 229:6, 229:12, 230:8,
230:16, 230:19, 231:6, 231:13, 232:8,
239:15, 243:24, 244:17, 244:23,
245:5, 245:7, 246:15, 246:18, 246:22,
246:25, 247:3, 247:8, 247:13, 247:18,
247:22, 248:8, 248:12, 248:23, 249:3,
249:11, 249:17, 249:20, 250:3, 251:6,
251:14, 253:8, 253:14, 263:2, 263:3,
266:14, 268:23, 268:25, 269:2, 270:2,
287:16, 295:9, 297:9, 297:13, 297:15,
297:17, 299:24, 303:7
CORRECTLY [3] - 133:12, 254:4,
286:18
CORRESPOND [1] - 295:10
CORROBORATE [1] - 210:7
COUDRIET [2] - 130:24, 303:15
COUNSEL [10] - 133:7, 135:13, 135:14,
136:3, 252:15, 252:17, 253:11,
284:25, 299:2
COUNT [3] - 138:15, 159:24, 259:13
COUNT [8] - 159:25, 259:16, 260:15,
261:3, 279:9, 296:14, 300:11, 300:16
COUNTS [9] - 138:9, 138:13, 259:5,
259:20, 260:2, 278:24, 296:11,
296:25, 301:19
COUNTS [2] - 296:14
COUPLE [9] - 142:15, 167:15, 168:17,
170:24, 177:1, 203:18, 236:18,
252:15, 262:23
COURSE [2] - 184:11, 258:20
COURT [209] - 1:4, 1:7, 1:10, 130:1,
130:24, 130:25, 132:1, 132:2, 132:7,
132:11, 132:21, 133:2, 133:6, 133:11,
133:15, 133:20, 133:24, 134:3, 134:6,
134:8, 134:13, 134:16, 134:21,
134:24, 135:4, 135:9, 135:20, 136:2,
136:7, 136:9, 136:11, 136:20, 136:23,
137:5, 137:11, 147:15, 155:23, 165:5,
180:24, 181:1, 181:3, 184:1, 184:11,
186:4, 186:8, 186:25, 187:14, 187:18,
195:17, 195:22, 196:16, 197:8,
209:25, 210:5, 210:14, 210:16,
210:19, 211:15, 211:21, 212:2, 212:6,
212:12, 212:18, 230:3, 231:16,
231:20, 231:22, 234:25, 245:16,
245:19, 245:21, 245:23, 246:9,
246:11, 252:7, 252:11, 252:14,
252:22, 252:24, 253:2, 253:5, 253:9,
253:16, 253:20, 253:23, 254:3, 254:6,
254:10, 254:17, 255:9, 255:11,
255:15, 255:19, 256:1, 256:5, 256:8,
256:13, 257:12, 257:24, 258:3, 258:9,
258:25, 259:24, 261:7, 262:5, 262:20,
262:25, 263:4, 263:7, 263:11, 263:13,
263:16, 263:19, 263:21, 263:23,
263:25, 264:6, 264:9, 264:15, 264:21,
265:5, 265:8, 265:11, 265:18, 265:24,
266:3, 266:6, 266:10, 266:16, 267:12,
267:16, 268:8, 268:14, 268:21,
268:25, 269:2, 269:4, 269:12, 270:6,
270:11, 271:6, 271:9, 271:16, 271:18,
271:24, 272:24, 273:23, 274:13,
274:21, 275:10, 275:24, 276:2, 276:6,
276:9, 276:15, 276:18, 277:21, 278:4,
279:17, 280:15, 281:2, 281:19,
281:22, 282:1, 282:23, 284:7, 284:24,
285:16, 286:16, 286:20, 287:16,
287:23, 288:5, 290:1, 290:25, 291:20,
291:24, 292:5, 292:10, 293:19,
293:23, 294:3, 294:7, 294:11, 294:19,
294:22, 295:1, 295:4, 295:18, 295:23,
296:7, 297:4, 297:10, 297:15, 297:17,
297:19, 298:14, 299:3, 299:9, 299:22,
300:6, 300:18, 300:22, 301:12,
301:15, 301:22, 302:2, 303:3, 303:15
COURT [18] - 274:12, 274:18, 276:25,
277:4, 277:8, 277:18, 280:22, 282:5,
284:13, 285:2, 288:17, 289:6, 289:11,
289:19, 293:21, 295:11, 298:11
COURT [7] - 138:3, 145:11, 182:21,
209:23, 277:4, 277:6, 287:17
COURT'S [2] - 269:18, 274:17
COURTHOUSE [2] - 185:20, 186:10
COURTROOM [8] - 134:15, 134:20,
136:22, 211:24, 212:17, 252:21,
256:4, 258:24
COURTROOM [1] - 137:13
COUSIN [15] - 141:17, 141:22, 143:7,
144:23, 150:2, 150:4, 158:7, 159:18,
159:23, 161:20, 173:12, 188:4,
201:17, 201:24, 241:1
COUSIN'S [1] - 150:7
COVERED [1] - 280:10
COVERS [1] - 266:6
CRACKER [4] - 225:24, 228:13, 228:20,
229:8
CRAZY [1] - 209:5
CREATE [11] - 192:7, 197:16, 197:19,
309
198:20, 198:23, 198:25, 199:3, 199:8,
233:6, 246:20, 247:17
CREATED [4] - 192:4, 232:23, 235:3,
255:2
CREDENTIALS [2] - 226:21, 227:4
CREDIBILITY [2] - 196:15, 197:6
CREDIT [6] - 154:16, 154:21, 175:3,
197:21, 198:1
CRIMINAL [2] - 257:17, 270:13
CROSS [2] - 131:4, 181:5
CROSS [5] - 180:24, 211:18, 257:12,
292:15, 298:23
CROSS-EXAMINATION [1] - 292:15
CROSS-EXAMINATION [1] - 181:5
CROSS-EXAMINATION........................
..181 [1] - 131:4
CROSSED [1] - 292:23
CRR [2] - 130:24, 303:15
CUELLAR [1] - 269:19
CULPABILITY [1] - 255:3
CUT [1] - 198:15
D
DAILY [5] - 150:12, 150:16, 189:4,
215:12, 215:18
DALLAS [2] - 221:1, 239:18
DARRELL [72] - 144:9, 144:10, 144:11,
144:15, 144:25, 150:23, 173:6, 173:8,
190:3, 190:5, 190:7, 190:16, 190:19,
190:21, 191:5, 191:8, 191:14, 192:10,
192:21, 192:24, 193:5, 193:7, 193:23,
193:25, 194:10, 194:13, 194:22,
194:23, 195:2, 195:11, 214:19,
223:25, 224:9, 225:14, 225:19,
225:24, 227:18, 228:5, 228:10,
228:17, 229:9, 230:7, 230:10, 231:2,
232:13, 232:14, 232:15, 232:21,
233:2, 233:5, 240:25, 241:15, 241:21,
242:6, 242:12, 246:6, 246:15, 246:20,
246:24, 247:7, 247:24, 248:7, 249:17,
249:23, 251:5, 273:8, 273:20, 290:20,
292:22, 293:1, 293:3
DATE [25] - 142:14, 146:3, 151:11,
152:3, 152:18, 154:8, 156:8, 156:11,
156:13, 157:19, 159:5, 159:7, 159:15,
171:19, 202:5, 203:25, 224:17,
224:19, 225:17, 235:17, 236:4,
257:17, 257:18
DATED [2] - 172:21, 231:8
DATES [3] - 142:15, 146:9, 176:7
DAVID [2] - 279:21, 279:24
DAVID [1] - 130:20
DAYS [2] - 177:1, 177:2
DAYS [1] - 1:5
DC [2] - 282:18, 285:22
DEAL [5] - 150:13, 173:12, 200:20,
200:24, 278:18
DEALS [1] - 201:3
DEALT [1] - 138:19
Case 1:20-cr-00296-JPB-CMS Document 1030 Filed 06/14/24 Page 181 of 198
DEANA [2] - 137:9, 179:7
DECADES [1] - 200:11
DECIDE [5] - 132:22, 161:22, 267:6,
267:17, 287:7
DECIDED [10] - 133:12, 189:8, 214:22,
241:4, 241:5, 253:6, 254:8, 283:12,
286:25
DECIDES [1] - 289:12
DECISION [15] - 132:4, 132:8, 135:15,
253:7, 253:21, 254:3, 254:6, 269:18,
269:19, 279:16, 287:3, 288:7, 289:3,
289:15, 291:7
DEFENDANT [19] - 209:21, 263:10,
263:18, 264:18, 264:23, 265:1, 267:5,
268:2, 270:4, 270:23, 274:15, 276:23,
277:1, 280:20, 288:12, 288:15, 289:1,
289:22, 289:23
DEFENDANT [10] - 179:3, 184:15,
244:21, 250:19, 296:11, 296:13,
296:16, 296:17, 297:7, 300:13
DEFENDANT [12] - 130:17, 130:20,
132:20, 133:1, 133:5, 133:14, 253:15,
253:19, 253:22, 254:2, 254:5, 254:9
DEFENDANT'S [2] - 167:7, 169:11
DEFENDANT'S [2] - 275:1, 277:7
DEFENDANT-FRIENDLY [2] - 276:23,
280:20
DEFENDANTS [1] - 296:19
DEFENDANTS [11] - 138:6, 262:10,
266:19, 268:5, 287:1, 287:3, 287:7,
291:18, 291:21, 296:4, 296:11
DEFENDANTS [1] - 130:8
DEFENDANTS' [2] - 254:18, 276:3
DEFENSE [20] - 137:17, 170:4, 255:6,
256:7, 259:15, 262:3, 268:3, 276:3,
276:22, 280:2, 280:9, 280:11, 281:10,
283:15, 284:6, 287:2, 291:14, 299:2,
300:19
DEFENSE [1] - 205:19
DEFER [1] - 268:10
DEFINE [2] - 269:20, 269:23
DEFINITELY [2] - 180:14, 180:15
DEFINITION [1] - 260:23
DELETE [5] - 265:8, 297:7, 297:10,
297:12, 300:11
DELETED [1] - 296:12
DELETING [1] - 268:22
DELIBERATE [5] - 272:4, 272:13,
272:22, 273:24, 298:3
DELIBERATE [1] - 274:24
DELIBERATELY [1] - 273:15
DELIBERATES [1] - 280:6
DELIBERATIONS [7] - 254:1, 258:16,
258:17, 258:19, 277:10, 280:6, 294:2
DEMAND [1] - 300:7
DENIED [2] - 285:14, 292:20
DENY [3] - 211:16, 262:6, 285:16
DEPARTMENT [3] - 283:8, 285:19,
287:19
DEPENDENT [1] - 288:25
DEPICT [1] - 164:10
DEPOSIT [5] - 148:5, 151:2, 173:2,
173:15, 213:25
DEPOSITED [2] - 152:4, 213:19
DEPOSITS [4] - 146:1, 172:18, 172:21,
241:11
DEPTH [1] - 167:5
DEPUTY [1] - 137:13
DERIVED [1] - 261:12
DESCRIBE [1] - 298:22
DESCRIBING [1] - 278:19
DESIGN [2] - 162:7, 271:2
DESIGNED [4] - 185:2, 250:25, 270:24,
271:3
DESIRED [2] - 277:7, 280:21
DESK [1] - 177:7
DESKTOP [2] - 177:9, 178:9
DESPERATE [3] - 228:13, 228:21,
229:8
DETAIL [2] - 215:5, 287:9
DETAINED [3] - 266:20, 266:24, 267:2
DIAGNOSED [1] - 188:7
DIFFERENT [7] - 147:16, 260:25,
270:13, 278:10, 279:13, 286:24,
300:25
DIFFERENTLY [1] - 147:16
DIRECT [2] - 183:19, 260:4
DIRECT [2] - 131:4, 137:23
DIRECTIVES [1] - 273:8
DIRECTLY [1] - 293:3
DISABLED [1] - 188:14
DISAGREE [3] - 185:13, 185:17, 299:14
DISAGREEMENT [1] - 183:3
DISAGREEMENTS [1] - 183:7
DISBURSED [1] - 145:19
DISCRETION [3] - 289:9, 289:14,
289:24
DISCUSS [11] - 134:25, 147:25, 161:1,
167:2, 252:15, 252:17, 265:5, 265:12,
265:18, 269:10, 296:2
DISCUSSED [8] - 135:21, 145:3,
160:23, 166:23, 212:6, 254:3, 254:6,
294:11
DISCUSSING [2] - 150:20, 224:9
DISCUSSION [8] - 134:7, 145:15,
150:20, 161:9, 212:14, 262:11, 263:6,
265:12
DISCUSSIONS [3] - 146:25, 166:25,
233:23
DISGUISE [2] - 269:24, 270:25
DISK [1] - 245:17
DISPUTE [2] - 195:20, 270:2
DISPUTES [1] - 298:17
DISRESPECT [1] - 195:12
DISRESPECTFUL [3] - 207:8, 207:25,
209:19
DISTRIBUTED [1] - 265:21
DISTRICT [6] - 130:1, 130:1, 130:10,
130:25, 303:3, 303:4
310
DISTRICT [3] - 270:20, 277:4, 277:6
DIVISION [1] - 130:2
DIVORCE [4] - 140:2, 140:4, 140:25,
202:17
DIVORCED [4] - 139:16, 139:19,
176:11, 176:14
DIVULGE [1] - 166:12
DIXON [13] - 281:23, 283:2, 283:6,
283:12, 283:15, 283:19, 284:3,
285:15, 285:25, 286:3, 286:22, 287:8,
302:7
DIXON'S [2] - 290:17, 290:19
DOCKET [1] - 299:17
DOCKET [2] - 1:6, 130:5
DOCTOR'S [1] - 197:16
DOCTORED [1] - 209:11
DOCUMENT [31] - 142:10, 142:18,
142:20, 146:12, 154:1, 154:4, 158:21,
158:24, 159:1, 159:10, 159:15,
160:17, 171:7, 171:10, 171:17,
171:21, 172:10, 178:1, 193:25,
194:10, 198:10, 200:4, 228:15,
230:18, 233:16, 233:17, 234:18,
235:10, 235:13, 236:1, 236:5
DOCUMENT [1] - 1:10
DOCUMENT [2] - 262:13, 299:15
DOCUMENTATION [2] - 191:13, 198:3
DOCUMENTS [17] - 164:6, 190:17,
192:4, 195:16, 196:2, 196:14, 196:19,
199:8, 199:25, 209:10, 235:2, 235:3,
236:6, 236:7, 236:15, 247:17, 299:18
DOG [1] - 281:20
DOLLAR [3] - 152:1, 152:21, 172:23
DOLLARS [1] - 200:18
DOMESTIC [1] - 159:3
DONE [13] - 134:25, 152:8, 162:12,
173:12, 211:10, 220:7, 224:23,
234:19, 238:1, 266:4, 283:13, 298:7,
299:8
DOUBT [5] - 193:17, 193:22, 260:10,
260:20, 262:10
DOWN [32] - 142:14, 148:7, 149:20,
151:7, 153:11, 154:18, 158:19, 159:9,
169:11, 169:12, 173:17, 173:18,
174:19, 175:15, 178:11, 180:9,
206:25, 207:1, 210:22, 212:23, 213:7,
216:1, 219:16, 231:5, 237:3, 251:13,
252:12, 257:24, 275:15, 285:23, 303:7
DOWNWARD [1] - 296:6
DOZENS [1] - 287:1
DRAFT [1] - 224:12
DRAFTED [1] - 197:24
DRINKS [2] - 167:15, 203:18
DRIVE [2] - 245:17, 245:18
DRIVER'S [2] - 197:13, 236:4
DRIVEWAY [2] - 218:2, 218:5
DRIVING [1] - 248:14
DUI [2] - 248:8, 248:15
DULY [2] - 135:8, 137:20
DURATION [1] - 148:21
Case 1:20-cr-00296-JPB-CMS Document 1030 Filed 06/14/24 Page 182 of 198
DURING [14] - 139:24, 148:20, 168:5,
176:25, 226:10, 229:15, 238:11,
238:16, 245:8, 246:25, 259:15,
259:17, 290:6, 293:13
DURRETT [4] - 132:15, 284:22, 287:24,
290:3
DURRETT [4] - 130:18, 285:1, 286:2,
287:25
DUTY [1] - 209:21
DYSFUNCTION [1] - 188:8
E
E-MAIL [29] - 190:10, 192:2, 192:22,
193:4, 193:11, 193:12, 193:18,
193:23, 193:24, 194:1, 194:2, 194:6,
194:9, 194:12, 194:21, 195:8, 195:10,
230:7, 231:25, 232:10, 232:20,
235:17, 235:23, 247:7, 249:23, 266:1,
273:5, 273:11
E-MAILED [6] - 173:21, 190:7, 193:23,
195:10, 231:2, 265:16
E-MAILING [1] - 193:15
E-MAILS [2] - 196:6, 210:12
EARLY [2] - 223:4, 258:22
EARNINGS [1] - 199:9
EASIER [1] - 301:25
EAT [1] - 239:21
ECONOMY [1] - 215:24
EDITING [1] - 267:4
EFFECT [1] - 270:1
EITHER [3] - 132:19, 253:17, 275:13
ELECTED [2] - 135:12, 284:25
ELEMENT [11] - 260:18, 260:25, 261:11,
261:17, 269:8, 269:20, 269:21,
270:21, 270:22, 277:15, 278:25
ELEMENTS [4] - 260:13, 260:16,
261:11, 261:25
ELEVENTH [11] - 269:19, 270:16,
272:11, 276:13, 276:21, 277:24,
278:5, 279:15, 280:19, 282:4, 282:5
ELICIT [1] - 210:6
EMPLOYEE [2] - 199:14, 246:5
EMPLOYEES [14] - 162:20, 168:25,
169:3, 216:7, 233:6, 233:7, 233:14,
246:18, 248:3, 248:18, 249:6, 249:14,
249:20
EMPLOYER'S [1] - 199:18
ENCROACHMENT [1] - 289:14
END [2] - 170:8, 211:18
