Court filing
Transcript of Change of Plea as to Amber Rewis Bruey held on 03/16/22 — USA v. Bruey et al. (Dkt. 132, M.D. Fla.)
Filed August 23, 2022 in USA v. Bruey et al.; one of 73 filings from this case.
Record facts
| Court | U.S. District Court for the Middle District of Florida |
|---|---|
| Filed | 2022-08-23 |
U.S. District Court for the Middle District of Florida · No. 2:21-cr-00074 · Doc. 132 · 2022-08-23 · Docket on CourtListener
Full text
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
UNITED STATES OF AMERICA, ) Fort Myers, Florida
)
) Case 2:21-CR-74-JLB-MRM
Plaintiff )
) Wednesday, March 16, 2022
vs. )
) 10:09 a.m. to 11:05 a.m.
AMBER REWIS BRUEY, )
)
Defendant. )
_______________________________)
TRANSCRIPT OF CHANGE OF PLEA
HELD BEFORE THE HONORABLE MAC R. MCCOY,
United States Magistrate Judge
Official Court Reporter:
Jeffrey G. Thomas, RPR, CRR
2110 First Street, Suite 2-194
Fort Myers, FL 33901
Telephone: (239) 461-2033
(Proceedings recorded by Digital Recording Equipment.
Transcript produced using computer-aided transcription.)
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A P P E A R A N C E S
COUNSEL FOR GOVERNMENT:
United States Attorney's Office
Middle District of Florida
United States Courthouse
2110 First Street
Room 3-137
Fort Myers, FL 33901
(239)461-2200
BY: TRENT REICHLING, ESQ.
COUNSEL FOR DEFENDANT AMBER REWIS BRUEY:
Federal Public Defender's Office
2075 West First Street, Suite 300
Fort Myers, FL 33901
(239) 334-0397
BY: JAMES LAPPAN, ESQ.
* * *
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* * * P R O C E E D I N G S * * *
- - -
THE COURT: Good morning.
Madam Deputy, please call the case.
COURTROOM DEPUTY: Good morning, Your Honor.
Calling Case 2:21-CR-74-TPB-MRM, United States of
America versus Amber Rewis Bruey.
THE COURT: Good morning, counsel. Please state your
appearances, starting with counsel for the United States.
MR. REICHLING: Good morning, Your Honor. Trent
Reichling on behalf of the United States.
THE COURT: Good morning. And for the defense?
MR. SUMMERS: Good morning, Your Honor. Jim Lappan
for Amber Bruey. Your Honor, Amber Bruey appears by video
teleconference from her residence in North Carolina.
THE COURT: Good morning.
Good morning Miss Bruey.
THE DEFENDANT: Good morning, sir.
THE COURT: We're here for a change of plea hearing.
As I understand it, Ms. Bruey intends to plead
straight up to Counts 1, 2 through 11, 14, and 15 through 18 of
the indictment. Do I have the posture correct, Mr. Reichling,
from the United States?
MR. REICHLING: Yes, Your Honor.
THE COURT: Mr. Lappan, from the defense?
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MR. SUMMERS: Yes, Your Honor.
THE COURT: Mr. Lappan, before we go any further, did
you discuss with Miss Bruey her right to have this hearing in
person, given that we're proceeding by video conference today?
MR. LAPPAN: Yes, Your Honor.
THE COURT: I note for the record that you filed a
notice of consent to proceed by video conference, at Docket
Entry Number 65, on behalf of Ms. Bruey. For the record, does
she, in fact, consent to proceed by video today?
MR. LAPPAN: Yes, Your Honor.
THE COURT: Thank you.
Ms. Bruey, at this time I need to address you
directly. Ma'am, it's important that you understand that you
have the right to have this hearing in person, physically in
the courtroom, in front of me, with your lawyer present and
with the prosecutor present.
Mr. Lappan has just told me that he discussed that
with you, and, after that conversation, you agreed to proceed
by video today; but I want to make sure that you understand
that, by agreeing to proceed BY video today, you will waive and
give up your right to attend this hearing in person.