ENDED [2] - 191:3, 218:18
ENGAGED [2] - 287:4
ENGAGING [1] - 278:15
ENTERED [4] - 134:15, 136:22, 212:17,
256:4
ENTERPRISE [4] - 151:12, 151:16,
151:17, 156:6
ENTERPRISES [3] - 156:19, 217:22,
248:22
ENTERS [1] - 279:25
ENTERTAINMENT [1] - 278:14
ENTIRE [1] - 297:8
ENTIRELY [1] - 268:12
ENTIRETY [3] - 227:8, 281:5, 302:10
ENTITIES [2] - 238:3, 295:10
ENTITLE [1] - 289:22
ENTITLED [4] - 159:1, 277:1, 278:1,
288:3
ENTRY [1] - 1:6
ENTRY [5] - 157:15, 172:20, 174:19,
175:17, 299:18
ER [1] - 252:19
ERR [1] - 277:5
ESCAPED [1] - 255:2
ESPECIALLY [4] - 177:21, 272:5,
273:21, 293:13
ESQ [6] - 130:14, 130:15, 130:15,
130:18, 130:18, 130:20
ESSENTIAL [1] - 269:21
ESSENTIALLY [2] - 237:15, 281:9
ESTABLISH [2] - 254:24, 259:11
ESTABLISHED [3] - 238:23, 272:14,
279:1
ESTATE [14] - 161:18, 182:10, 203:8,
205:9, 207:18, 210:10, 217:10,
217:18, 226:13, 228:24, 242:22,
243:10, 243:23, 244:5
ET [1] - 284:20
EVENING [5] - 258:22, 291:10, 291:15,
293:20, 302:12
EVENTS [2] - 247:10, 247:25
EVENTUALLY [1] - 223:24
EVIDENCE [30] - 155:20, 196:15, 244:6,
254:18, 255:6, 258:10, 258:17,
259:13, 260:5, 260:9, 260:13, 262:7,
264:17, 265:7, 266:21, 267:5, 272:7,
272:12, 272:13, 272:14, 273:4,
273:14, 273:21, 274:3, 276:24,
277:18, 279:7, 280:14, 280:20, 284:4
EX [12] - 141:3, 148:12, 148:20, 149:1,
169:25, 170:17, 174:4, 176:10,
179:17, 185:6, 234:10, 251:4
EX-WIFE [9] - 141:3, 148:20, 149:1,
169:25, 170:17, 174:4, 176:10, 185:6,
251:4
EX-WIFE'S [3] - 148:12, 179:17, 234:10
EXACT [3] - 186:6, 224:17, 246:4
EXACTLY [1] - 280:22
EXAGGERATION [1] - 278:18
EXAMINATION [7] - 137:23, 181:5,
232:3, 243:15, 250:8, 256:20, 257:14
EXAMINATION [1] - 292:15
EXAMINATION..........................181 [1] -
131:4
EXAMINATION.........................137 [1] -
131:4
EXAMINATION........................243 [1] -
131:5
EXAMINATION.......................232 [1] -
131:5
311
EXAMINATION................257 [1] - 131:9
EXAMINATION...............250 [1] - 131:6
EXAMINATION...............256 [1] - 131:8
EXAMINED [2] - 137:21, 256:17
EXAMPLE [2] - 201:1, 250:19
EXCEPTION [1] - 289:7
EXCEPTIONS [1] - 289:25
EXCERPTS [1] - 302:8
EXCHANGE [1] - 265:1
EXCHANGED [2] - 209:6, 227:22
EXCULPATORY [1] - 289:10
EXCUSE [6] - 156:17, 183:22, 197:17,
200:21, 250:18, 252:23
EXCUSED [3] - 252:13, 252:23, 257:25
EXHIBIT [7] - 151:13, 154:1, 160:13,
160:18, 169:9, 170:4, 251:25
EXHIBIT [32] - 142:7, 143:12, 143:15,
145:25, 146:13, 148:6, 149:20, 151:6,
158:18, 160:15, 167:8, 168:10,
169:11, 170:3, 170:25, 172:8, 178:1,
191:25, 192:16, 194:12, 194:19,
205:19, 205:22, 210:24, 212:23,
213:7, 220:14, 229:22, 230:25,
231:24, 237:1
EXHIBITS [2] - 163:21, 245:12
EXHIBITS [16] - 148:9, 163:22, 164:1,
170:25, 229:22, 245:12, 245:21,
245:22, 295:16, 297:25, 298:1, 298:4,
298:5, 298:11, 298:12, 298:19
EXIST [1] - 206:10
EXISTENCE [1] - 149:10
EXISTS [2] - 206:2, 206:4
EXITED [4] - 134:20, 211:24, 252:21,
258:24
EXPECTATION [1] - 268:5
EXPECTED [1] - 283:18
EXPENSES [1] - 157:11
EXPERIENCE [1] - 234:22
EXPERIMENT [1] - 278:16
EXPIRATION [1] - 236:4
EXPLAIN [1] - 180:8
EXPLAINED [7] - 180:10, 182:14,
183:10, 270:22, 271:5, 276:22, 295:11
EXTENT [1] - 298:16
F
F.3D [1] - 288:9
F.APP'X [5] - 276:13, 276:15, 276:17,
278:7, 282:4
FABRICATED [2] - 195:2, 195:5
FABRICATION [1] - 196:14
FACED [1] - 290:4
FACILITY [1] - 165:13
FACT [6] - 185:9, 188:14, 229:17,
253:25, 261:19, 262:9
FACTS [10] - 182:22, 183:2, 183:3,
183:10, 186:23, 268:20, 272:21,
277:3, 277:13, 279:3
FACTUAL [6] - 182:15, 182:19, 238:12,
Case 1:20-cr-00296-JPB-CMS Document 1030 Filed 06/14/24 Page 183 of 198
251:13, 277:8, 280:21
FAILURE [1] - 289:20
FAIR [4] - 164:9, 179:22, 199:24, 271:9
FAITH [1] - 290:21
FAKE [29] - 191:8, 191:11, 191:13,
191:15, 191:19, 192:4, 192:7, 192:20,
193:6, 195:11, 196:2, 196:22, 196:24,
197:16, 197:19, 198:20, 198:23,
198:25, 199:3, 199:4, 199:8, 199:25,
233:6, 233:13, 235:3, 236:1, 236:7
FAMILY [1] - 201:15
FAR [12] - 166:15, 170:6, 170:7, 196:3,
196:20, 255:12, 262:1, 271:11, 278:1,
291:16, 296:20, 298:10
FAULT [1] - 137:2
FAVORABLE [9] - 262:8, 267:25,
283:15, 284:3, 285:4, 285:9, 285:15,
289:2, 290:20
FAVORABLY [1] - 284:6
FBI [9] - 170:12, 189:25, 224:2, 224:3,
224:6, 225:24, 227:6, 227:10, 227:16
FEBRUARY [1] - 130:11
FEBRUARY [2] - 302:14, 303:9
FEELINGS [1] - 268:9
FEES [4] - 150:12, 169:17, 215:18,
237:25
FELONY [1] - 264:4
FELT [1] - 202:14
FEW [6] - 138:22, 168:17, 200:3, 209:3,
226:8, 275:15
FIFTH [17] - 133:3, 135:1, 135:23,
253:13, 277:22, 282:13, 282:16,
283:20, 283:22, 283:24, 287:8, 288:8,
288:10, 288:11, 288:17, 288:22,
289:21
FIGURED [2] - 247:1, 247:2
FILE [3] - 140:24, 202:16, 271:22
FILED [3] - 1:3, 1:8, 1:10
FILED [4] - 140:2, 140:4, 265:20, 265:22
FILINGS [2] - 291:10, 297:22
FILL [5] - 150:8, 150:9, 229:17, 233:13,
273:18
FILLED [6] - 143:16, 230:21, 232:7,
246:5, 250:3, 272:16
FILLING [1] - 281:8
FINAL [1] - 139:23
FINALLY [3] - 145:18, 180:6, 232:20
FINANCES [1] - 162:21
FINANCIAL [2] - 260:7, 261:18
FINANCING [2] - 241:22
FINDINGS [2] - 277:8, 280:21
FINE [7] - 151:5, 154:2, 212:12, 255:18,
264:8, 294:8, 301:17
FINISH [1] - 295:23
FIRST [30] - 132:18, 138:3, 141:22,
148:11, 160:13, 171:23, 172:20,
174:2, 174:19, 194:7, 194:15, 198:14,
201:24, 213:9, 217:1, 217:4, 225:9,
228:16, 236:15, 253:13, 269:16,
272:24, 276:3, 282:2, 283:5, 288:6,
296:5, 296:13, 301:7, 301:9
FIRST [1] - 282:17
FIVE [3] - 205:8, 254:16
FIX [1] - 296:18
FLAGPOLE [1] - 290:7
FLESH [1] - 239:13
FLIPPED [1] - 299:24
FLY [1] - 290:4
FOCUS [1] - 186:1
FOCUSED [1] - 187:11
FOLLOW [3] - 239:11, 243:5, 246:4
FOLLOW-UP [1] - 243:5
FOLLOWING [1] - 1:2
FOLLOWS [7] - 137:21, 212:1, 212:16,
255:25, 256:18, 275:23, 302:14
FOOTNOTE [2] - 282:3, 282:10
FOR [2] - 1:5, 130:1
FORCED [1] - 293:5
FOREGOING [1] - 303:6
FORGOT [4] - 134:17, 137:1, 227:13,
266:10
FORGOTTEN [1] - 195:5
FORM [18] - 140:24, 143:17, 171:6,
232:7, 233:13, 233:24, 236:25, 250:2,
299:11, 299:16, 299:20, 299:23,
300:3, 300:22, 301:19, 302:3, 302:4
FORMALLY [3] - 136:16, 255:13,
255:21
FORMED [1] - 172:3
FORMS [5] - 159:24, 199:3, 199:5,
299:4, 299:6
FORTH [9] - 153:12, 163:18, 164:24,
168:20, 178:21, 189:25, 210:4, 240:1,
277:14
FOSTER [34] - 132:4, 132:12, 133:11,
137:4, 138:7, 253:10, 254:24, 255:7,
257:8, 259:5, 259:18, 259:21, 263:1,
265:14, 267:1, 274:9, 274:10, 274:20,
275:4, 277:13, 279:5, 279:9, 282:3,
290:21, 292:21, 292:22, 292:24,
293:7, 293:12, 293:13, 296:20,
299:19, 299:24, 301:18
FOSTER [11] - 130:7, 130:17, 132:20,
133:1, 133:5, 133:14, 253:19, 253:22,
254:2, 254:5, 254:9
FOSTER'S [9] - 254:21, 270:9, 271:13,
277:12, 284:25, 292:18, 292:24,
293:1, 301:1
FOUNDATION [3] - 147:8, 161:7,
164:15
FOUNDERS [1] - 172:5
FOUR [3] - 194:24, 205:8, 291:18
FRAME [4] - 146:12, 149:9, 176:6,
177:21
FRANKLY [3] - 273:24, 284:21, 299:11
FRAUD [15] - 182:6, 189:12, 202:6,
257:9, 260:21, 260:23, 260:25, 261:3,
261:13, 261:15, 261:16, 261:20,
261:21, 271:19, 287:5
FRAUDULENT [10] - 147:5, 148:3,
312
161:15, 170:22, 179:23, 234:24,
246:7, 246:20, 247:2, 251:1
FRAUDULENTLY [2] - 185:3, 232:23
FREEZING [1] - 276:20
FREQUENTLY [1] - 274:5
FRIEND [1] - 151:22
FRIENDLY [2] - 276:23, 280:20
FROM [1] - 1:9
FRONT [10] - 136:17, 137:12, 205:11,
206:16, 206:22, 235:17, 244:11,
250:11, 262:13, 286:18
FULFILLING [1] - 277:9
FULL [1] - 1:9
FULL [4] - 138:2, 292:6, 292:7, 292:10
FULLY [2] - 265:2, 270:3
FUN [1] - 278:15
FUNCTION [1] - 189:1
FUNCTIONING [1] - 189:4
FUND [1] - 144:18
FUNDING [2] - 146:16, 170:14
FUNDS [24] - 151:1, 158:8, 158:14,
160:2, 160:8, 161:15, 169:14, 170:15,
185:24, 186:2, 186:17, 187:4, 187:8,
187:12, 191:2, 191:3, 241:19, 251:17,
259:14, 259:16, 260:6, 260:7, 272:9,
273:7
FURTHER [6] - 131:6, 131:8, 131:9,
250:8, 256:20, 257:14
FUTILE [1] - 290:14
G
GAIN [1] - 273:16
GAINES [4] - 131:3, 135:3, 137:19,
138:4
GAINES [168] - 134:3, 134:25, 135:8,
136:4, 136:12, 137:7, 137:12, 137:17,
138:4, 138:6, 141:7, 141:11, 141:13,
141:17, 141:22, 141:25, 142:4,
142:10, 143:8, 143:14, 143:18,
143:20, 144:1, 144:4, 144:15, 144:24,
145:4, 145:7, 145:10, 145:19, 146:15,
146:23, 147:5, 149:24, 150:21, 155:5,
158:15, 160:5, 160:23, 160:24,
161:23, 163:22, 164:19, 165:25,
166:19, 166:24, 170:6, 170:24,
171:16, 172:20, 178:16, 179:1, 181:7,
181:10, 182:9, 183:8, 183:11, 183:12,
184:4, 184:14, 184:15, 184:16,
184:23, 185:9, 185:10, 185:12, 186:1,
186:10, 186:12, 187:9, 187:13,
187:20, 187:21, 188:1, 189:6, 189:11,
189:12, 189:18, 190:13, 190:15,
190:20, 190:23, 191:4, 191:9, 191:11,
191:19, 192:2, 192:8, 192:19, 193:4,
193:6, 194:22, 196:1, 196:11, 196:18,
197:10, 199:19, 201:17, 201:19,
207:6, 207:12, 208:10, 209:7, 209:13,
211:1, 212:3, 212:11, 213:1, 213:9,
213:12, 214:23, 215:10, 220:16,
Case 1:20-cr-00296-JPB-CMS Document 1030 Filed 06/14/24 Page 184 of 198
221:23, 221:25, 222:16, 222:18,
222:21, 222:24, 223:4, 223:12,
223:15, 223:18, 224:6, 224:10,
226:17, 228:3, 229:10, 229:11,
231:18, 235:2, 238:23, 239:23,
240:22, 243:17, 244:10, 244:16,
244:21, 244:22, 245:3, 246:7, 246:14,
246:22, 250:10, 250:20, 250:23,
252:6, 260:3, 264:24, 268:1, 268:18,
272:6, 272:15, 273:8, 273:10, 273:19,
287:9, 296:11, 296:14, 296:19, 297:7,
297:11, 297:12
GAINES'S [10] - 150:6, 185:6, 196:13,
197:6, 220:19, 224:12, 224:13, 251:3,
273:3, 273:25
GAINESMARTY@GMAIL.COM [4] -
190:10, 193:12, 194:13, 194:21
GAINING [1] - 267:25
GATHERED [1] - 209:10
GEARS [1] - 200:7
GEICO [2] - 175:17, 175:25
GENA [5] - 254:24, 255:6, 257:8,
292:18, 292:21
GENERAL [2] - 168:18, 278:20
GENERALIZED [1] - 188:8
GENERALLY [3] - 176:6, 260:2, 278:21
GENTLEMAN [1] - 144:6
GENTLEMEN [5] - 134:17, 136:25,
211:22, 252:14, 258:9
GEORGIA [4] - 157:3, 216:1, 221:1,
239:18
GEORGIA [4] - 130:1, 130:25, 132:1,
303:4
GIRL [2] - 157:23, 157:24
GIVEN [14] - 207:6, 267:23, 272:6,
272:19, 272:23, 274:5, 277:6, 279:16,
280:11, 283:15, 284:2, 286:11, 286:23
GLOBAL [2] - 215:22, 221:22
GM [1] - 157:21
GOODIE [1] - 271:12
GOOGLE [2] - 243:21, 244:1
GOVERNMENT [1] - 130:14
GOVERNMENT [11] - 170:3, 191:25,
194:12, 194:19, 210:24, 212:22,
213:6, 220:14, 229:22, 230:24, 245:12
GOVERNMENT [43] - 170:24, 183:23,
235:3, 254:13, 255:17, 259:9, 259:21,
262:8, 264:25, 265:15, 267:5, 268:6,
270:8, 273:18, 274:9, 274:22, 275:13,
276:4, 279:6, 279:10, 279:25, 280:4,
282:14, 283:2, 285:12, 285:14,
285:16, 286:3, 286:10, 286:14,
286:19, 286:22, 287:10, 288:14,
288:24, 289:18, 290:10, 290:15,
292:16, 292:25, 293:10, 300:19,
300:24
GOVERNMENT'S [15] - 142:7, 143:11,
143:14, 145:25, 146:13, 148:6,
149:20, 151:6, 158:18, 160:15,
170:25, 172:7, 177:25, 231:23, 237:1
GOVERNMENT'S [23] - 160:17, 184:10,
232:6, 254:18, 255:22, 260:8, 266:22,
275:3, 275:4, 275:24, 279:23, 281:3,
281:14, 282:6, 282:11, 282:20,
284:14, 288:13, 288:20, 288:21,
289:3, 289:5, 289:20
GRANT [19] - 282:7, 282:12, 282:20,
283:2, 283:6, 283:12, 284:5, 284:15,
285:5, 285:13, 285:20, 285:25,
286:22, 287:20, 288:14, 288:22,
289:4, 289:15, 289:20
GREAT [4] - 266:21, 273:18, 278:18,
287:9
GREATER [1] - 287:19
GROUND [1] - 215:25
GROUNDS [2] - 254:22, 261:22
GROWING [1] - 204:11
GUESS [29] - 133:8, 157:22, 172:18,
175:17, 176:6, 186:25, 192:6, 203:24,
204:22, 212:10, 212:11, 219:20,
222:9, 237:14, 238:11, 240:21,