I also want to make sure that you understand that, if
you want to speak to Mr. Lappan at any time, you're more than
welcome to do so, and you can feel free to interrupt me and let
me know. I would then pause the proceeding and give you as
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much time as you need to speak directly to Mr. Lappan,
privately, using the video conferencing system.
Also, Ms. Bruey, if you encounter any technical
difficulties on your end that prevent you from seeing or
hearing any part of today's proceeding, you should interrupt me
and let me know right away, so that we can pause the proceeding
and repeat everything you may have missed.
Ma'am, do you understand these things?
THE DEFENDANT: Yes, Your Honor.
THE COURT: And, after hearing all of these things,
and discussing them with your attorney, do you agree to proceed
by video today?
THE DEFENDANT: Yes, Your Honor.
THE COURT: The Court finds that Ms. Bruey, after
conferring with counsel, has knowingly and voluntarily
consented to proceed by video with this change of plea hearing,
and waived her right to appear in person for the hearing.
Additionally, pursuant to the Court's administrative
order supplementing the CARES Act, the Court finds that the
plea in this case could not be further delayed without serious
harm to the interests of justice, because delaying the
proceedings further to accommodate an in-person plea hearing is
not practicable given that there is no ascertainable end to the
national emergency stemming from the COVID 19 virus, and the
interests of justice will be seriously harmed by prolonged
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indefinite delays of the plea hearing in light of Ms. Bruey's
stated desire to plead guilty.
I also find that proceeding with the plea hearing by
video conferencing at this time reduces the potential that any
necessary participant in the hearing, including specifically
Ms. Bruey, her counsel, the lead Assistant United States
Attorney, and others, may become unavailable or unable to
attend the plea hearing in person due to illness.
Mr. Reichling, does the government wish to state
anything for the record concerning the Court's findings under
the CARES Act?
MR. REICHLING: No, Your Honor.
THE COURT: Mr. Lappan, same question for the
defense, sir.
MR. LAPPAN: No, Your Honor.
THE COURT: Having satisfied the requirements of the
Court's administrative order supplementing the CARES Act, I
find that the Court can proceed with this felony plea hearing
by video conference. However, I remind all hearing
participants of the general prohibition against photographing,
recording, or rebroadcasting of court proceedings. Any
violation of these prohibitions may result in sanctions,
including removal of court issued media credentials, restricted
entry to future hearings, denial of entry to future hearings,
and any other sanctions deemed necessary by the Court.
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Ms. Bruey, ma'am, in a moment my Courtroom Deputy
Clerk is going to place you under oath. I tell you this
because it's very important that you understand the
consequences of taking the oath this morning.
If, in responding to any of my questions today, you
should provide any false or misleading information or answers,
you could be charged with additional crimes, such as perjury or
obstruction of justice. Those crimes would carry additional
penalties beyond any of the penalties you are facing in this
case.
Ma'am, do you understand these things?
THE DEFENDANT: Yes, sir.
THE COURT: Madam Deputy, please administer the oath.
COURTROOM DEPUTY: Yes, Your Honor.
Please raise your right hand.
Do you solemnly swear or affirm that the testimony
you give will be the truth, the whole truth, and nothing but
the truth?
THE DEFENDANT: Yes, ma'am.
COURTROOM DEPUTY: Thank you.
THE COURT: Thank you, Ms. Bruey. At this time,
would you state your full and complete name for the record?
THE DEFENDANT: Amber Rewis Bruey.
THE COURT: Ma'am, it's my understanding that you
wish to plead guilty to Counts 1, 2 through 11, 14, and 15
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through 18 of the indictment against you without the benefit of
a plea agreement. Is that correct?
THE DEFENDANT: Yes, Your Honor.
THE COURT: Ms. Bruey, the purpose of this hearing
this morning is to allow me to ask you questions about your
decision to plead guilty so that I can ensure that your
decision is being made knowingly and voluntarily, and that
there's a factual basis for your plea. So I'm going to have a
number of questions for you, but also some questions for your
attorney and for the government's attorney.