242:16, 255:12, 255:15, 269:6,
271:11, 275:13, 277:23, 278:4, 278:7,
281:20, 284:12, 295:4, 300:24
GUIDANCE [1] - 277:10
GUILT [1] - 262:9
GUILTY [20] - 138:12, 181:19, 181:22,
182:13, 182:15, 182:17, 182:18,
254:19, 254:25, 261:2, 300:25, 301:5,
301:6, 301:8, 301:21, 302:5
GUILTYS [2] - 301:20
GUY [2] - 209:4, 227:16
GUYS [4] - 207:25, 209:9, 209:15, 211:9
H
HACK [1] - 195:9
HACKED [1] - 195:10
HALF [1] - 265:23
HALL [1] - 275:15
HALT [1] - 215:25
HAND [2] - 235:15, 237:7
HANDED [3] - 163:25, 164:6, 215:17
HANDLE [2] - 169:21, 221:1
HANDLING [1] - 162:21
HANDS [1] - 162:23
HANDWRITING [2] - 213:25, 230:18
HANG [2] - 239:16, 239:21
HAPPY [5] - 272:25, 281:5, 284:24,
298:16, 298:20
HAS [1] - 1:8
HAUL [1] - 239:19
HEAD [3] - 204:5, 272:8, 295:3
HEAR [17] - 255:21, 258:11, 269:15,
270:7, 272:3, 272:24, 272:25, 274:8,
281:5, 284:7, 284:8, 284:12, 284:24,
295:24, 297:5, 297:21
HEARD [7] - 184:1, 210:2, 271:19,
272:14, 272:21, 283:5, 283:10
HEARING [14] - 182:25, 183:17, 183:24,
313
184:5, 187:8, 195:1, 195:4, 238:12,
238:17, 239:7, 244:10, 245:8, 292:18,
292:24
HEARSAY [1] - 145:8
HEART [1] - 274:2
HEDGE [1] - 241:19
HELD [1] - 132:1
HELD [8] - 141:2, 180:17, 272:11,
277:4, 282:11, 282:20, 284:20, 288:21
HELP [4] - 169:18, 224:21, 229:5,
273:18
HELP [1] - 224:23
HELPED [1] - 143:7
HEREBY [2] - 279:20, 303:6
HEREIN [2] - 137:20, 256:17
HERSELF [2] - 250:3, 272:16
HIDE [4] - 141:9, 214:24, 220:9, 232:17
HIDING [3] - 292:21, 293:2, 293:6
HIGHLIGHT [5] - 143:23, 145:25, 146:9,
171:6, 178:2
HIGHLIGHTED [2] - 250:13, 280:23
HIRANI [22] - 142:6, 143:4, 143:11,
143:22, 145:24, 146:8, 148:7, 149:19,
151:4, 152:13, 153:25, 158:17,
158:24, 159:4, 159:9, 165:7, 169:10,
171:7, 171:13, 172:16, 173:17, 176:4
HIRE [3] - 169:3, 237:22, 237:23
HIRING [1] - 187:7
HISTORICAL [1] - 168:1
HISTORY [4] - 188:20, 188:25, 189:5,
204:12
HOLD [8] - 132:23, 141:3, 155:11,
218:14, 263:21, 276:25, 295:23, 298:4
HOLDING [1] - 270:18
HOLLAND [10] - 191:24, 192:14, 194:3,
194:18, 210:23, 212:22, 213:23,
214:6, 230:5, 232:1
HOLLAND [1] - 192:15
HOLLMAN [3] - 247:12, 247:15, 247:19
HOME [1] - 176:10
HONEST [2] - 167:14, 190:5
HONOR [118] - 132:6, 132:10, 133:10,
133:19, 133:23, 134:10, 134:11,
134:23, 136:5, 136:6, 136:8, 136:10,
137:4, 137:16, 145:8, 147:13, 164:14,
165:3, 165:6, 180:25, 183:22, 184:9,
186:5, 187:17, 195:18, 196:13, 197:6,
208:4, 209:20, 210:6, 210:15, 210:18,
211:13, 212:21, 225:22, 229:21,
231:15, 243:13, 245:11, 245:20,
245:22, 245:25, 246:10, 252:9,
252:10, 252:23, 254:15, 254:20,
256:7, 256:10, 257:11, 257:22,
257:23, 258:2, 258:5, 259:3, 259:23,
261:9, 262:1, 262:19, 262:21, 263:9,
264:8, 264:10, 264:16, 266:14,
266:15, 267:9, 267:10, 267:11,
267:22, 268:24, 269:1, 269:11,
269:17, 270:12, 271:8, 271:15, 272:4,
274:11, 274:16, 275:7, 276:1, 276:5,
Case 1:20-cr-00296-JPB-CMS Document 1030 Filed 06/14/24 Page 185 of 198
276:7, 276:12, 276:19, 276:21, 278:3,
278:8, 278:22, 279:18, 281:25, 282:2,
282:22, 282:25, 284:22, 285:1,
285:12, 286:2, 287:14, 287:25, 288:4,
290:8, 291:16, 292:13, 293:21,
293:25, 294:9, 294:15, 295:9, 295:19,
295:22, 297:18, 298:10, 299:1,
299:17, 301:17
HONORABLE [1] - 130:10
HOPE [5] - 252:25, 258:22, 292:9,
292:11, 302:12
HOPES [1] - 267:25
HOUR [3] - 265:23, 292:3, 298:4
HOURS [1] - 274:1
HOUSE [14] - 176:9, 176:15, 176:25,
177:12, 177:16, 177:19, 178:6,
178:23, 223:10, 224:16, 225:6,
225:25, 239:20, 242:19
HOUSEHOLD [1] - 157:11
HOUSING [1] - 166:22
HOWEVER [1] - 1:8
HUGE [1] - 272:17
HUNG [1] - 189:3
HUNT [1] - 281:20
HUSBAND [1] - 293:2
HYPOTHETICALS [2] - 278:20
I
IBM [1] - 149:5
IDEA [5] - 145:3, 166:10, 229:11,
243:25, 278:21
IDENTIFICATION [2] - 225:3, 262:22
IDENTIFIED [1] - 163:23
IDENTIFIES [1] - 278:24
IDENTIFY [2] - 259:21, 290:21
IDENTIFYING [1] - 257:2
IDENTITY [1] - 197:20
IGNORANCE [4] - 272:5, 272:14,
272:22, 273:24
IGNORANCE [1] - 274:24
ILLEGAL [2] - 260:6, 273:16
IMAGE [3] - 149:21, 152:14, 169:11
IMAGES [1] - 151:8
IMAGINATION [1] - 278:18
IMAGINATIVE [1] - 278:15
IMAGINE [1] - 273:24
IMMUNITY [24] - 282:7, 282:12, 282:21,
283:2, 283:5, 283:7, 283:12, 284:5,
284:15, 285:5, 285:13, 285:20, 286:1,
286:11, 286:15, 286:22, 287:20,
288:14, 288:22, 289:4, 289:16,
289:20, 290:4
IMMUNIZE [1] - 289:13
IMPACT [1] - 280:6
IMPEACHED [2] - 264:4, 264:12
IMPEACHMENT [1] - 196:14
IMPEDIMENT [1] - 188:22
IMPERMISSIBLY [1] - 277:7
IMPLIES [1] - 293:12
IMPORTANT [1] - 228:8
IMPORTANTLY [1] - 258:15
IMPOSES [1] - 287:19
IMPRESSION [1] - 299:13
IN [3] - 1:3, 1:4, 132:1
INACCURATE [1] - 270:20
INAPPROPRIATE [1] - 261:23
INBOX [1] - 266:1
INCLINED [1] - 281:3
INCLUDE [2] - 228:5, 232:14
INCLUDED [3] - 270:14, 280:13, 282:10
INCLUDES [1] - 266:1
INCLUDING [2] - 258:15, 258:20
INCOME [1] - 166:17
INCONSISTENT [4] - 187:3, 292:17,
293:11, 301:11
INCRIMINATE [1] - 135:24
INCRIMINATION [1] - 253:14
INDEED [1] - 135:22
INDICATE [2] - 289:9, 290:12
INDICATED [2] - 133:15, 147:22
INDICATION [3] - 290:14, 293:1, 293:5
INDICTMENT [9] - 138:10, 138:13,
138:15, 294:10, 295:12, 295:13,
295:16, 300:11, 300:16
INDIVIDUALS [1] - 254:25
INFERENCE [3] - 283:25, 285:6, 289:16
INFERS [1] - 273:5
INFIDELITY [4] - 140:8, 140:9, 140:19,
202:18
INFORMATION [31] - 140:22, 153:12,
156:16, 156:17, 158:3, 166:13,
178:20, 179:23, 180:10, 189:20,
199:21, 205:20, 208:1, 208:4, 208:7,
208:13, 209:9, 209:10, 211:9, 219:6,
220:7, 221:5, 221:6, 221:13, 225:18,
227:15, 243:9, 246:5, 246:6, 257:18,
293:9
INFORMER [3] - 279:23, 280:1, 280:4
INITIAL [2] - 238:9, 238:13
INITIALS [1] - 237:7
INNOCENCE [1] - 301:6
INSTANCE [1] - 175:2
INSTEAD [5] - 229:8, 250:25, 252:18,
277:8, 279:2
INSTEAD [1] - 185:2
INSTRUCT [5] - 152:10, 274:18, 277:19,
284:3, 293:21
INSTRUCTED [3] - 260:22, 261:1,
279:20
INSTRUCTING [1] - 280:4
INSTRUCTION [44] - 132:23, 253:24,
260:17, 260:24, 262:22, 264:24,
266:20, 267:7, 269:23, 270:23, 272:5,
272:11, 272:23, 274:2, 274:10, 275:2,
276:22, 277:1, 277:3, 277:5, 277:6,
277:12, 277:19, 278:9, 278:13, 279:4,
279:12, 279:14, 279:15, 279:18,
279:19, 280:4, 280:9, 280:14, 282:8,
282:22, 282:25, 284:16, 286:21,
314
288:3, 289:12, 289:22, 298:2
INSTRUCTIONS [14] - 258:11, 258:14,
262:12, 262:14, 270:17, 270:19,
278:23, 280:11, 280:13, 294:1,
295:15, 295:20, 296:3, 298:3
INSUFFICIENT [1] - 270:19
INSURANCE [3] - 175:17, 175:23,
175:24
INTELLIGENCE [1] - 248:15
INTEND [1] - 254:23
INTENDED [1] - 246:2
INTENT [2] - 166:21, 259:12
INTERACTING [1] - 278:11
INTERESTED [5] - 166:24, 205:12,
206:19, 207:15, 284:8
INTERNET [3] - 177:13, 278:14, 278:15
INTERRUPTION [1] - 282:24
INTERVIEW [1] - 242:16
INTERVIEWED [3] - 223:3, 223:15,
223:18
INTERVIEWS [1] - 243:5
INTOXICATED [1] - 203:16
INTRODUCED [1] - 144:6
INTRODUCTION [1] - 296:3
INVESTIGATION [5] - 228:4, 228:6,
228:7, 256:25, 257:9
INVOKE [4] - 135:23, 283:22, 283:24,
287:8
INVOKED [1] - 283:20
INVOKES [3] - 282:13, 288:22, 289:21
INVOLVED [11] - 144:11, 146:22,
161:19, 202:6, 228:4, 234:17, 234:23,
236:12, 272:15, 280:18, 297:24
INVOLVEMENT [6] - 144:3, 187:21,
189:12, 196:11, 196:14, 255:7
INVOLVES [3] - 138:7, 261:18, 281:23
IS [1] - 1:2
ISSUE [29] - 197:7, 212:2, 253:12,
260:16, 266:19, 267:21, 269:7, 269:9,
271:19, 271:22, 274:14, 274:16,
279:19, 280:17, 282:6, 282:19,
284:14, 284:23, 286:23, 288:8, 290:4,
292:14, 292:19, 297:5, 298:9, 300:9,
300:24, 302:7, 302:9
ISSUES [6] - 188:9, 269:6, 277:10,
277:11, 299:5, 299:25
IT'LL [2] - 136:15, 291:10
ITSELF [2] - 165:22, 289:22
J
J-20 [2] - 164:1, 164:12
J-21 [1] - 165:15
J-22 [2] - 165:20, 168:12
J-23 [1] - 167:8
J-24 [2] - 167:20, 167:22
J-25 [2] - 164:1, 168:3
J-O-H-N [1] - 138:4
J.P [1] - 130:10
J13 [2] - 156:3, 216:15
Case 1:20-cr-00296-JPB-CMS Document 1030 Filed 06/14/24 Page 186 of 198
J20 [2] - 205:17, 205:19
J21 [1] - 205:22
J22 [1] - 206:12
JACKSON [3] - 130:6, 130:20, 253:15
JACKSON [114] - 135:12, 137:15,
137:16, 138:7, 138:10, 138:23,
138:25, 139:2, 139:8, 139:15, 139:19,
140:4, 140:13, 140:18, 140:21, 141:3,
142:24, 146:21, 147:1, 147:4, 147:21,
147:25, 151:25, 152:10, 152:24,
153:16, 154:11, 155:6, 155:18,
155:19, 156:3, 161:2, 161:11, 161:13,
162:3, 163:9, 163:21, 166:2, 167:2,
167:18, 168:9, 170:6, 170:13, 172:3,
173:14, 174:12, 175:21, 176:2, 178:2,
178:6, 179:3, 179:24, 180:13, 185:6,
187:12, 200:8, 201:10, 202:3, 210:24,
213:17, 213:19, 214:8, 215:2, 215:9,
216:9, 216:18, 216:23, 218:2, 218:8,
218:13, 221:15, 223:4, 224:7, 224:12,
229:10, 229:14, 229:17, 231:12,
233:9, 233:13, 233:20, 234:4, 234:17,
235:23, 235:25, 236:9, 236:14,
239:13, 240:21, 241:7, 241:9, 241:25,
249:23, 250:1, 251:4, 251:16, 252:1,
253:5, 253:9, 263:1, 272:8, 273:6,
273:9, 273:15, 274:7, 274:18, 274:19,
275:3, 294:4, 296:17, 300:4, 300:13,
300:23
JACKSON'S [15] - 177:12, 177:16,
178:23, 200:9, 213:4, 213:25, 223:10,
224:16, 225:6, 230:18, 231:5, 237:5,
299:21, 301:21, 302:3
JAN1.PDF [1] - 194:15
JANUARY [1] - 194:16
JOB [1] - 149:15
JOBS [2] - 234:12, 241:16
JOHN [6] - 137:7, 137:17, 138:4, 260:3,
268:18, 273:8
JOHN [1] - 135:8
JOHN [1] - 137:19
JOHNSON [1] - 269:19
JOSEPH [2] - 131:7, 256:16
JP [1] - 135:10
JUDGE [40] - 134:1, 134:2, 134:5,
145:9, 164:13, 165:1, 180:22, 182:13,
182:17, 183:2, 185:12, 186:1, 186:24,
187:2, 187:13, 197:5, 230:1, 231:21,
234:21, 243:14, 252:5, 253:4, 255:18,
258:7, 260:14, 261:6, 263:22, 268:19,
270:9, 271:22, 273:4, 273:17, 273:22,
292:3, 292:9, 297:16, 299:5, 299:8,
300:5, 300:14
JUDGE [1] - 130:10
JUDGE [17] - 135:11, 145:13, 155:19,
185:22, 186:22, 196:9, 197:2, 245:14,
255:10, 260:1, 271:21, 273:3, 281:10,
281:17, 294:16, 296:1, 301:4
JUDGMENT [1] - 259:4
JUDICIAL [2] - 277:2, 289:14
JULY [5] - 181:10, 218:3, 218:5, 223:4,
224:15
JUMP [3] - 245:17, 245:18, 290:8
JUNCTURE [1] - 262:6
JUNE [23] - 156:12, 156:13, 157:20,
171:21, 172:15, 172:21, 174:19,
174:20, 175:2, 175:9, 175:12, 177:22,
184:15, 215:9, 215:24, 216:18,
216:20, 218:9, 218:10, 219:5, 244:20,
250:19
JURY [81] - 132:23, 133:21, 134:9,
134:14, 134:15, 134:17, 134:20,
136:14, 136:17, 136:22, 136:25,
137:12, 140:21, 143:25, 145:6, 149:2,
152:1, 152:6, 156:2, 162:19, 176:17,
186:15, 193:14, 211:22, 211:24,
212:9, 212:17, 226:11, 226:12,
228:24, 229:3, 239:14, 252:14,
252:21, 253:24, 255:2, 256:1, 256:3,
256:4, 258:10, 258:24, 260:17,
260:22, 261:1, 261:24, 262:12,
262:14, 270:3, 270:16, 270:19, 271:3,
272:7, 272:12, 274:19, 277:9, 277:19,
279:20, 280:5, 280:10, 280:11,
280:13, 280:14, 281:8, 283:11,
283:20, 283:24, 284:1, 284:3, 284:4,
291:4, 291:12, 293:9, 293:22, 293:25,
294:1, 294:10, 295:12, 295:15,
295:20, 298:12, 300:12
JURY [1] - 130:9
JUSTICE [4] - 204:7, 283:8, 285:19,
287:19
K
KAUSHAL [1] - 130:15
KEEP [9] - 151:7, 162:22, 209:17,
214:9, 222:8, 236:18, 240:22, 302:3
KEEPING [3] - 202:10, 202:19, 203:3
KEEPS [1] - 195:20
KEPT [4] - 179:22, 180:9, 210:11,
236:14
KID [1] - 204:12
KIDS [2] - 141:5, 180:20
KIND [20] - 145:5, 147:22, 148:23,
150:17, 153:23, 162:7, 166:21, 168:1,
168:18, 169:21, 170:21, 172:5, 175:7,
177:2, 177:8, 180:19, 233:16, 241:22,
273:5, 281:9
KINDS [1] - 162:3
KNOWING [1] - 251:17
KNOWLEDGE [12] - 146:18, 147:4,
147:22, 150:11, 233:20, 260:5,
272:10, 272:13, 273:6, 273:16, 275:2,
279:8
KNOWLEDGE [1] - 274:25
KNOWN [4] - 139:4, 234:7, 234:17,
234:21
KNOWS [5] - 136:13, 200:20, 200:24,
201:1, 201:8
315
L
L-SHAPED [1] - 204:22
LABELED [1] - 298:17
LACK [2] - 147:7, 161:6
LADIES [5] - 134:17, 136:25, 211:22,
252:14, 258:9
LAID [2] - 164:15, 251:13
LANGUAGE [12] - 269:7, 269:15,
269:18, 270:1, 270:10, 270:12,
270:15, 271:13, 279:3, 279:5, 296:5,
300:19
LAPTOP [3] - 177:9, 178:9
LARGE [3] - 148:5, 151:2, 200:13
LARGE-SCALE [1] - 200:13
LARGER [1] - 138:19
LAST [6] - 138:3, 175:17, 179:19,
212:23, 261:9, 265:25
LATE [1] - 189:7
LAUNDERING [6] - 138:17, 182:2,
259:12, 269:22, 270:5, 300:12
LAW [15] - 261:10, 261:24, 270:3,
270:13, 271:10, 277:3, 277:15,
277:19, 280:3, 280:5, 280:9, 280:18,
281:9, 284:2, 284:18
LAWFUL [1] - 233:11
LAYS [1] - 296:10
LEANING [1] - 281:14
LEARNED [1] - 140:22
LEAST [5] - 196:3, 196:19, 222:11,
272:22, 274:6
LEAVE [4] - 264:4, 296:18, 300:14,
300:16
LEE [5] - 135:7, 137:11, 181:4, 291:4,
297:25
LEEWAY [1] - 210:20
LEFT [3] - 194:12, 237:7, 248:2
LEFT-HAND [1] - 237:7
LEGAL [2] - 277:2, 277:17
LEGIT [3] - 232:24, 233:1, 273:12
LEGITIMATE [1] - 233:11
LEIGH [2] - 292:1, 296:21
LEIGH [1] - 130:18
LESS [4] - 181:13, 181:19, 214:4,
254:16
LETTER [5] - 197:24, 197:25, 198:7,
198:11, 198:16
LETTERHEAD [2] - 198:11, 198:18
LETTERS [1] - 197:19
LEVELS [1] - 283:7
LICENSE [1] - 236:4
LICENSES [1] - 197:13
LIFE [1] - 234:22
LIGHT [2] - 262:7, 272:5
LIMB [1] - 207:1
LIMINE [1] - 292:16
LIMITATION [1] - 291:17
LIMITED [1] - 292:19
LINE [11] - 150:12, 153:11, 196:10,
210:22, 246:1, 250:16, 250:18,
Case 1:20-cr-00296-JPB-CMS Document 1030 Filed 06/14/24 Page 187 of 198
296:13, 296:16, 297:8
LINE [1] - 1:7
LINES [3] - 166:22, 210:11, 237:18
LIST [7] - 266:10, 298:12, 298:14,
298:15, 298:19, 298:20, 298:21
LISTED [6] - 143:19, 146:4, 184:20,
244:25, 250:22, 257:5
LISTENED [1] - 191:1
LISTING [2] - 243:23, 266:4
LISTINGS [1] - 205:9
LISTS [2] - 298:7, 298:18
LIVED [1] - 178:6
LIVELY [6] - 278:2, 279:16, 279:19,
279:24, 280:17, 281:9
LIVING [1] - 176:8
LLC [3] - 151:17, 156:20, 217:22
LOAN [60] - 141:6, 141:9, 143:8, 144:4,
144:16, 145:16, 146:15, 146:19,
146:23, 147:5, 147:23, 148:1, 151:2,
153:8, 153:18, 153:19, 154:20,
154:21, 154:23, 160:3, 164:23, 175:6,
182:6, 185:4, 189:12, 189:16, 189:19,
190:4, 190:7, 190:15, 190:20, 191:5,
197:4, 202:6, 208:17, 208:19, 208:23,
208:25, 221:25, 226:17, 229:11,
232:5, 232:7, 232:22, 232:24, 233:10,
233:17, 233:21, 236:21, 237:9,
241:12, 242:11, 247:2, 251:2, 251:24,
261:15, 272:9, 272:15, 273:10, 273:12
LOANS [11] - 144:7, 153:7, 179:23,
179:24, 218:25, 220:1, 220:5, 221:16,
228:4, 229:15, 231:13
LOCATED [1] - 165:18
LOCATION [7] - 167:24, 178:8, 185:3,
240:7, 240:17, 251:1, 270:25
LODGED [1] - 266:7
LOG [1] - 178:20
LOG-IN [1] - 178:20
LOOK [37] - 154:18, 155:6, 155:11,
155:25, 157:13, 163:10, 163:17,
163:23, 165:12, 168:6, 168:9, 168:14,
174:18, 174:21, 196:5, 197:25, 198:4,
198:14, 199:13, 203:8, 205:15,
206:25, 219:16, 233:2, 235:12, 244:5,
257:17, 262:18, 264:22, 266:3,
267:19, 272:2, 275:25, 278:5, 281:13,
291:13, 302:8
LOOKED [9] - 203:10, 204:17, 209:1,
209:3, 222:13, 236:25, 244:7, 274:4,
284:17
LOOKING [18] - 160:15, 164:5, 169:15,
206:21, 224:16, 224:18, 224:19,
224:20, 225:6, 225:11, 250:7, 276:12,
278:9, 280:8, 291:9, 299:15, 299:16,
299:18
LOOKS [3] - 175:6, 232:7, 278:2
LOSING [1] - 216:6
LOST [1] - 268:14
LOTION [1] - 276:8
LOVE [2] - 268:16, 278:16
LOVED [1] - 176:18
LOWER [1] - 154:1
LUNCH [1] - 132:5
M
MAIL [32] - 173:21, 173:25, 174:10,
190:10, 192:2, 192:22, 193:4, 193:11,
193:12, 193:18, 193:23, 193:24,
194:1, 194:2, 194:6, 194:9, 194:12,
194:21, 195:8, 195:10, 230:7, 231:25,
232:10, 232:20, 235:17, 235:23,
247:7, 249:23, 266:1, 273:5, 273:11
MAILED [6] - 173:21, 190:7, 193:23,
195:10, 231:2, 265:16
MAILING [1] - 193:15
MAILS [2] - 196:6, 210:12
MAIN [1] - 158:23
MAIN [2] - 247:10, 247:24
MAJOR [2] - 205:4, 278:13
MAJORITY [1] - 174:24
MANAGED [2] - 161:21, 200:18
MANAGEMENT [49] - 148:14, 148:15,
148:19, 152:4, 156:24, 158:2, 158:8,
159:18, 160:10, 160:18, 160:20,
161:22, 162:4, 162:24, 169:23, 182:9,
183:12, 184:17, 185:24, 185:25,
186:12, 187:5, 187:13, 199:14,
199:18, 211:6, 213:10, 213:20, 219:6,
220:17, 221:6, 229:18, 230:15, 232:8,
232:23, 233:7, 238:22, 239:1, 239:3,
240:23, 244:16, 244:22, 246:2,
249:10, 249:19, 250:2, 250:21,
251:18, 251:24
MANAGEMENT [5] - 148:24, 150:13,
150:17, 215:12, 215:19
MANAGER [5] - 149:4, 149:6, 162:14,
166:8, 234:13
MANAGING [3] - 149:7, 150:18, 162:20
MANNERS [1] - 233:11
MARCH [1] - 279:22
MARIE [13] - 191:15, 192:4, 192:20,
196:1, 196:19, 197:10, 198:20, 199:8,
199:13, 199:17, 235:22, 236:8, 247:17
MARIETTA [2] - 176:10, 239:20
MARKED [2] - 155:5, 163:20
MARRIAGE [2] - 148:21, 180:20
MARRIED [7] - 139:1, 139:2, 140:13,
147:10, 149:1, 201:10, 234:4
MARSHALL [2] - 270:7, 292:8
MARSHALL [37] - 133:24, 134:21,
135:11, 136:7, 137:6, 147:18, 186:6,
207:12, 209:25, 211:1, 231:20,
243:17, 246:9, 249:22, 253:3, 254:12,
255:21, 256:6, 256:8, 258:3, 259:1,
259:25, 261:10, 263:2, 268:8, 268:10,
269:2, 269:9, 271:18, 272:24, 281:19,
291:25, 295:1, 295:24, 295:25,
297:15, 302:1
MARSHALL [177] - 130:20, 134:1,
316
134:4, 134:11, 134:23, 136:8, 137:7,
137:15, 137:24, 142:6, 142:9, 143:4,
143:6, 143:11, 143:13, 143:22,
143:24, 145:9, 145:13, 145:14,
145:24, 146:2, 146:8, 146:11, 147:9,
147:19, 147:20, 148:7, 148:10,
149:19, 149:23, 151:4, 151:10,
152:13, 152:15, 153:25, 154:3,
155:19, 155:24, 156:1, 158:17,
158:20, 158:23, 158:25, 159:4, 159:6,
159:9, 159:12, 160:11, 160:12, 161:8,
164:12, 164:17, 164:18, 165:1, 165:6,
165:8, 165:15, 165:16, 165:20,
165:21, 167:7, 167:9, 167:20, 167:21,
168:3, 168:4, 168:11, 168:13, 169:10,
169:13, 170:3, 170:5, 171:1, 171:2,
171:5, 171:9, 171:13, 171:15, 172:7,
172:9, 172:16, 172:19, 173:1, 173:17,
173:19, 174:2, 174:5, 174:7, 174:14,
174:17, 175:15, 175:16, 176:4, 176:5,
177:25, 178:4, 178:11, 178:13,
180:22, 183:22, 184:9, 184:12,
185:22, 186:22, 187:2, 195:14, 196:9,
197:2, 200:21, 209:20, 210:3, 210:9,
212:10, 229:24, 230:1, 231:21,
231:23, 232:4, 234:21, 235:1, 236:20,
236:24, 243:13, 245:14, 246:10,
250:6, 250:9, 252:5, 253:4, 253:8,
255:10, 255:12, 255:18, 256:7,
257:22, 258:7, 260:1, 263:3, 263:14,
263:22, 263:24, 264:7, 264:14,
264:20, 265:10, 267:11, 268:11,
268:16, 269:3, 270:9, 271:15, 271:17,
271:21, 273:3, 275:9, 281:17, 281:21,
292:1, 292:3, 292:9, 293:25, 294:4,
294:16, 295:3, 295:19, 296:1, 296:10,
297:3, 297:16, 299:4, 300:5, 300:7,
300:14, 300:21, 301:4, 301:10
MARSHALL'S [1] - 301:1
MARSHALL'S [3] - 133:22, 136:16,
210:21
MARTY [3] - 190:13, 199:19, 232:10
MARVIN [3] - 247:12, 247:15, 247:19
MATCH [1] - 199:22
MATERIAL [1] - 286:23
MATTER [2] - 145:12, 180:6
MATTERS [1] - 169:22
MAY [2] - 1:3, 1:5
MEAN [38] - 158:14, 164:4, 165:3,
165:24, 179:19, 180:1, 186:25, 189:3,
192:22, 194:24, 200:19, 207:14,
207:25, 208:1, 209:18, 210:1, 211:11,
216:5, 218:12, 222:8, 241:12, 261:1,
277:21, 280:23, 281:21, 284:13,
285:21, 285:24, 286:25, 287:25,
290:2, 290:3, 294:21, 296:25, 298:21,
301:2
MEANING [1] - 282:14
MEANS [2] - 219:20, 269:24
MEANT [2] - 153:4, 197:24
Case 1:20-cr-00296-JPB-CMS Document 1030 Filed 06/14/24 Page 188 of 198
MEDICAL [4] - 188:9, 188:20, 188:25,
189:5
MEET [4] - 226:20, 226:25, 297:25
MEETINGS [1] - 243:5
MEMBERS [1] - 279:20
MEMO [2] - 150:12, 153:11
MEMORIAL [1] - 204:7
MEMORY [5] - 184:15, 188:19, 191:22,
192:19, 195:6
MENS [1] - 259:11
MENTIONED [5] - 141:11, 145:2,
150:23, 161:25, 163:3
MERE [1] - 282:11
MERELY [1] - 270:1
MESSAGE [18] - 155:8, 155:12, 155:15,
155:17, 156:4, 156:8, 157:16, 192:22,
207:12, 211:2, 211:4, 218:9, 218:10,
218:14, 227:18, 228:10, 228:16,
228:18
MESSAGES [20] - 207:4, 207:6, 207:9,
207:23, 208:2, 209:6, 209:8, 209:11,
209:13, 209:17, 216:17, 218:9,
219:17, 227:22, 227:24, 227:25,
228:2, 243:7, 293:4
MESSED [1] - 273:13
MET [5] - 202:2, 236:16, 239:15, 259:10,
260:9
MIDDLE [3] - 215:22, 221:22, 222:22
MIDWEST [1] - 204:11
MIGHT [4] - 139:17, 146:10, 158:2,
252:19
MILITARY [2] - 166:19, 166:21
MILLIONS [1] - 200:18
MIND [3] - 232:1, 301:8, 302:11
MINE [2] - 151:22, 300:9
MINOR [1] - 260:11
MINUTE [4] - 163:23, 211:23, 243:13,
252:19
MINUTES [10] - 226:8, 254:16, 275:15,
275:17, 283:6, 291:11, 291:18,
291:19, 292:4
MISIMPRESSION [1] - 255:1
MISLEADING [1] - 283:11
MISREMEMBER [1] - 294:13
MISREMEMBERING [1] - 294:14
MISREPRESENTATIONS [1] - 233:17
MISSING [6] - 282:7, 282:15, 282:21,
284:15, 289:12, 289:22
MISSTATEMENT [1] - 261:10
MISSTATES [1] - 261:24
MISTAKE [1] - 134:19
MISUNDERSTANDING [1] - 261:11
MODEL [1] - 274:14
MODIFIED [1] - 296:24
MODIFY [1] - 296:5
MOMENT [21] - 134:6, 134:19, 136:15,
200:7, 211:15, 225:22, 231:15,
262:18, 263:5, 263:25, 267:19, 269:5,
269:13, 272:2, 276:19, 282:23,
284:11, 285:20, 286:20, 287:10, 300:4
MONEY [63] - 138:17, 144:18, 145:22,
146:6, 148:8, 150:16, 156:23, 156:24,
160:18, 173:8, 173:12, 175:11, 182:2,
182:8, 185:20, 186:20, 208:18,
208:23, 209:2, 209:3, 214:9, 214:19,
214:21, 215:7, 216:7, 216:12, 217:6,
218:17, 218:21, 218:24, 219:22,
220:1, 220:4, 221:13, 222:5, 222:7,
222:24, 222:25, 223:1, 228:3, 229:5,
237:13, 238:4, 240:22, 241:1, 241:10,
241:13, 242:1, 242:2, 242:6, 242:10,
242:13, 259:12, 260:20, 261:12,
261:14, 261:20, 269:21, 270:5,
272:17, 272:19, 300:12
MONEYS [6] - 145:18, 146:18, 161:4,
162:24, 170:19
MONTGOMERY [14] - 144:19, 150:15,
160:22, 163:7, 163:10, 163:16,
165:10, 169:18, 182:11, 203:7,
203:13, 214:13, 217:9, 240:13
MONTGOMERY [1] - 163:8
MONTHLY [6] - 153:19, 153:20, 248:2,
248:17, 249:6, 249:13
MONTHS [1] - 283:9
MOORE [1] - 130:15
MOORE [1] - 287:18
MORNING [13] - 157:22, 219:17,
258:11, 258:12, 281:6, 283:6, 283:10,
287:13, 287:14, 290:23, 291:1, 297:23
MORTGAGE [1] - 208:16
MOST [5] - 174:4, 258:14, 262:7, 278:5,
287:4
MOTION [9] - 211:16, 254:18, 254:22,
255:14, 259:4, 259:23, 260:1, 261:5,
292:16
MOTIONS [5] - 258:6, 258:7, 259:2,
261:8, 262:6
MOUTH [2] - 277:8, 280:21
MOVE [23] - 145:13, 148:5, 156:7,
158:17, 158:18, 164:12, 170:25,
195:23, 211:13, 214:22, 214:25,
215:7, 229:21, 241:5, 242:3, 242:6,
242:13, 245:11, 269:4, 275:5, 281:16,
281:22
MOVED [3] - 149:5, 189:4, 215:8
MOVING [4] - 214:19, 215:3, 228:7,
267:19
MR [177] - 134:1, 134:4, 134:11, 134:23,
135:3, 136:8, 137:7, 137:15, 137:24,
142:6, 142:9, 143:4, 143:6, 143:11,
143:13, 143:22, 143:24, 145:9,
145:13, 145:14, 145:24, 146:2, 146:8,
146:11, 147:9, 147:19, 147:20, 148:7,
148:10, 149:19, 149:23, 151:4,
151:10, 152:13, 152:15, 153:25,
154:3, 155:19, 155:24, 156:1, 158:17,
158:20, 158:23, 158:25, 159:4, 159:6,
159:9, 159:12, 160:11, 160:12, 161:8,
164:12, 164:17, 164:18, 165:1, 165:6,
165:8, 165:15, 165:16, 165:20,
317
165:21, 167:7, 167:9, 167:20, 167:21,
168:3, 168:4, 168:11, 168:13, 169:10,
169:13, 170:3, 170:5, 171:1, 171:2,
171:5, 171:9, 171:13, 171:15, 172:7,
172:9, 172:16, 172:19, 173:1, 173:17,
173:19, 174:2, 174:5, 174:7, 174:14,
174:17, 175:15, 175:16, 176:4, 176:5,
177:25, 178:4, 178:11, 178:13,
180:22, 183:22, 184:9, 184:12,
185:22, 186:22, 187:2, 195:14, 196:9,
197:2, 200:21, 209:20, 210:3, 210:9,
212:10, 229:24, 230:1, 231:21,
231:23, 232:4, 234:21, 235:1, 236:20,
236:24, 243:13, 245:14, 246:10,