Ma'am, it's very important that you understand
everything we're going to discuss this morning. If you do not
understand something, you should feel free to interrupt me and
let me know so that either I or your lawyer can explain it to
you.
Additionally, as I mentioned earlier, you can speak
to Mr. Lappan privately at any point during today's hearing.
Feel free to interrupt me and let me know if that's what you
want to do. We'll then pause the formal hearing and let you
use the video conferencing system to speak to your lawyer.
Ma'am, do you understand these things?
THE DEFENDANT: Yes, sir.
THE COURT: Mr. Reichling, for the record, does the
Crime Victims' Rights Act apply, and if so, has the government
complied with it?
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MR. REICHLING: Yes, Your Honor, it does, and we have
complied with it.
THE COURT: Thank you.
Ms. Bruey, ma'am, before we go any further, I need to
explain to you that if, at the end of this hearing, you do
decide to enter a plea of guilt, and your plea is accepted by
the Court, it will become very difficult, if not impossible,
for you to later change your mind. Do you understand that?
THE DEFENDANT: Yes, sir.
THE COURT: Ms. Bruey, at this time I need to ask you
some questions that you may consider to be personal in nature.
I'd like you to understand the reason I'm asking you these
questions is to ensure for the record that you are competent to
enter a plea of guilt today. Do you understand what I mean by
that?
THE DEFENDANT: Yes, sir.
THE COURT: Okay. Let's start with this. How old
are you, ma'am?
THE DEFENDANT: Thirty five.
THE COURT: How far did you go in school?
THE DEFENDANT: College.
THE COURT: Did you obtain a college degree?
THE DEFENDANT: Yes, sir. Bachelor's.
THE COURT: I assume you can read, write, and
understand the English language; is that correct?
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THE DEFENDANT: Yes, sir.
THE COURT: Are you under the influence of any drugs,
alcohol, medication, or other intoxicant?
THE DEFENDANT: I take medications.
THE COURT: In the past 24 hours, what drugs or
medications have you taken?
THE DEFENDANT: Zolpidea. It's like Ambien. For
sleep.
THE COURT: When did you take it?
THE DEFENDANT: Last night. I take it every night.
And then Wellbutrin this morning.
THE COURT: And for what condition do you take the
Wellbutrin?
THE DEFENDANT: Depression and anxiety.
THE COURT: Are those medications prescribed to you
by a licensed medical practitioner?
THE DEFENDANT: Yes, sir.
THE COURT: Are you currently under treatment for
depression and anxiety?
THE DEFENDANT: Yes, sir.
THE COURT: How long have you been under treatment
for those conditions?
THE DEFENDANT: About seven years.
THE COURT: Other than the two medications you've
mentioned, have you taken any other drugs or medication of any
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kind in the last 24 hours?
THE DEFENDANT: Only Ibuprofen.
THE COURT: When did you take that?
THE DEFENDANT: Last night.
THE COURT: For what condition did you take that?
THE DEFENDANT: I've got scoliosis in my spine and
arthritis in my spine.
THE COURT: Any other medications in the past
24 hours?
THE DEFENDANT: No, sir.
THE COURT: Ma'am, is there anything about the
medications you've mentioned to me or the underlying conditions
for which you're taking those medication that would prevent you
from thinking clearly, from concentrating, or from
understanding these proceedings here today?
THE DEFENDANT: No, sir.
THE COURT: Do you know where you're at right now,
what you're here to do, and the importance of this proceeding
for your case?
THE DEFENDANT: Yes, sir.
THE COURT: Other than the conditions of depression
and anxiety that you mentioned, ma'am, have you been treated
for or suffered from any other mental or emotional diseases or
illnesses?
THE DEFENDANT: No, sir.
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THE COURT: Other than those conditions, to your
knowledge, are you now suffering from any other mental or
emotional diseases or illnesses?
THE DEFENDANT: No, sir.
THE COURT: Mr. Lappan, do you have any concerns
regarding your client's competency to enter a plea at this
time?
MR. LAPPAN: No, Your Honor.
THE COURT: Mr. Reichling, does the government have
any additional questions it would like me to ask on the issue
of competency?
MR. REICHLING: No, Your Honor.
THE COURT: The Court finds Ms. Bruey competent to
enter a plea of guilt today if she chooses to do so.
Ms. Bruey, if at any point in this hearing you need
take a break in order to regain your composure, please freely
free to let me know, and I'll be happy to accommodate that
request. Do you understand?
THE DEFENDANT: Yes, sir.
THE COURT: Ms. Bruey, it's important that you
understand that I am a United States Magistrate Judge. Your
case is assigned to District Judge Thomas P. Barber. You have
the right to have your guilty plea heard directly by the
District Judge, or you can agree to allow me to take your
guilty plea, today, as the assigned Magistrate Judge in your
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case.
If you agree to allow me to take your guilty plea
today, the District Judge will still be the one who decides
whether to accept your guilty plea; and, if he accepts your
guilty plea, he would be the one who imposes the sentence
against you in this case. I will not be the judge who imposes
a sentence against in you in this case. Ma'am, if you agree to
allow me to take your guilty plea today, you will be waiving
and giving up your right to have your guilty plea taken
directly by the District Judge.
Your attorney has filed a statement in your case, at
Docket Entry Number 65, which states that, after consultation
with your attorney, you agree to proceed with this change of
plea hearing before me, as the Magistrate Judge, in lieu of the
District Judge.
Ma'am, did you discuss these matters with your
attorney?
THE DEFENDANT: Yes, sir.
THE COURT: And do you consent to proceed before a
magistrate judge today for your guilty plea hearing?
THE DEFENDANT: Yes, sir.
THE COURT: Did anyone force you, threaten you,
coerce you, intimidate you, or promise you anything to get you
to agree to proceed before a magistrate judge today?
THE DEFENDANT: No, sir.
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THE COURT: Is it your independent decision to
consent to proceed before a magistrate judge today?
THE DEFENDANT: Yes, sir.
THE COURT: I find Ms. Bruey's waiver and consent are
made knowingly, freely, intelligently, and voluntarily, and I
will therefore go forward with the plea colloquy.
Mr. Lappan, I want to pause at this point to ask you,
in the future, if you would please use the Court's promulgated
form for both consent to the magistrate judge and the waiver of
the 14 day objection period in lieu of the filing you made in
this case if you're able to obtain your client's signature
prior to the hearing.
MR. LAPPAN: Yes, Your Honor. We'll do so. Thank
you.
THE COURT: Thank you.
Ms. Bruey, the Court must advise you that you have
certain rights in connection with this case.
You have the right to have the assistance of an
attorney at the trial and every stage of these criminal
proceedings whether or not you can afford one. That right
continues whether you plead guilty or not guilty.
You have the right to plead not guilty, and to
maintain that plea. If you maintain a plea of not guilty, you
would have the following rights under the Constitution and the
laws of the United States.
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You would have the right to a speedy and public
trial, and to be tried by a jury of 12 persons, or by the
District Judge if you waive a jury trial. If you are tried by
a jury, all 12 of the jurors would have to unanimously agree on
your guilt before you could be convicted.
Ma'am, you are presumed innocent, and before you
could be found guilty, the burden of proof is on the United
States to prove your guilt by competent and sufficient evidence
beyond a reasonable doubt. You do not have to prove that you
are innocent.
At your trial, the witnesses for the United States
would have to come to court and testify in front of you. You
would have the right to confront those witnesses against you.
That means you have the right to see, hear, question, and
cross-examine them.
Ma'am, you have a right to present evidence and
present witnesses of your own. If any witness were to refuse
to appear voluntarily, the Court could enter orders to make
them appear. That means the Court could compel their
attendance.
You have a right to testify at your trial, Ms. Bruey,
but you also have a right not to testify. That is, you have a
right to remain silent. No one could force you to incriminate
yourself. The choice to testify would be entirely up to you.
Ms. Bruey, do you understand your rights as the Court
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explained them to you?
THE DEFENDANT: Yes, sir.
THE COURT: Do you have any questions about anything
I've explained so far?