250:6, 250:9, 252:5, 253:4, 253:8,
255:10, 255:12, 255:18, 256:7,
257:22, 258:7, 260:1, 263:3, 263:14,
263:22, 263:24, 264:7, 264:14,
264:20, 265:10, 267:11, 268:11,
268:16, 269:3, 270:9, 271:15, 271:17,
271:21, 273:3, 275:9, 281:17, 281:21,
292:1, 292:3, 292:9, 293:25, 294:4,
294:16, 295:3, 295:19, 296:1, 296:10,
297:3, 297:16, 299:4, 300:5, 300:7,
300:14, 300:21, 301:4, 301:10
MRS [7] - 148:16, 149:12, 157:25,
187:13, 214:19, 214:25, 238:25
MS [226] - 132:6, 132:9, 133:10, 133:19,
133:23, 134:10, 134:12, 136:5, 136:6,
136:10, 137:4, 145:8, 145:11, 147:7,
147:13, 155:21, 155:22, 161:6,
164:14, 165:3, 165:4, 180:25, 181:6,
183:24, 184:3, 184:13, 186:5, 186:9,
187:17, 187:19, 191:24, 192:1,
192:14, 192:15, 192:16, 192:18,
193:2, 193:3, 194:3, 194:5, 194:18,
194:20, 195:18, 195:24, 195:25,
196:13, 196:17, 197:6, 197:9, 200:23,
205:16, 205:18, 205:22, 205:23,
206:12, 206:13, 208:4, 208:9, 210:6,
210:15, 210:18, 210:23, 210:25,
211:13, 211:19, 212:21, 212:25,
213:6, 213:8, 213:22, 213:24, 214:5,
214:7, 216:15, 216:16, 220:13,
220:15, 225:22, 225:23, 229:21,
229:25, 230:2, 230:4, 230:6, 230:13,
230:14, 230:23, 231:1, 231:15,
231:17, 231:19, 234:20, 243:16,
245:11, 245:18, 245:20, 245:22,
245:25, 246:12, 246:13, 247:5, 247:6,
247:20, 247:21, 248:5, 248:6, 248:10,
248:11, 248:20, 248:21, 248:25,
249:2, 249:8, 249:9, 250:5, 252:9,
252:10, 252:23, 253:1, 254:15,
254:20, 255:23, 256:10, 256:21,
257:11, 257:13, 257:15, 257:21,
257:23, 258:1, 258:5, 259:3, 259:9,
261:9, 262:18, 262:21, 263:9, 263:12,
263:15, 263:17, 263:20, 264:3, 264:8,
264:10, 264:13, 264:16, 264:19,
264:22, 265:6, 265:9, 265:16, 265:20,
Case 1:20-cr-00296-JPB-CMS Document 1030 Filed 06/14/24 Page 189 of 198
266:2, 266:4, 266:8, 266:14, 266:15,
267:9, 267:10, 267:22, 268:9, 268:24,
269:1, 269:11, 269:17, 270:12, 271:8,
271:14, 272:4, 273:2, 274:11, 274:16,
275:7, 275:8, 276:1, 276:5, 276:7,
276:10, 276:17, 276:19, 278:3, 278:8,
279:18, 281:1, 281:25, 282:2, 282:25,
284:22, 285:1, 286:2, 286:17, 287:14,
287:18, 287:25, 288:4, 288:6, 290:8,
291:16, 291:22, 292:2, 292:13,
293:21, 293:24, 294:5, 294:6, 294:9,
294:14, 294:17, 294:21, 294:24,
294:25, 295:9, 295:21, 296:23, 297:9,
297:14, 297:18, 298:10, 299:1,
299:17, 300:10, 301:2, 301:8, 301:13,
301:17, 301:25
MUELLER [2] - 267:13, 274:23
MUELLER [1] - 297:19
MUELLER [1] - 267:14
MULTIPLE [4] - 195:2, 195:19, 266:18,
283:7
MUSEUM [1] - 204:9
MUST [4] - 266:21, 267:6, 267:17, 270:4
N
NAME [25] - 138:2, 138:3, 142:22,
148:12, 153:12, 158:21, 162:9,
171:16, 174:22, 174:25, 175:20,
189:15, 194:9, 198:2, 198:3, 198:5,
198:8, 199:18, 199:19, 220:19, 227:7,
227:10, 247:12, 247:17, 280:25
NARRATIVE [1] - 277:2
NATURE [10] - 147:5, 148:3, 176:23,
179:24, 185:3, 251:1, 251:17, 270:25,
277:2, 277:17
NEAR [1] - 165:18
NECESSARY [7] - 133:8, 133:16,
133:18, 136:4, 269:20, 270:3, 281:12
NEED [28] - 132:16, 133:8, 179:19,
208:18, 208:19, 212:3, 218:19, 225:3,
241:5, 252:14, 264:22, 265:3, 265:12,
265:18, 266:5, 269:10, 275:5, 275:19,
287:21, 289:24, 291:11, 292:6, 292:7,
292:10, 297:21, 298:21, 300:1
NEEDED [5] - 173:11, 200:4, 215:7,
218:21, 220:7
NEEDS [4] - 271:4, 296:12, 296:20,
297:2
NEGATIVE [1] - 293:4
NEUTRAL [1] - 277:9
NEVER [7] - 163:12, 191:16, 214:11,
222:18, 223:1, 232:14, 272:19
NEW [3] - 291:2, 291:3, 302:4
NEXT [12] - 152:13, 153:25, 155:24,
175:20, 218:9, 250:17, 275:2, 281:22,
282:9, 296:16, 296:23, 297:8
NICE [1] - 239:19
NIGHT [2] - 258:13, 265:25
NINE [1] - 283:9
NINTH [1] - 282:17
NISSAN [1] - 153:24
NO [1] - 130:5
NOBODY [1] - 264:3
NON [1] - 211:14
NON-RESPONSIVE [1] - 211:14
NONE [3] - 232:17, 251:16
NORTH [3] - 206:1, 206:4, 206:10
NORTHERN [2] - 130:1, 303:4
NOTATIONS [1] - 154:19
NOTED [3] - 259:1, 293:19, 300:25
NOTES [3] - 197:16, 272:2, 295:23
NOTHING [8] - 222:3, 231:17, 243:14,
250:5, 257:11, 257:23, 261:17, 271:25
NOTICE [3] - 151:11, 152:18, 189:1
NOVEMBER [1] - 202:3
NUMBER [33] - 138:17, 154:20, 158:4,
158:7, 204:17, 207:2, 207:15, 219:6,
227:6, 227:9, 229:24, 233:6, 233:14,
240:18, 248:2, 248:17, 249:6, 249:13,
255:4, 260:19, 262:22, 262:25, 263:7,
264:10, 265:13, 266:18, 267:21,
268:22, 275:5, 296:1, 296:4
NUMBER [2] - 1:6, 1:7
O
O-R-R [2] - 276:13, 281:1
OATH [4] - 181:22, 185:20, 186:11,
186:15
OBJECT [7] - 185:22, 186:22, 196:9,
197:2, 209:20, 245:14, 293:15
OBJECTION [32] - 145:8, 147:7, 147:13,
155:21, 155:22, 161:6, 164:14, 165:2,
165:4, 184:1, 186:24, 187:1, 195:23,
209:25, 210:2, 210:21, 230:1, 230:2,
234:20, 245:15, 245:24, 266:7, 266:8,
268:19, 274:22, 276:4, 277:20, 281:4,
281:15, 281:17, 281:23, 300:15
OBJECTIONABLE [2] - 293:15, 298:15
OBJECTIONS [1] - 300:19
OBJECTIVE [1] - 277:3
OBTAINED [5] - 185:4, 211:9, 222:25,
223:1, 251:1
OBVIOUSLY [8] - 153:15, 266:24,
268:4, 278:4, 281:17, 284:16, 286:18,
295:16
OCCASIONALLY [2] - 174:10, 176:15
OF [10] - 1:2, 1:5, 1:6, 130:1, 130:4,
130:9, 130:14, 130:17, 130:20, 303:4
OFF-THE-RECORD [3] - 134:7, 212:14,
263:6
OFFENSE [2] - 260:17, 269:22
OFFENSES [1] - 296:3
OFFERED [2] - 145:11, 226:20
OFFERS [1] - 267:5
OFFHAND [5] - 140:20, 157:7, 203:24,
204:25, 205:8
OFFICE [2] - 177:5, 283:8
OFFICER [2] - 134:14, 275:21
318
OFFICER [2] - 136:21, 287:17
OFFICIAL [6] - 1:2, 1:3, 1:4, 1:8, 130:24,
303:15
OFTEN [1] - 176:25
OFTENTIMES [1] - 237:20
OLD [2] - 188:10, 270:16
OLDIE [1] - 271:12
ON [3] - 130:14, 130:17, 130:20
ONCE [1] - 167:4
ONE [6] - 153:2, 156:5, 217:15, 217:18,
218:16, 221:18
ONE [93] - 134:1, 134:18, 137:2, 138:6,
138:12, 138:18, 141:24, 142:3,
142:17, 152:21, 154:10, 154:21,
157:16, 157:19, 159:24, 160:17,
167:25, 168:5, 170:1, 174:20, 175:3,
175:20, 178:24, 181:16, 183:7,
190:19, 190:25, 191:8, 191:14,
194:15, 197:22, 207:12, 211:15,
217:4, 217:14, 217:21, 219:24,
220:11, 225:22, 228:2, 231:15, 235:7,
236:3, 236:16, 243:13, 254:15,
254:23, 254:25, 259:7, 260:11, 263:5,
263:21, 263:25, 265:20, 265:22,
265:24, 265:25, 267:19, 269:5, 269:6,
269:13, 272:2, 272:16, 272:25,
274:15, 274:23, 275:12, 276:19,
279:24, 281:22, 282:23, 284:11,
285:1, 285:8, 285:19, 285:23, 286:20,
288:7, 290:6, 291:3, 291:6, 292:13,
295:6, 295:19, 295:21, 298:15, 299:5,
299:18, 300:4, 301:21, 302:6
ONES [5] - 211:12, 262:23, 266:4,
266:6, 278:1
ONLINE [2] - 278:12, 278:21
ONLY [2] - 1:3, 1:7
OPEN [4] - 204:10, 204:15, 222:8, 302:7
OPEN [1] - 132:1
OPENED [2] - 198:1, 222:20
OPENING [1] - 198:8
OPINION [2] - 264:12, 274:2
OPPORTUNITY [3] - 132:3, 184:4,
209:23
OPTIONS [1] - 227:3
OR [1] - 1:9
ORDER [13] - 151:14, 152:25, 217:3,
230:11, 232:22, 233:3, 266:17,
269:12, 270:4, 276:2, 300:25, 301:18,
302:5
ORDERED [1] - 301:5
ORDERS [1] - 209:23
ORGANIZATION [1] - 149:7
ORGANIZATIONAL [1] - 172:25
ORGANIZERS [1] - 172:5
ORIGINAL [1] - 269:7
ORR [1] - 281:2
ORR [2] - 276:12, 281:2
ORR [6] - 278:9, 279:4, 279:12, 281:1,
281:7, 281:11
OURSELVES [1] - 300:2
Case 1:20-cr-00296-JPB-CMS Document 1030 Filed 06/14/24 Page 190 of 198
OUT-OF-COURT [1] - 145:11
OUTSIDE [2] - 134:5, 180:20
OVERNIGHT [1] - 177:12
OVERRULED [5] - 186:8, 187:18,
196:16, 197:8, 246:11
OWN [7] - 177:5, 214:9, 214:13, 214:17,
218:24, 218:25, 255:20
OWNED [2] - 153:9, 207:19
OWNER [6] - 141:16, 151:22, 183:8,
207:24, 208:11
OWNERS [1] - 141:24
OWNERSHIP [1] - 270:25
OWNS [3] - 151:19, 169:24, 185:9
P
P.M [15] - 134:15, 134:20, 136:22,
211:25, 212:1, 212:15, 212:16,
252:21, 255:24, 255:25, 256:4,
258:24, 275:22, 275:23, 302:13
PACKETS [1] - 189:21
PAGE [36] - 131:2, 143:23, 149:21,
172:17, 172:18, 174:2, 174:15,
174:19, 183:19, 183:20, 193:9, 198:4,
198:14, 212:23, 213:22, 228:16,
230:23, 230:24, 230:25, 231:2,
235:13, 235:17, 243:20, 243:21,
244:13, 244:18, 244:20, 250:7,
250:10, 250:17, 250:18, 269:8, 273:22
PAGE [1] - 1:7
PAGES [1] - 303:6
PAID [3] - 152:25, 162:21, 182:9
PANAMA [3] - 206:1, 206:4, 206:10
PANDEMIC [9] - 204:1, 204:2, 204:3,
204:4, 208:21, 208:22, 215:22,
221:22, 222:22
PANNED [1] - 295:8
PARAGRAPH [10] - 250:16, 250:17,
269:7, 296:6, 296:13, 296:19, 296:23,
296:24, 297:11, 297:13
PARALEGALS [1] - 297:24
PARAPHRASING [1] - 237:12
PARDON [6] - 163:13, 190:9, 191:10,
206:3, 223:17, 224:5
PART [14] - 151:22, 154:18, 156:24,
171:1, 178:2, 181:14, 182:5, 183:1,
260:7, 270:24, 280:14, 284:25, 285:3,
290:18
PARTIAL [1] - 1:9
PARTICIPANT [2] - 259:22, 279:11
PARTICIPATING [1] - 179:9
PARTICULAR [8] - 146:3, 151:1,
193:24, 201:23, 203:22, 240:7,
240:15, 288:12
PARTICULARLY [3] - 283:1, 285:8,
286:21
PARTIES [5] - 265:17, 265:23, 285:8,
286:6, 286:8
PARTIES' [3] - 262:13, 299:15, 299:23
PARTY [1] - 286:12
PASS [1] - 245:16
PASSWORD [1] - 178:20
PAST [5] - 172:3, 186:19, 211:10,
241:16, 265:23
PASTE [1] - 198:16
PATTERN [6] - 246:4, 269:15, 270:14,
270:16, 270:19, 270:23
PAUSE [3] - 172:25, 285:21, 290:7
PAUSE [1] - 259:8
PAUSING [1] - 290:13
PAY [15] - 151:14, 152:8, 175:23,
191:19, 196:22, 199:17, 199:19,
199:22, 216:7, 218:25, 219:25, 220:4,
221:16, 237:23, 238:3
PAYABLE [2] - 153:1, 154:12
PAYCHECK [1] - 216:5
PAYEE [1] - 151:14
PAYING [3] - 153:19, 153:21, 219:1
PAYMENT [9] - 153:19, 153:20, 154:14,
175:3, 175:6, 175:22, 186:12, 214:16,
221:8
PAYMENTS [2] - 201:2, 211:6
PAYOFF [1] - 153:20
PAYROLL [36] - 169:1, 169:21, 182:10,
183:13, 184:21, 184:24, 185:5,
185:21, 185:25, 186:3, 186:13, 187:5,
218:14, 218:21, 219:25, 238:20,
238:21, 238:22, 238:23, 239:3, 245:1,
245:4, 246:5, 248:2, 248:17, 249:6,
249:13, 250:23, 250:24, 251:2,
251:18, 251:19
PAYROLL-RELATED [1] - 169:21
PDF [1] - 1:2
PEACE [1] - 204:6
PECULIARLY [5] - 282:14, 288:13,
288:19, 288:23, 289:4
PENNY [2] - 130:24, 303:15
PENULTIMATE [1] - 133:8
PEOPLE [17] - 169:17, 176:7, 187:7,
195:9, 199:11, 214:20, 214:21,
237:23, 238:3, 255:4, 255:5, 256:24,
257:3, 257:5, 278:16, 278:17
PERCEIVES [1] - 201:4
PERCENT [1] - 154:17
PERHAPS [3] - 274:14, 285:23, 287:5
PERIOD [1] - 1:5
PERIOD [3] - 172:14, 229:15, 246:25
PERIODS [1] - 293:14
PERMANENTLY [1] - 188:14
PERMITTED [2] - 279:15, 283:21
PERSON [9] - 144:8, 151:23, 185:9,
190:3, 192:4, 242:17, 246:7, 259:18,
289:1
PERSON'S [1] - 158:21
PERSONAL [2] - 150:11, 227:9
PERSONALLY [3] - 190:3, 191:17,
226:25
PERSONAS [1] - 278:16
PERSONS [1] - 164:10
PERSPECTIVE [2] - 271:12, 271:13
319
PERSUASIVE [3] - 278:7, 281:7, 290:1
PETITION [1] - 140:2
PHONE [7] - 190:1, 212:11, 227:18,
227:19, 229:1, 242:17, 242:19
PHOTO [1] - 167:10
PHOTOGRAPHS [7] - 164:6, 164:9,
164:16, 167:13, 203:10, 203:12, 204:6
PHOTOS [4] - 164:19, 167:25, 205:13,
206:8
PHRASED [3] - 279:2, 279:4, 279:5
PICK [2] - 173:25, 174:10
PICKED [1] - 211:11
PICTURE [12] - 165:9, 165:10, 167:22,
203:14, 205:20, 205:24, 206:14,
207:3, 207:11, 244:1, 244:2, 244:4
PICTURES [7] - 164:4, 203:24, 204:16,
204:17, 207:5, 209:12, 244:6
PIECE [2] - 271:20, 278:25
PIN [1] - 265:3
PLACARD [1] - 240:18
PLACE [4] - 164:22, 237:14, 275:14,
291:3
PLACED [2] - 181:22, 277:7
PLACES [1] - 218:19
PLAN [1] - 239:1
PLANNED [1] - 298:1
PLANNING [3] - 166:11, 232:25, 281:13
PLANS [3] - 165:25, 166:2, 205:4
PLAY [1] - 278:16
PLAYED [1] - 191:2
PLAYING [1] - 278:21
PLEA [23] - 182:14, 182:18, 182:19,
182:25, 183:17, 184:5, 195:1, 195:4,
238:11, 238:17, 239:7, 244:9, 244:10,
245:8, 250:10, 251:9, 251:11, 264:23,
264:25, 267:24, 268:2, 268:5, 268:13
PLEAD [1] - 180:8
PLEADED [5] - 181:19, 181:22, 182:13,
182:17, 254:25
PLEADING [1] - 138:12
PLEAS [1] - 254:19
PLED [3] - 138:16, 159:25, 180:4
PLUS [1] - 160:14
PM [2] - 130:6, 132:1
PNC [2] - 159:3, 159:19
PO [3] - 173:24, 174:1, 174:8
POINT [26] - 136:4, 138:12, 143:7,
145:16, 150:21, 153:21, 169:3, 172:3,
176:14, 188:14, 191:14, 202:12,
202:19, 203:3, 209:21, 215:24, 216:5,
220:3, 221:14, 228:23, 251:25,
258:19, 261:9, 262:17, 281:6, 293:18
POLICE [1] - 198:20
POLICYHOLDER [1] - 175:25
PORTION [1] - 1:5
PORTION [2] - 146:10, 171:16
POSITION [4] - 210:1, 288:1, 293:11,
301:15
POSITIONS [3] - 234:15, 292:17, 292:18
Case 1:20-cr-00296-JPB-CMS Document 1030 Filed 06/14/24 Page 191 of 198
POSITIVE [1] - 154:23
POSSIBLY [4] - 141:1, 157:2, 164:5,
200:2
POTENTIAL [1] - 267:3
POWER [2] - 283:1, 286:22
PPP [64] - 141:6, 143:8, 144:3, 144:16,
145:19, 146:15, 146:19, 146:23,
151:2, 160:3, 164:23, 179:23, 182:6,
185:4, 189:12, 189:16, 189:18, 190:4,
190:7, 190:15, 191:5, 197:4, 202:6,
208:18, 208:23, 208:25, 209:2,
214:20, 221:25, 229:11, 229:14,
229:17, 230:15, 231:13, 232:5, 232:6,
232:22, 232:24, 233:10, 233:17,
233:20, 236:21, 241:12, 242:10,
246:1, 246:14, 246:20, 247:24, 248:7,
248:14, 249:3, 249:5, 249:10, 250:2,
251:1, 251:24, 257:9, 261:15, 272:9,
272:15, 273:10, 273:12, 279:7
PREFER [1] - 301:4
PRELIMINARILY [1] - 261:4
PREMATURE [1] - 260:15
PREPARATION [1] - 146:22
PREPARE [5] - 143:8, 191:5, 191:18,
191:19, 294:9
PREPARING [1] - 247:2
PRESENCE [2] - 283:20, 283:24
PRESENT [3] - 133:22, 137:9, 150:8
PRESENTED [4] - 209:15, 211:9,
264:17, 284:1
PRESENTING [1] - 255:5
PRESUMPTION [1] - 301:6
PRETRIAL [1] - 294:12
PRETTY [8] - 149:4, 149:6, 162:20,
162:22, 179:25, 180:1, 180:9, 200:6
PREVIOUS [1] - 180:7
PREVIOUSLY [7] - 143:15, 151:13,
178:1, 199:13, 203:4, 256:14, 291:17
PRIMARILY [1] - 260:8
PRIMARY [1] - 143:19
PRINTED [1] - 153:12
PRINTING [1] - 154:19
PRINTOUT [3] - 155:12, 155:14, 294:1
PRITTY [2] - 130:24, 303:15
PRIVATE [2] - 207:23, 207:24
PRIVATELY [1] - 207:19
PROBLEM [1] - 301:13
PROCEED [1] - 181:7
PROCEEDING [2] - 251:11, 254:21
PROCEEDINGS [7] - 211:25, 212:15,
255:24, 259:8, 275:22, 302:13, 303:7
PROCEEDINGS [2] - 130:9, 132:1
PROCEEDS [6] - 147:1, 151:1, 160:3,
185:4, 251:2, 271:1
PROCESS [1] - 144:16
PROCESSED [1] - 246:7
PROCESSES [1] - 287:22
PROCESSING [1] - 144:7
PROFESSIONAL [2] - 234:10, 237:13
PROGRAM [1] - 216:6
PROGRAM [1] - 239:2
PROHIBITED [1] - 1:9
PROJECT [50] - 144:18, 145:2, 145:7,
149:4, 149:6, 150:18, 150:20, 156:22,
156:25, 157:2, 157:3, 160:21, 161:5,
161:17, 161:18, 161:24, 162:13,
162:17, 163:1, 165:12, 166:7, 168:25,
169:1, 169:15, 169:18, 169:22, 170:7,
170:14, 182:10, 189:8, 201:23,
204:21, 205:5, 209:7, 211:5, 214:10,
215:3, 215:5, 217:10, 217:18, 218:15,
226:14, 228:24, 234:12, 237:14,
239:2, 241:23, 242:23, 243:10
PROJECTS [4] - 152:9, 200:13, 200:18,
237:20
PROMISE [1] - 256:22
PRONOUN [1] - 144:21
PROOF [1] - 260:10
PROOF [1] - 274:24
PROPER [2] - 165:13, 291:6
PROPERTIES [1] - 203:21
PROPERTY [14] - 205:10, 206:20,
207:15, 207:18, 207:21, 208:7,
208:11, 208:17, 239:25, 240:6,
243:24, 244:4, 244:5, 260:20
PROPOSED [8] - 260:17, 277:12,
278:23, 279:14, 282:25, 299:15,
299:23, 300:3
PROSECUTION [2] - 289:12, 290:4
PROSECUTOR [3] - 239:12, 240:20,
242:15
PROSECUTOR'S [1] - 289:15
PROSECUTORIAL [4] - 289:8, 289:14,
289:24, 290:3
PROTECTION [1] - 216:6
PROVE [3] - 182:22, 269:8, 272:10
PROVED [1] - 259:15
PROVEN [4] - 259:10, 260:20, 261:16,
277:17
PROVIDE [3] - 197:16, 211:8, 236:17
PROVIDED [7] - 192:10, 192:13,
207:13, 208:5, 211:4, 284:3, 289:7
PROVIDING [2] - 183:23, 277:9
PUBLISH [9] - 165:7, 192:16, 193:2,
194:18, 212:22, 216:15, 230:5,
230:13, 248:5
PULL [27] - 142:6, 143:11, 145:24,
148:9, 149:19, 149:20, 149:22, 151:4,
151:9, 152:14, 158:18, 159:5, 169:12,
171:1, 171:13, 172:7, 172:18, 174:5,
174:15, 178:3, 191:24, 205:14,
205:16, 210:23, 218:17, 231:23,
236:20
PULLED [5] - 240:3, 244:1, 244:3,
284:18, 288:6
PULLING [2] - 214:21, 284:9
PURCHASE [4] - 144:18, 150:14,
156:22, 186:17
PURCHASED [2] - 150:14, 221:16
PURCHASING [3] - 150:16, 164:5,
320
207:18
PURPORTED [1] - 279:25
PURPOSE [16] - 145:16, 152:6, 160:19,
183:13, 184:20, 184:24, 186:11,
221:10, 244:25, 245:4, 250:22,
250:24, 260:6, 269:24, 269:25, 271:2
PURPOSES [4] - 166:22, 173:7, 176:19,
251:19
PURSUANT [3] - 229:22, 238:6, 245:13
PUT [23] - 154:20, 165:15, 165:20,
168:3, 168:11, 169:9, 169:10, 177:25,
178:11, 186:23, 186:25, 194:3,
198:11, 265:3, 268:4, 273:22, 276:7,
281:18, 285:14, 290:23, 293:10,
293:17, 298:14
PUTTING [2] - 280:21, 280:24
PYFROM [9] - 254:24, 255:7, 257:8,
259:18, 292:18, 292:21, 292:24,
293:1, 293:12
PYFROM-FOSTER [6] - 254:24, 255:7,
257:8, 259:18, 292:21, 293:12
PYFROM-FOSTER'S [3] - 292:18,
292:24, 293:1
Q
QUESTIONING [4] - 136:18, 196:10,
212:20, 246:1
QUESTIONS [37] - 132:13, 132:17,
133:7, 133:16, 133:17, 136:3, 138:22,
141:12, 147:16, 148:11, 179:10,
185:23, 186:6, 187:3, 187:11, 188:21,
210:11, 218:20, 231:19, 232:5, 234:9,
236:19, 238:9, 238:13, 238:15,
238:20, 238:21, 239:12, 239:24,
240:21, 253:10, 255:3, 256:24,
257:22, 272:18, 283:21
QUICK [1] - 300:5
QUICKER [1] - 236:6
QUICKLY [1] - 228:7
QUITE [4] - 139:6, 149:1, 278:10,
279:13
QUOTATION [1] - 284:13
QUOTE [1] - 282:3
QUOTED [2] - 280:17, 284:13
R
RAISED [4] - 145:3, 261:9, 269:9,
295:20
RAISES [1] - 277:12
RANGE [1] - 164:23
RAPHAEL [2] - 282:4, 288:7
RAPID [1] - 278:14
RATIONAL [1] - 262:9
RE [1] - 136:17
RE-SWEAR [1] - 136:17
REA [1] - 259:11
REACH [1] - 243:8
REACHES [1] - 280:7
REACT [2] - 140:21, 234:23
Case 1:20-cr-00296-JPB-CMS Document 1030 Filed 06/14/24 Page 192 of 198
READ [12] - 182:25, 183:20, 228:18,
250:16, 265:2, 267:7, 281:5, 281:8,
291:6, 291:14, 302:8, 302:9
READING [2] - 284:9, 284:10
READY [9] - 134:5, 134:8, 219:9,
219:12, 224:10, 256:1, 298:1, 298:5,
299:6
REAL [25] - 161:18, 170:12, 182:10,
198:10, 203:8, 205:9, 207:17, 210:10,
217:10, 217:18, 225:3, 226:13,
227:11, 227:16, 228:24, 230:10,
232:21, 232:24, 233:2, 234:18,
242:22, 243:9, 243:23, 244:5, 246:2
REALITY [3] - 184:23, 245:3, 250:23
REALLY [11] - 141:4, 167:4, 194:17,
195:18, 215:4, 215:5, 234:12, 239:16,
241:25, 268:18, 274:11
REALM [1] - 280:24
REASON [4] - 193:17, 193:22, 284:4,
288:2
REASONABLE [3] - 260:10, 260:20,
262:9
REASONS [2] - 176:19, 176:22
REBUTTAL [11] - 254:14, 254:24, 255:8,
255:17, 255:22, 256:9, 258:1, 258:4,
258:5, 258:7
RECEIVE [1] - 258:10
RECEIVED [6] - 179:2, 179:5, 179:13,
189:20, 265:15, 272:17
RECEIVING [1] - 191:3
RECENT [1] - 278:5
RECESS [7] - 211:25, 212:15, 255:24,
275:14, 275:19, 275:22, 302:13
RECOGNIZE [9] - 142:10, 152:16,
154:4, 155:7, 159:17, 163:25, 213:1,
214:3, 237:3
RECOLLECTION [9] - 183:16, 193:6,
196:5, 196:18, 198:15, 239:24, 240:4,
240:6, 240:14
RECOMMEND [1] - 162:1
RECORD [25] - 132:2, 132:16, 134:6,
134:7, 185:9, 187:1, 212:9, 212:10,
212:13, 212:14, 253:12, 254:12,
259:2, 263:4, 263:6, 273:15, 275:17,
281:18, 283:14, 285:15, 290:19,
290:23, 293:10, 293:17, 299:22
RECORD'S [1] - 268:21
RECORDED [1] - 130:23
RECORDINGS [3] - 189:22, 190:25
RECORDS [3] - 209:23, 224:3, 224:7
RECROSS [4] - 131:5, 131:9, 243:15,
257:14
RECROSS-EXAMINATION [2] - 243:15,
257:14
RECROSS-EXAMINATION...................
.....243 [1] - 131:5
RECROSS-EXAMINATION................
257 [1] - 131:9
RED [2] - 157:23, 157:24
REDIRECT [6] - 131:5, 131:6, 131:8,
232:3, 250:8, 256:20
REDIRECT [1] - 231:20
REFER [1] - 148:16
REFERENCE [3] - 144:23, 261:13,
261:19
REFERENCED [1] - 235:7
REFERENCES [1] - 266:20
REFERENCING [1] - 1:7
REFERRING [2] - 144:21, 150:19
REFERS [2] - 261:12, 264:25
REFLECT [1] - 155:14
REFLECTING [1] - 199:8
REFRESH [13] - 183:16, 184:14, 191:22,
192:19, 193:5, 195:6, 196:5, 196:18,
198:15, 239:23, 240:4, 240:6, 240:14
REFUSAL [2] - 282:6, 284:14
REFUSED [1] - 283:16
REFUSING [1] - 277:5
REGARDING [3] - 284:12, 300:3, 302:6
REGULAR [3] - 149:15, 177:23
REGULARLY [1] - 270:20
RELATED [17] - 141:6, 148:9, 158:9,
161:5, 169:21, 187:4, 187:5, 207:7,
211:5, 233:17, 235:25, 236:7, 238:20,
238:22, 239:7, 243:9, 260:12
RELATES [1] - 196:15
RELATIONSHIP [1] - 138:23
RELAYED [1] - 187:11
RELEASE [1] - 258:13
RELEVANCE [2] - 196:10, 245:24
RELEVANT [4] - 197:3, 245:15, 288:16,
293:14
RELIES [1] - 288:18
REMAINING [3] - 259:20, 262:1, 300:9
REMEMBER [47] - 138:9, 138:12,
138:15, 145:15, 145:18, 154:21,
160:14, 160:15, 167:16, 169:9,
170:13, 173:2, 182:13, 182:17,
182:21, 182:24, 183:4, 183:6, 185:15,
185:23, 187:22, 189:13, 189:15,
194:23, 195:1, 199:25, 203:17,
203:20, 203:23, 204:14, 211:1, 217:3,
224:9, 224:17, 224:19, 225:17, 235:4,
237:17, 238:13, 238:15, 240:1,
241:25, 243:17, 249:23, 273:17,
294:17, 294:20
REMEMBERED [1] - 195:4
REMINDED [1] - 258:14
REMINDER [1] - 299:10
REMITTER [3] - 151:23, 152:23, 154:10
REMOVED [1] - 265:4
REMOVING [1] - 268:19
RENEW [6] - 255:13, 255:16, 259:4,
260:1, 292:16
RENEWED [2] - 259:2, 259:23
RENOVATE [1] - 166:16
RENOVATED [1] - 218:5
RENOVATING [1] - 164:5
RENOVATION [3] - 162:10, 205:5,
218:2
321
RENOVATIONS [3] - 156:6, 156:20,
156:21
RENT [1] - 166:16
REPARTEE [1] - 278:14
REPEAT [3] - 150:3, 182:16, 200:21
REPORTER [4] - 1:4, 1:8, 130:24,
303:15
REPORTER [1] - 138:3
REPORTS [1] - 198:20
REPRESENT [2] - 135:14, 296:21
REPRESENTATIONS [2] - 164:9, 187:9
REPRESENTING [1] - 229:2
REPUTATION [1] - 264:12
REQUEST [17] - 260:19, 262:22,
265:14, 270:10, 271:24, 272:4,
274:18, 275:11, 283:5, 285:14,
285:16, 291:19, 291:22, 296:1, 296:3,
297:6, 300:8
REQUESTED [10] - 191:14, 262:25,
278:9, 278:10, 279:18, 285:13,
285:21, 290:6, 291:18, 292:2
REQUESTING [1] - 158:6
REQUESTS [2] - 266:12, 275:25
REQUIRE [2] - 270:14, 277:15
REQUIREMENTS [1] - 287:20
REQUIRES [1] - 283:7
REQUIRING [1] - 289:11
REQUISITE [1] - 259:11
RESEARCH [1] - 258:21
RESEARCHING [1] - 284:23
RESERVATION [54] - 141:7, 141:11,
141:13, 141:25, 142:4, 143:8, 143:18,
144:4, 145:20, 146:16, 146:23, 147:5,
158:15, 160:5, 161:23, 178:16, 182:9,
183:8, 183:11, 183:12, 184:16,
184:23, 185:10, 186:2, 186:12, 187:9,
187:21, 190:16, 191:9, 191:11,
191:20, 192:8, 193:7, 194:22, 196:12,
213:9, 214:23, 215:10, 220:17,
221:23, 221:25, 222:16, 222:18,
222:22, 222:24, 226:17, 229:11,
244:16, 244:22, 245:3, 246:8, 246:22,
250:21, 250:23
RESIDENCE [3] - 177:3, 177:23, 178:8
RESIDUAL [1] - 166:17
RESOLVED [1] - 262:23
RESOURCE [48] - 148:14, 148:15,
148:19, 152:4, 156:25, 158:2, 158:8,
159:19, 160:10, 160:19, 160:20,
161:23, 162:5, 162:24, 169:23, 182:9,
183:12, 184:17, 185:24, 185:25,
186:13, 187:5, 187:13, 199:14,
199:18, 211:6, 213:10, 219:6, 220:17,
221:6, 229:18, 230:16, 232:8, 232:23,
233:7, 238:22, 239:2, 239:4, 240:23,
244:17, 244:22, 246:2, 249:10,
249:19, 250:2, 250:21, 251:18, 251:24
RESOURCE'S [1] - 213:20
RESPECT [2] - 239:6, 299:21
RESPECTIVE [1] - 287:22
Case 1:20-cr-00296-JPB-CMS Document 1030 Filed 06/14/24 Page 193 of 198
RESPOND [4] - 188:21, 188:23, 218:13,
218:18
RESPONDED [3] - 187:15, 191:15,
227:16
RESPONDING [2] - 218:12, 279:13
RESPONSE [8] - 210:14, 218:8, 224:10,
224:12, 224:13, 245:23, 245:25, 261:8
RESPONSES [1] - 238:16
RESPONSIBILITIES [1] - 162:16
RESPONSIBLE [1] - 180:12
RESPONSIVE [1] - 211:14