THE DEFENDANT: No, sir.
THE COURT: Now, Ms. Bruey, if you plead guilty to
Counts 1, 2 through 11, 14, and 15 through 18 of the indictment
against you without the benefit of a plea agreement, you will
waive and give up those rights I just told you about, there
will not be a trial; and, on your guilty plea, the District
Judge will find you guilty of each of those offenses, and will
convict you of each of those offenses.
Ma'am, a plea of guilty admits the truth of the
charges against you, but a plea of not guilty denies the
charges.
Has your attorney explained that difference to you,
and do you understand the difference between a plea of guilty
and not guilty?
THE DEFENDANT: Yes, sir.
THE COURT: Ms. Bruey, if you choose to plead guilty,
you must give up the right not to incriminate yourself, because
I have to ask you questions about the crimes to which you're
pleading guilty to satisfy myself that there's a factual basis
for your plea as to each count charged.
By pleading guilty, you also waive and give up your
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right to trial, to confrontation and cross-examination of
government witnesses, and to compulsory process for attendance
of defense witnesses at trial. Ma'am, because there would be
no trial in your case, the next proceeding would be the
sentencing hearing before the District Judge.
Ms. Bruey, you may have defenses to the charges
against you; but, if you plead guilty, you will waive and give
up your right to assert any defenses.
Had as your attorney explained to you the defenses
that you might have?
THE DEFENDANT: Yes, sir.
THE COURT: By pleading guilt, you also waive and
give up your right to challenge the way in which the government
has obtained any evidence, statement, or confession in your
case. In addition, by pleading guilty, you may lose the right
to challenge on appeal any rulings that this Court has made in
your case.
Ma'am, do you fully understand all the rights that
you have, and the rights that you waive by pleading guilty?
THE DEFENDANT: Yes, sir.
THE COURT: Do you have any questions about anything
I've explained so far?
THE DEFENDANT: No, sir.
THE COURT: By pleading guilty to these felonies,
ma'am, you may lose certain civil rights, such as the right to
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vote, to hold public office, to serve on juries, and to own and
possess firearms. A felony conviction may also prevent you
from obtaining or keeping certain occupational licenses.
Ma'am, do you fully understand these consequences of
pleading guilty?
THE DEFENDANT: Yes, sir.
THE COURT: Did you receive a copy of the indictment?
That's the written document setting forth the charges against
you in this case.
THE DEFENDANT: Yes, sir.
THE COURT: Has your attorney explained the charges
to you?
THE DEFENDANT: Yes, sir.
THE COURT: Have you discussed the charges, and the
case in general, with your attorney?
THE DEFENDANT: Yes, sir.
THE COURT: Did your attorney answer all of your
questions?
THE DEFENDANT: Yes, sir.
THE COURT: Did you explain everything you know about
your case to your lawyer?
THE DEFENDANT: Yes, sir.
THE COURT: Ma'am, the charges against you are as
follows:
Charge one -- I'm sorry -- Count 1 charges you with
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conspiracy to commit wire fraud, in violation of Title 18,
United States Code, Section 1349.
Counts 2 through 11 charge you with wire fraud, in
violation of Title 18, United States Code, Section 1343.
Count 14 charges you with conspiracy to commit money
laundering, in violation of Title 18, United States Code,
Section 1956(h).
Counts 15 through 18 charge you with illegal monetary
transaction, in violation of Title 18, United States Code,
Section 1957.
Ma'am, do you understand the charges to which you
intend to plead guilty?
THE DEFENDANT: Yes, sir.
THE COURT: Do you have any questions about the
charges?
THE DEFENDANT: No, sir.
THE COURT: Ma'am, the necessary elements that the
government must prove beyond a reasonable doubt for you to be
convicted of those offenses are as follows, and at this time
I'm going to read from the government's Notice of Maximum
Penalties, Elements of Offense, Personalization of Elements,
and Factual Basis, which is found at Docket Entry Number 68 in
your case.
Ma'am, do you have a copy of that document with you?
THE DEFENDANT: No, sir.
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THE COURT: Bear with me one moment.
What I'm going to do, Ms. Bruey, is show you the
document on your screen. It appears to me that you're using
some form of mobile device. Is that correct?
THE DEFENDANT: Yes, sir.
THE COURT: Okay. I'm going to try to show the
document to you, and you'll need to let me know whether it's
legible, because I think it would be helpful for you to read
along in that document as we refer it to now and later in the
hearing. Just one moment.
THE DEFENDANT: Yes, sir.
THE COURT: Ma'am, are you able to see in front of
you a document titled Notice of Maximum Penalties, Elements of
Offense, Personalization of Elements, and Factual Basis, with
blue text at the top that says Document 68?
THE DEFENDANT: Yes, sir.
THE COURT: This is the document I was referencing,
ma'am, filed by the United States in your case.
THE DEFENDANT: Okay.
THE COURT: At this time I would like to review with
you, as set forth in this document, the essential elements of
each of the counts to which you intend to plead guilty. Again,
these are the elements of the offenses that the United States
would have to prove beyond a reasonable doubt for you to be
convicted in this case. If, at any point, you need me to slow
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down, or increase the size of the text on the screen, please
feel free to interrupt me and let me know.
THE DEFENDANT: Okay.
THE COURT: Are you able to see the text under the
heading Essential Elements?
THE DEFENDANT: Yes, sir.
THE COURT: Very well. Again, I'll be reading this
section to you.
THE DEFENDANT: Yes, sir.
THE COURT: The essential elements of a violation of
Title 18, United States Code, Section 1349, conspiracy to
commit wire fraud, wire fraud, charged in Count 1, are as
follows:
First, two or more persons, in some way or manner,
agreed to try accomplish a common and unlawful plan to commit
wire fraud, as charged in the indictment;
And second, the defendant knew the unlawful purpose
of the plan and willfully joined in it.
Ms. Bruey, are you able to see the text at the top of
the next page?
THE DEFENDANT: Yes, sir.
THE COURT: Continuing reading.
The essential elements of a violation of Title 18,
United States Code, Section 1343, wire fraud, charged in
Counts 2 through Number 11, are as follows:
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First, the defendant knowingly devised or
participated in a scheme to defraud, or to obtain money or
property by using false pretenses, representations, or
promises;
Second, the false pretenses, representations or
promises were about a material fact;
Third, the defendant acted with the intent to
defraud;
And fourth, the defendant transmitted or caused to be
transmitted by wire some communication in interstate commerce
to help carry out the scheme to defraud.
The essential elements of a violation of Title 18,
United States Code, Section 1956(h), conspiracy to commit money
laundering, charged in Count 14, are as follows:
First, two or more people agreed to try to accomplish
a common and unlawful plan to violate Title 18, United States
Code, Section 1956;
And second, the defendant knew about the plan's
unlawful purpose, and voluntarily joined in it.
I'm scrolling to the next page, Ms. Bruey. Are you
able to see the text at the top of the page?
THE DEFENDANT: Yes, sir.
THE COURT: For the record, I'm continuing to read
from Page 3 of the government's notice.
The essential elements of a violation of Title 18,
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United States Code, Section 1957, illegal monetary transaction,
charged in Counts 15 through 18, are as follows:
First, the defendant knowingly engaged in or had
attempted to engage in a monetary transaction;
Second, the defendant knew the transaction involved
property or funds that were the proceeds of some criminal
activity;
Third, the property had a value of more than $10,000;
Fourth, the property was, in fact, proceeds of wire
fraud;
And fifth, the transaction took place in the United
States.
Ms. Bruey, I'm going to stop reading from that
document at this time.
Ma'am, do you fully understand the elements of the
charges that the United States would have to prove beyond a
reasonable doubt for you to be convicted?
THE DEFENDANT: Yes, sir.
THE COURT: Do you have any questions about those
elements?
THE DEFENDANT: No, sir.