REST [9] - 133:22, 136:15, 206:8,
254:12, 255:13, 255:21, 262:2, 267:7,
267:18
RESTATE [1] - 291:1
RESTRICTED [1] - 1:4
RESTS [2] - 137:4, 256:7
RESWORN [1] - 137:20
RETAINER [1] - 237:25
RETIRED [3] - 188:12, 188:17, 189:7
REVERSE [1] - 301:18
REVERSES [1] - 302:4
REVERSING [1] - 241:4
REVIEW [5] - 184:4, 184:10, 250:10,
290:9, 291:10
REVIEWING [3] - 184:14, 189:21,
297:22
REVISE [1] - 291:19
RICHARDS [1] - 279:21
RICKY [3] - 283:2, 286:22, 302:7
RIDING [2] - 167:15, 239:20
RIGHTS [6] - 132:17, 135:1, 135:21,
135:22, 254:7, 287:8
RIOS [1] - 288:9
RISE [1] - 289:16
RMR [2] - 130:24, 303:15
ROADRUNNER [2] - 171:24, 173:23
RODE [1] - 167:15
ROLE [4] - 277:9, 278:16, 278:21, 280:1
ROOM [1] - 177:5
ROUTING [3] - 158:4, 158:7, 221:5
RUDE [1] - 207:8
RULE [10] - 229:23, 245:13, 255:13,
259:4, 259:23, 260:1, 260:16, 261:4,
261:23
RULE [2] - 271:25, 282:15
RULES [1] - 179:20
RULING [1] - 281:4
S
SALARY [1] - 149:15
SALE [4] - 205:10, 205:19, 206:14,
243:24
SAMIR [1] - 130:15
SAMPLE [1] - 197:14
SAND [1] - 272:8
SARALIENE [1] - 130:18
SARCASTIC [1] - 227:20
SAW [9] - 151:2, 152:19, 156:13,
160:13, 167:25, 168:5, 204:14,
240:17, 265:25
SCALE [1] - 200:13
SCENES [1] - 164:10
SCHEDULING [1] - 160:21
SCHOOL [1] - 248:8
SCOUT [1] - 203:21
SCREEN [2] - 157:13, 244:7
SCRIVENER [1] - 301:23
SCROLL [2] - 193:8, 213:7
SCROLLING [1] - 270:21
SEAL [1] - 265:21
SEARCH [1] - 209:23
SEATED [8] - 134:16, 134:24, 135:9,
136:23, 212:18, 252:22, 256:5, 258:25
SECOND [18] - 143:22, 155:6, 155:11,
155:25, 157:16, 158:9, 158:14,
159:18, 174:18, 174:20, 193:8,
217:14, 231:2, 259:7, 263:21, 284:19,
296:19, 297:11
SECOND [1] - 282:16
SECRET [2] - 141:2, 280:1
SECRETS [7] - 141:3, 180:17, 180:19,
202:10, 202:20, 203:4, 236:14
SECURE [1] - 170:14
SECURED [2] - 167:4, 241:22
SECURITY [1] - 198:25
SEE [46] - 142:14, 143:16, 146:3,
147:21, 150:8, 151:14, 155:10,
157:16, 158:21, 159:1, 159:4, 159:7,
159:13, 165:11, 168:19, 171:3, 171:5,
171:7, 171:16, 171:19, 172:10,
172:14, 172:20, 174:22, 184:9,
191:22, 192:25, 193:1, 193:8, 194:1,
194:15, 196:10, 204:13, 205:21,
206:18, 206:22, 222:14, 236:4,
236:25, 239:23, 240:3, 250:6, 257:18,
258:23, 265:25, 299:25
SEEING [1] - 150:1
SEEM [1] - 277:22
SELECTED [1] - 163:4
SELECTIVE [1] - 284:12
SELF [1] - 253:14
SELF-INCRIMINATION [1] - 253:14
SELLING [1] - 209:4
SEND [1] - 157:25
SEND [9] - 159:7, 159:20, 192:20,
197:20, 220:1, 224:10, 295:15,
298:11, 298:20
SENDING [15] - 185:5, 191:13, 191:16,
191:17, 192:23, 193:10, 193:24,
194:16, 194:23, 195:15, 219:22,
222:23, 249:16, 251:3, 298:21
SENIOR [1] - 234:15
SENT [43] - 159:22, 182:24, 184:16,
189:22, 190:16, 191:1, 191:8, 191:11,
193:5, 193:6, 193:17, 194:10, 194:25,
195:2, 195:5, 195:20, 197:24, 198:10,
216:17, 219:24, 220:3, 220:7, 220:8,
221:15, 227:18, 228:10, 228:17,
322
229:9, 230:7, 244:21, 246:14, 247:7,
247:24, 248:7, 248:14, 249:5, 250:20,
265:23, 284:18, 285:2, 294:10, 296:7,
296:8
SENTENCE [2] - 282:9, 284:19
SENTENCING [3] - 187:8, 292:18,
292:24
SEPARATE [2] - 251:21
SEPARATED [1] - 202:3
SEPARATELY [1] - 212:8
SEPTEMBER [1] - 235:18
SERIES [1] - 283:21
SERVE [3] - 282:7, 282:21, 284:15
SERVICES [44] - 148:14, 148:15,
148:19, 152:4, 156:25, 158:2, 160:10,
160:19, 160:20, 161:23, 162:5,
162:25, 182:10, 183:12, 184:17,
185:24, 185:25, 186:13, 187:5,
187:13, 199:14, 199:18, 211:6,
213:10, 219:7, 220:17, 221:6, 229:18,
230:16, 232:8, 232:24, 233:7, 238:22,
239:2, 239:4, 240:23, 244:17, 244:23,
246:2, 249:11, 249:19, 250:3, 251:18,
251:25
SERVICES [7] - 183:14, 184:21, 184:25,
245:1, 245:5, 250:23, 250:25
SESSION [1] - 130:6
SET [2] - 239:2, 277:14
SETS [1] - 160:18
SEVENTH [1] - 282:18
SEVERAL [9] - 195:15, 203:18, 205:1,
209:2, 210:10, 223:13, 227:22, 235:2,
274:1
SHAMBLES [1] - 170:9
SHAPED [1] - 204:22
SHEET [1] - 146:9
SHIT [1] - 273:13
SHIT [6] - 230:10, 230:11, 232:21,
233:2, 234:18
SHORT [5] - 188:19, 227:20, 242:25,
275:14, 279:19
SHORT-TERM [1] - 188:19
SHORTER [2] - 256:22, 292:11
SHORTLY [1] - 272:16
SHOW [13] - 155:5, 163:20, 163:22,
167:7, 170:24, 183:10, 194:8, 206:8,
226:20, 235:7, 246:3, 285:9, 285:12
SHOWED [11] - 170:12, 183:16, 200:4,
207:12, 211:1, 216:9, 223:9, 225:4,
243:17, 244:2, 244:4
SHOWING [5] - 143:14, 285:4, 286:9,
289:1, 289:8
SHOWN [13] - 142:17, 168:9, 186:23,
235:2, 235:13, 236:7, 236:9, 251:25,
259:10, 277:14, 277:18, 279:6, 279:10
SHOWS [1] - 273:15
SHUT [1] - 216:1
SIC [7] - 137:7, 169:11, 222:24, 238:23,
240:10, 301:1
SIC) [1] - 189:22
Case 1:20-cr-00296-JPB-CMS Document 1030 Filed 06/14/24 Page 194 of 198
SIDE [6] - 194:4, 194:19, 206:15, 237:7
SIGN [9] - 165:18, 171:21, 205:11,
205:19, 205:24, 206:14, 207:3, 207:14
SIGNATURE [11] - 142:13, 142:17,
150:5, 150:6, 150:7, 171:11, 213:1,
213:2, 213:4, 231:5, 237:3
SIGNATURES [4] - 142:8, 142:15,
143:23, 171:14
SIGNED [11] - 143:25, 189:18, 189:22,
190:4, 190:5, 190:6, 190:7, 190:8,
190:16, 191:1, 201:3
SIGNER [2] - 143:2, 172:1
SIGNERS [1] - 142:3
SIGNIFICANT [4] - 141:4, 228:3, 229:5,
255:6
SIGNING [1] - 142:20
SIMULTANEOUS [1] - 284:17
SIT [1] - 285:18
SITES [3] - 163:10, 168:2, 168:5
SITTING [5] - 134:4, 181:16, 185:19,
281:21, 286:1
SITUATION [4] - 268:17, 286:7, 286:24,
287:6
SIX [2] - 189:7, 205:8
SLIGHTLY [1] - 292:14
SLIP [1] - 213:25
SLOW [2] - 188:21, 188:23
SOCIAL [1] - 198:25
SOLUTION [1] - 267:3
SOMEONE [15] - 144:20, 191:19,
193:22, 198:1, 201:8, 203:14, 259:17,
266:6, 267:6, 267:14, 267:17, 268:12,
278:11, 285:21
SOMETHING'S [1] - 298:17
SOMETIMES [1] - 157:24
SOMEWHERE [12] - 139:22, 147:16,
149:14, 164:21, 164:23, 202:5, 208:3,
221:1, 226:20, 226:25, 234:8, 244:19
SOON [1] - 228:8
SOPHISTICATED [2] - 200:9, 201:6
SORRY [27] - 134:17, 136:25, 137:15,
178:3, 189:11, 205:16, 210:24, 223:3,
230:24, 236:23, 259:7, 264:1, 265:20,
266:11, 268:14, 270:21, 276:10,
276:15, 276:17, 282:23, 282:24,
286:16, 292:13, 294:16, 295:20,
295:22
SORRY [1] - 299:5
SORT [5] - 149:8, 157:11, 278:19,
293:9, 293:17
SOUNDS [4] - 141:2, 295:1, 300:18,
301:22
SOURCE [13] - 161:15, 170:22, 185:3,
251:1, 260:5, 260:6, 261:14, 261:19,
270:25, 272:9, 272:18, 273:7, 273:16
SOUTH [1] - 204:12
SPEAKING [1] - 144:23
SPECIAL [1] - 256:11
SPECIFIC [1] - 244:15
SPECIFICALLY [6] - 259:12, 260:21,
261:13, 278:23, 279:9, 292:25
SPECIFIED [3] - 260:21, 261:12, 261:21
SPECULATION [4] - 147:7, 161:6,
234:20, 290:22
SPEECH [1] - 188:22
SPELL [1] - 138:2
SPELLING [1] - 157:25
SPENT [3] - 185:4, 201:13, 251:2
SPREADSHEET [1] - 150:18
ST [2] - 240:12, 243:18
ST [1] - 240:12
STACEY [1] - 138:4
STACEY [1] - 138:4
STACK [2] - 297:25, 298:8
STAFF [1] - 252:18
STAGE [1] - 176:12
STAND [7] - 134:22, 135:5, 137:8,
155:24, 256:12, 275:19, 292:20
STANDARD [1] - 260:10
STAPLED [1] - 228:15
START [5] - 181:20, 258:17, 258:18,
274:23, 275:2
STARTED [4] - 204:1, 204:2, 204:4,
214:19
STARTING [2] - 250:16, 297:7
STARTS [1] - 156:17
STATE [5] - 137:7, 137:13, 166:15,
240:10
STATE [4] - 138:2, 183:2, 259:2, 267:1
STATEMENT [32] - 145:11, 146:10,
159:3, 171:11, 172:13, 172:14, 191:9,
191:11, 191:14, 191:15, 191:17,
192:7, 192:10, 192:12, 192:13,
192:23, 193:1, 193:10, 193:11,
194:23, 195:11, 210:1, 251:9, 251:10,
266:18, 266:23, 267:2, 267:6, 270:2,
271:9, 277:14, 285:23
STATEMENTS [12] - 147:21, 173:20,
173:22, 191:17, 191:19, 192:20,
193:6, 195:2, 195:5, 238:11, 244:15,
293:11
STATES [5] - 256:11, 276:12, 282:4,
287:1, 288:9
STATES [6] - 130:1, 130:4, 130:10,
130:16, 130:25, 303:3
STATUTES [2] - 270:13, 270:14
STAY [3] - 176:15, 176:25, 296:17
STAYED [2] - 177:12, 239:18
STAYING [1] - 178:5
STENOGRAPHICALLY [1] - 130:23
STEP [4] - 134:18, 179:1, 252:12,
257:24
STILL [11] - 134:1, 134:3, 167:24,
176:14, 176:15, 176:18, 244:10,
245:15, 250:11, 278:7, 291:18
STIPULATION [3] - 275:6, 295:7,
295:10
STIPULATIONS [2] - 295:5, 295:16
STITES [19] - 223:3, 223:12, 223:15,
223:18, 223:21, 224:15, 225:5, 226:2,
323
227:22, 228:2, 228:17, 228:23,
242:16, 242:22, 243:1, 243:6, 256:11,
256:22, 257:16
STITES [2] - 131:7, 256:16
STOLEN [1] - 197:20
STORY [1] - 228:23
STREET [3] - 165:18, 205:24, 206:6
STREET [3] - 240:10, 247:10, 247:25
STRIKE [3] - 211:13, 211:16, 263:7
STRIKES [1] - 274:1
STROKE [2] - 188:1, 188:5
STRONG [1] - 268:9
STRONGER [1] - 262:3
STRONGLY [2] - 272:21, 301:9
STUB [1] - 199:17
STUBS [3] - 196:22, 199:19, 199:22
STUDENTS [1] - 166:17
STUFF [11] - 150:18, 167:3, 195:9,
204:11, 207:5, 209:22, 226:23,
232:17, 236:9, 239:8, 239:17
STUTTERING [1] - 188:22
SUB [4] - 229:22, 245:12, 245:21,
245:22
SUBJECT [3] - 254:17, 259:16, 294:19
SUBMIT [3] - 164:12, 233:20, 252:1
SUBMITTED [8] - 144:5, 146:16,
164:24, 190:19, 237:9, 246:6, 279:7,
279:14
SUBMITTING [1] - 146:22
SUBPOENA [4] - 179:2, 179:13, 209:23,
224:10
SUBPOENAED [1] - 179:19
SUBPOENAS [3] - 223:21, 224:1, 224:2
SUBSTANCE [1] - 297:1
SUBSTANTIAL [2] - 289:8, 289:13
SUDDEN [3] - 189:8, 216:9, 222:21
SUFFICIENCY [1] - 260:13
SUFFICIENT [2] - 262:8
SUGGEST [2] - 283:11, 284:4
SUGGESTED [2] - 135:13, 241:21
SUGGESTIONS [1] - 299:6
SUGGESTS [1] - 267:24
SUPPLEMENTAL [4] - 265:14, 266:12,
275:10, 275:25
SUPPORT [4] - 270:9, 272:13, 272:22,
273:21
SUPPOSED [8] - 141:15, 152:8, 181:13,
181:16, 181:20, 187:12, 229:1, 244:18
SUPPOSEDLY [3] - 198:7, 218:21,
241:20
SUPREME [1] - 269:18
SUSTAIN [2] - 195:22, 281:3
SUSTAINED [1] - 234:25
SUSTAINING [1] - 281:14
SWEAR [3] - 135:6, 136:17, 137:11
SWITCH [3] - 200:7, 301:20, 301:21
SWORE [1] - 181:25
SWORN [2] - 135:8, 256:14
SYSTEM [1] - 180:11
Case 1:20-cr-00296-JPB-CMS Document 1030 Filed 06/14/24 Page 195 of 198
T
TABBED [1] - 266:11
TABLE [1] - 157:14
TABLES [1] - 181:16
TAILOR [1] - 268:16
TAL [1] - 130:14
TALKS [1] - 293:3
TAX [2] - 199:3, 199:5
TECHNOLOGY [1] - 137:9
TED [1] - 293:3
TELDRIN [2] - 130:7, 130:17
TELDRIN [2] - 138:7, 290:21
TEN [3] - 211:23, 252:19, 275:17
TEN-MINUTE [1] - 211:23
TEN-MINUTE-ER [1] - 252:19
TENDER [3] - 155:19, 164:12, 165:1
TERM [1] - 188:19
TESTIFIED [26] - 137:21, 162:13,
176:11, 178:14, 182:8, 186:11, 187:2,
187:20, 189:11, 202:9, 202:16,
202:22, 202:24, 203:7, 208:20,
213:12, 229:10, 253:25, 256:18,
263:10, 263:18, 264:24, 267:25,
268:2, 273:20, 287:9
TESTIFIES [1] - 264:24
TESTIFY [33] - 132:4, 132:5, 132:9,
132:19, 132:22, 133:3, 133:13,
135:15, 135:16, 179:3, 179:14,
179:17, 180:6, 240:24, 253:6, 253:17,
253:18, 253:24, 254:8, 268:6, 268:18,
282:13, 283:12, 283:17, 284:6,
285:15, 286:3, 286:12, 288:19,
288:23, 289:21
TESTIFYING [2] - 180:4, 189:15
TESTIMONY [24] - 186:15, 186:19,
187:22, 191:18, 210:7, 210:8, 221:20,
222:23, 256:22, 260:3, 265:1, 267:23,
272:6, 273:4, 273:9, 273:25, 283:15,
285:4, 285:9, 286:23, 288:15, 289:2,
289:17, 290:19
TEXT [31] - 155:8, 155:12, 155:15,
155:17, 156:4, 156:8, 157:16, 192:22,
207:4, 207:6, 207:9, 207:12, 207:23,
208:2, 209:8, 209:11, 209:13, 211:2,
211:4, 216:17, 218:8, 218:13, 225:16,
227:12, 227:24, 227:25, 228:2,
228:16, 228:22, 229:9, 243:7
TEXTED [8] - 155:12, 216:20, 217:4,
225:14, 225:24, 227:9, 227:15, 229:4
TEXTING [1] - 156:2
THAT'LL [1] - 291:8
THE [220] - 1:2, 1:4, 1:6, 1:7, 1:8, 1:10,
130:1, 130:10, 130:14, 130:17,
130:20, 132:2, 132:7, 132:11, 132:21,
133:2, 133:6, 133:11, 133:15, 133:20,
133:24, 134:3, 134:6, 134:8, 134:13,
134:16, 134:21, 134:24, 135:4, 135:9,
135:19, 135:20, 136:1, 136:2, 136:7,
136:9, 136:11, 136:19, 136:20,
136:23, 137:5, 137:11, 147:15,
155:23, 165:5, 174:3, 180:24, 181:1,
181:2, 181:3, 184:1, 184:11, 186:4,
186:8, 186:25, 187:14, 187:18,
195:17, 195:22, 196:16, 197:8, 208:6,
209:25, 210:5, 210:14, 210:16,
210:19, 211:15, 211:21, 212:2, 212:5,
212:6, 212:12, 212:18, 230:3, 231:16,
231:20, 231:22, 234:25, 245:16,
245:19, 245:21, 245:23, 246:9,
246:11, 252:7, 252:11, 252:14,
252:22, 252:24, 253:2, 253:5, 253:9,
253:16, 253:20, 253:23, 254:3, 254:6,
254:10, 254:17, 255:9, 255:11,
255:15, 255:19, 256:1, 256:5, 256:8,
256:13, 257:12, 257:24, 258:3, 258:9,
258:25, 259:24, 261:7, 262:5, 262:20,
262:25, 263:4, 263:7, 263:11, 263:13,
263:16, 263:19, 263:21, 263:23,
263:25, 264:6, 264:9, 264:15, 264:21,
265:5, 265:8, 265:11, 265:18, 265:24,
266:3, 266:6, 266:10, 266:16, 267:12,
267:16, 268:8, 268:14, 268:21,
268:25, 269:2, 269:4, 269:12, 270:6,
270:11, 271:6, 271:9, 271:16, 271:18,
271:24, 272:24, 273:23, 274:13,
274:21, 275:10, 275:24, 276:2, 276:6,
276:9, 276:15, 276:18, 277:21, 278:4,
279:17, 280:15, 281:2, 281:19,
281:22, 282:1, 282:23, 284:7, 284:24,
285:16, 286:16, 286:20, 287:16,
287:23, 288:5, 290:1, 290:25, 291:20,
291:24, 292:5, 292:10, 293:19,
293:23, 294:3, 294:7, 294:11, 294:19,
294:22, 295:1, 295:4, 295:18, 295:23,
296:7, 297:4, 297:10, 297:15, 297:17,
297:19, 298:14, 299:3, 299:9, 299:22,
300:6, 300:18, 300:22, 301:12,
301:15, 301:22, 302:2
THEMSELVES [1] - 278:17
THEORY [5] - 276:3, 276:22, 280:2,
280:8, 291:13
THEREAFTER [1] - 279:23
THEREFORE [2] - 211:11, 290:13
THEY'VE [1] - 238:1
THINKING [1] - 239:15
THINKS [1] - 201:4
THIRD [8] - 172:17, 198:4, 217:21,
260:18, 261:11, 261:17, 296:23,
297:12
THOMAS [59] - 144:9, 144:10, 144:11,
144:16, 144:25, 150:23, 173:6, 173:8,
190:3, 190:7, 190:16, 190:19, 191:5,
191:8, 192:11, 192:21, 193:5, 193:7,
193:23, 193:25, 194:13, 194:22,
194:23, 195:2, 195:11, 214:19, 224:1,
224:9, 225:14, 225:24, 227:19, 228:5,
228:11, 228:18, 230:7, 231:3, 232:15,
233:5, 241:21, 242:6, 242:12, 246:6,
246:15, 246:20, 246:24, 247:7,
324
247:24, 248:7, 249:17, 249:23, 251:5,
273:8, 273:12, 273:20, 290:20,
292:22, 293:2, 293:3, 293:12
THOMAS'S [1] - 241:15
THREE [8] - 168:16, 180:5, 194:13,
194:24, 216:20, 235:13, 294:7
THREE-PAGE [1] - 235:13
TIED [1] - 278:23
TIMBERLAKE [1] - 137:10
TIMBERLAKE [1] - 136:5
TIMBERLAKE-WILEY [1] - 137:10
TIMBERLAKE-WILEY [1] - 136:5
TIMING [2] - 221:14, 255:12
TITAN [1] - 153:24
TITLE [3] - 171:6, 171:7, 274:24
TITLES [3] - 196:24, 197:10
TO [2] - 1:5, 1:9
TODAY [16] - 180:4, 180:13, 181:23,
186:15, 187:23, 225:25, 226:11,
226:12, 228:24, 229:4, 238:11,
256:23, 272:6, 272:14, 272:21, 286:1
TOGETHER [8] - 139:8, 155:25, 176:15,
189:9, 201:13, 239:21, 293:13, 298:14
TOMORROW [7] - 258:23, 281:6, 291:1,
297:22, 297:23, 299:7, 299:8
TONIGHT [1] - 299:9
TOOK [6] - 147:17, 151:24, 167:10,
208:12, 214:22, 214:25
TOP [8] - 146:9, 146:10, 156:8, 159:2,
171:1, 171:6, 174:6, 183:20
TOTALITY [1] - 254:21
TOUCH [2] - 276:10, 291:5
TOWARDS [2] - 150:16, 268:16
TRACKING [1] - 297:24
TRAIL [2] - 228:4, 229:5
TRANSACTION [11] - 146:3, 174:14,
186:6, 207:7, 210:10, 260:7, 260:24,
261:15, 261:18, 270:24, 271:3
TRANSACTIONS [6] - 146:1, 172:17,
173:18, 174:15, 174:22, 174:24
TRANSCRIPT [5] - 1:3, 1:6, 1:8, 1:9,
130:9
TRANSCRIPT [11] - 183:17, 184:5,
184:14, 186:14, 244:10, 250:6,
250:11, 251:9, 286:18, 290:9, 303:7
TRANSCRIPTS [1] - 1:3
TRANSFER [34] - 138:19, 158:10,
158:14, 159:3, 159:11, 159:13,
159:17, 159:18, 159:20, 159:22,
161:2, 161:14, 183:11, 183:13,
184:16, 184:20, 184:24, 185:2,
220:16, 220:19, 220:23, 221:4,
221:11, 221:15, 221:20, 244:16,
244:21, 244:25, 245:4, 250:20,
250:22, 250:24, 250:25, 261:18
TRANSFERRING [1] - 214:12
TRANSPORTATION [1] - 141:15
TRAVEL [48] - 141:7, 141:11, 141:14,
141:25, 142:4, 143:9, 143:18, 144:4,
145:20, 146:16, 146:23, 147:6,
Case 1:20-cr-00296-JPB-CMS Document 1030 Filed 06/14/24 Page 196 of 198
158:15, 160:5, 161:24, 178:16, 182:9,
183:8, 183:11, 185:10, 186:2, 186:12,
187:10, 187:21, 190:16, 191:9,
191:12, 191:20, 192:8, 193:7, 194:22,
196:12, 213:9, 214:24, 215:10,
220:17, 221:24, 221:25, 222:16,
222:22, 222:24, 226:17, 229:11,
238:23, 240:22, 244:16, 246:8, 246:22
TREATMENT [1] - 267:25
TREE [4] - 206:15, 206:16, 206:18,
206:22
TRIAL [1] - 130:9
TRIAL [9] - 181:14, 181:19, 182:22,
183:10, 253:17, 283:9, 290:6, 290:13,
292:17
TRIED [1] - 286:15
TRIER [1] - 262:9
TRIP [5] - 203:16, 203:20, 203:23,
204:1, 204:9
TROUBLE [2] - 179:20, 188:23
TRUE [8] - 188:1, 188:7, 251:10, 283:4,
285:18, 285:24, 290:6, 303:6
TRUST [1] - 202:12
TRUTH [3] - 145:12, 181:25, 278:17
TRUTHFUL [1] - 238:10
TRUTHFULLY [1] - 180:6
TRUTHFULNESS [1] - 264:12
TRY [3] - 224:21, 243:8, 290:12
TRYING [11] - 144:17, 144:18, 195:6,
207:8, 209:18, 218:11, 242:6, 273:6,
273:15
TUCKER [1] - 239:19
TURN [3] - 209:22, 228:15, 244:13
TWO [23] - 138:9, 138:13, 140:16,
140:17, 154:8, 154:22, 168:16,
176:14, 177:2, 181:13, 185:19,
186:10, 186:19, 194:7, 195:4, 238:19,
241:10, 242:15, 266:12, 269:6,
275:25, 299:5, 301:14
TYPE [4] - 132:14, 141:13, 234:17,
238:6
TYPED [2] - 198:7, 198:16
TYPES [1] - 238:3
TYPICALLY [2] - 278:17, 286:7
U
UGLY [1] - 170:12
UNANIMOUSLY [3] - 282:20, 300:8,
300:17
UNAVAILABLE [5] - 286:8, 286:10,
286:13, 288:2
UNDER [13] - 133:3, 135:22, 181:22,
185:20, 186:11, 186:15, 209:21,
259:4, 265:21, 270:5, 279:15, 283:13,
299:13
UNDER [1] - 248:14
UNDERAGE [1] - 278:12
UNDERLYING [1] - 182:6
UNDERSTOOD [3] - 203:15, 254:7,
299:1
UNDERWAY [1] - 214:10
UNFAITHFUL [4] - 180:19, 202:23,
203:1, 203:5
UNFAVORABLE [1] - 289:17
UNITED [6] - 130:1, 130:4, 130:10,
130:16, 130:25, 303:3
UNITED [5] - 256:11, 276:12, 282:4,
287:1, 288:9
UNIVERSE [1] - 269:10
UNIVERSITY [1] - 166:15
UNLAWFUL [3] - 260:21, 261:13,
261:21
UNTRUTHFUL [2] - 187:8, 239:6
UNUSUAL [2] - 237:12
UP [69] - 139:18, 142:6, 143:11, 145:24,
146:12, 148:9, 149:19, 151:8, 151:23,
156:7, 158:18, 159:5, 165:15, 165:20,
168:3, 168:11, 169:9, 169:10, 170:8,
170:12, 172:7, 172:18, 173:25, 174:2,
174:10, 176:6, 177:25, 191:3, 191:24,
193:8, 198:7, 204:11, 205:14, 205:16,
209:11, 210:23, 213:22, 214:11,
216:9, 218:18, 223:9, 225:4, 228:7,
231:23, 234:12, 235:6, 235:10,
235:11, 236:5, 236:20, 238:7, 239:2,
239:11, 240:3, 243:5, 244:1, 244:3,
245:16, 250:11, 255:8, 270:21,
273:13, 275:19, 276:20, 284:9,
285:22, 288:6, 290:7
UP-AND-UP [1] - 234:12
UPDATED [1] - 270:17
UPFRONT [3] - 201:2, 237:24, 238:4
UPSET [1] - 140:23
US [1] - 185:14
USAA [12] - 154:7, 154:13, 156:5, 175:2,
175:6, 217:1, 217:4, 217:7, 217:12,
218:16, 220:10, 221:18
UTILITY [1] - 198:23
V
VAGUELY [3] - 166:12, 201:18, 239:13
VARIOUS [3] - 200:15, 246:14, 270:13
VEHICLE [2] - 196:24, 197:10
VERBAL [1] - 227:24
VERDICT [13] - 280:7, 299:4, 299:6,
299:11, 299:16, 299:19, 299:20,
299:21, 299:23, 300:3, 301:19, 302:3,
302:4
VERIFY [3] - 226:18, 227:7, 227:10
VERIFYING [1] - 227:3
VERSION [1] - 277:3
VIA [2] - 135:18, 137:9
VIDEO [1] - 135:18
VIEW [1] - 274:12
VIEWED [1] - 262:7
VIOLATE [1] - 179:20
VIRTUE [1] - 255:3
VIS [2] - 274:8
325
VIS-A-VIS [1] - 274:8
VISIT [4] - 163:14, 168:6, 208:20,
242:17
VISITED [1] - 205:1
VISITING [1] - 167:11
VOLUME [1] - 130:6
VOLUNTARILY [1] - 179:14
VS [1] - 130:5
W
W-2S [2] - 199:5, 199:21
WAIT [1] - 218:14
WALK [2] - 157:13, 275:15
WANTS [4] - 274:9, 275:15, 298:14,
301:18
WARRANTS [1] - 209:24
WASHINGTON [1] - 285:22
WATER [1] - 181:2
WEAVE [1] - 278:17
WEBSTER [29] - 132:3, 132:15, 133:17,
136:15, 137:3, 137:5, 252:8, 257:2,
258:3, 259:1, 265:15, 267:1, 268:8,
268:25, 269:14, 271:7, 273:1, 274:8,
274:13, 277:21, 280:16, 283:21,
284:7, 285:14, 292:7, 294:7, 295:1,
301:24, 302:4
WEBSTER [58] - 130:18, 132:6, 132:9,
133:19, 133:23, 134:12, 136:6, 137:4,
155:22, 165:4, 230:2, 231:19, 252:10,
257:13, 257:15, 257:21, 258:5, 259:3,
259:9, 262:21, 263:15, 263:20, 264:8,
264:13, 264:19, 265:9, 265:16,
265:20, 266:2, 266:4, 266:8, 266:14,
267:10, 268:9, 269:1, 269:17, 271:8,
271:14, 273:2, 274:16, 275:8, 278:3,
278:8, 284:22, 286:17, 290:8, 291:22,
292:2, 292:13, 294:6, 294:17, 294:25,
296:23, 297:9, 297:14, 301:8, 301:13,
301:25
WEBSTER'S [1] - 301:22
WEDLOCK [1] - 141:5
WEEK [5] - 176:25, 177:1, 181:19,
238:17, 285:22
WEEKS [6] - 181:13, 185:19, 186:10,
186:19, 195:4, 238:19
WHATNOT [1] - 295:6
WHATSAPP [1] - 293:4
WHEREAS [2] - 280:8, 280:18
WHITE [2] - 206:18, 207:2
WHOLE [11] - 166:12, 167:4, 174:16,
190:1, 204:22, 215:5, 216:5, 234:21,
236:15, 251:21, 270:24
WHOLLY [1] - 274:6
WIFE [17] - 141:3, 148:20, 149:1,
149:14, 157:24, 161:20, 169:25,
170:17, 174:4, 176:10, 185:6, 230:10,
232:14, 232:21, 234:23, 251:4, 273:14
WIFE'S [7] - 148:12, 149:3, 150:2,
150:4, 179:17, 225:25, 234:10
Case 1:20-cr-00296-JPB-CMS Document 1030 Filed 06/14/24 Page 197 of 198
WILEY [9] - 135:18, 137:10, 179:7,
179:9, 180:9, 183:23, 183:24, 184:1,
252:24
WILEY [3] - 136:5, 252:23, 253:1
WILL [1] - 1:4
WILLIAM [1] - 279:24
WILLING [2] - 279:11, 301:22
WILLINGNESS [2] - 290:12, 290:15
WINDOW [3] - 206:17, 208:8, 240:18
WIRE [33] - 138:19, 158:7, 158:10,
158:14, 159:11, 159:13, 159:17,
161:2, 161:14, 183:11, 184:16,
219:10, 219:12, 220:3, 220:16,
220:19, 220:22, 221:12, 221:15,
221:20, 241:4, 244:15, 244:21,
250:20, 260:21, 260:23, 260:24,
261:3, 261:13, 261:16, 261:18,
261:20, 271:19
WIRED [2] - 160:9, 173:6
WIRES [1] - 220:8
WIRING [3] - 158:4, 219:6, 219:21
WITH [1] - 1:10
WITHDRAW [3] - 262:21, 271:21,
271:23
WITHDRAWAL [1] - 175:9
WITHDRAWN [5] - 259:16, 259:17,
263:8, 271:24, 300:20
WITHDREW [1] - 175:10
WITNESS [37] - 131:2, 134:21, 135:4,
135:6, 135:12, 136:17, 137:20,
185:24, 231:19, 256:17, 264:11,
267:24, 268:1, 282:7, 282:8, 282:12,
282:15, 282:21, 282:22, 283:7,
284:15, 284:16, 285:7, 286:4, 286:5,
286:7, 286:9, 287:6, 288:12, 288:18,
288:22, 289:4, 289:9, 289:12, 289:13,
289:20, 289:22
WITNESS [7] - 135:19, 136:1, 136:19,
174:3, 181:2, 208:6, 212:5
WITNESS [2] - 252:13, 257:25
WITNESS'S [2] - 288:15, 289:17
WITNESSES [5] - 133:24, 253:3, 253:4,
273:17, 287:5
WOMEN [1] - 140:12
WONDERFUL [2] - 258:22, 297:20
WORD [1] - 299:18
WORD [2] - 280:23, 300:8
WORDING [1] - 268:11
WORDS [3] - 275:1, 297:11, 297:12
WORKERS [1] - 150:17
WORKS [2] - 180:11, 200:13
WORLD [3] - 200:11, 226:23, 226:24
WORSE [1] - 189:2
WORTH [1] - 200:18
WOW [1] - 227:16
WOW [1] - 221:21
WRITE [8] - 213:15, 216:21, 217:14,
218:15, 218:17, 218:21, 221:10,
232:20
WRITTEN [1] - 238:7
326
WROTE [10] - 150:2, 150:4, 152:23,
153:11, 154:20, 213:10, 213:12,
221:18, 228:2, 285:2
Y
Y'ALL [13] - 134:16, 134:24, 136:23,
201:13, 212:18, 252:22, 256:5,
258:25, 294:12, 296:7, 298:5, 298:7,
298:19
YEAR [2] - 139:21, 235:17
YEARS [18] - 139:3, 139:5, 139:6,
147:11, 149:5, 180:5, 188:10, 189:8,
194:24, 196:13, 199:25, 200:3,
203:18, 205:8, 234:3, 234:7, 270:16
YESTERDAY [7] - 259:6, 260:2, 260:4,
262:2, 262:4, 265:21, 292:15
YOU [2] - 1:5, 1:8
YOURSELF [4] - 135:24, 183:21, 267:7,
267:17
YOURSELVES [2] - 258:16, 258:20
Z
ZERO [1] - 221:25
ZILLOW [5] - 240:3, 240:6, 243:20,
243:21, 243:23
ZOOM [2] - 137:9, 179:10
ZOOM [1] - 142:7
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