THE COURT: Ms. Bruey, the crimes with which you have
been charged and to which you intend to plead guilty are
punishable as follows, and at this time I'm going to read again
from the government's notice filed at Docket Entry Number 68 in
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your case, which is being displayed on the screen, but this
time I'm reading from Page 2 -- I'm sorry, 3, under the heading
Penalty, if you want to follow along with me on the screen.
Are you able to see the screen still?
THE DEFENDANT: Yes, I am. Thank you.
THE COURT: The penalties for the offenses charged in
Counts 1 through 11 of the indictment are a term of
imprisonment of not more than 30 years, a fine of up to
$1 million, a term of supervised release of up to five years,
and a $100 special assessment for each count.
The penalties for the offenses charged in Counts 14
through 18 of the indictment are a maximum of ten years
imprisonment, a fine of up to $250,000, or alternate fine of
twice the amount of the criminally derived property, a term of
supervised release of up to three years, and a $100 special
assessment for each count.
Continuing over to Page 4, additionally, the
defendant must forfeit property pursuant to Title 18, United
States Code, Sections 981(a)(1)(C) and 982(a)(1), and Title 28,
United States Code, Section 2461(c), as outlined in the
indictment.
In addition, Ms. Bruey, the Court may assess and
require that you to pay the cost of your imprisonment, the cost
of your supervised release, and the cost of your probation, if
any. The Court is obligated to impose the special assessments
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I just described for each felony count to which you plead
guilty.
Ma'am, if you violated any supervised release
condition, you would face additional prison time and supervised
release. If applicable, the District Judge may order you to
pay restitution to any victim of the crime; and, as I just
described, the District Judge may require you to forfeit
certain property to the United States. If the crimes involved
fraud, deceit, or other intentionally deceptive practice, the
District Judge may also order you to provide notice of your
conviction to the victims of the crimes.
Mr. Reichling, for the record, have I accurately
stated the maximum penalties associated with each of the counts
in the indictment to which the defendant is pleading guilty?
MR. REICHLING: Yes, Your Honor.
THE COURT: Mr. Lappan, same question for the
defense, sir.
MR. LAPPAN: Yes, Your Honor.
THE COURT: Ms. Bruey, do you understand the maximum
penalties that apply in each of the counts to which you intend
to plead guilty?
THE DEFENDANT: Yes, sir.
THE COURT: Ma'am, do you understand that, because
there is more than one count, in some circumstances the Court
can sentence you consecutively for these charges?
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THE DEFENDANT: Yes, sir.
THE COURT: Ma'am, do you understand that these
penalties are the logical consequence of your guilty plea?
THE DEFENDANT: Yes, sir.
THE COURT: Do you have any questions about anything
I've explained so far?
THE DEFENDANT: No, sir.
THE COURT: Ms. Bruey, the United States Sentencing
Guidelines apply in your case. Have you discussed the
guidelines with your attorney, and how they might apply?
THE DEFENDANT: Yes, sir.
THE COURT: I'm going to pause here. I'm going to
stop screen sharing. We'll refer to this document again later,
but I would like to have the benefit of the larger video image
of Ms. Bruey for this part of the hearing.
Ms. Bruey, I want to make sure that you understand
certain things about how the sentencing process works. To
begin with, as I mentioned earlier, I am not the judge who will
preside over your sentencing here. The judge who will preside
over your sentencing hearing is District Judge Thomas P.
Barber.
Judge Barber will not be able to determine your
guideline sentence until after the United States Probation
Office finishes preparing a presentence investigation report
for your case.
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After the District Judge determines what guidelines
apply to your case, ma'am, he has the authority to impose a
sentence that is more severe or less severe than the sentence
that the guidelines recommend. In fact, he has the authority
to impose any sentence up to the maximum allowed by law.
In other words, Ms. Bruey, the District Judge is not
bound by the sentencing guidelines, because the guidelines are
only advisory.
Ma'am, has your attorney explained to you the various
factors the Court can consider in determining a guidelines
range in this case, which would include your criminal history,
whether there were victims, the role you played in the offense,
the amount of any monetary loss, and whether you've accepted
responsibility for your acts?
THE DEFENDANT: Yes, sir.
THE COURT: Ma'am, the United States may appeal a
sentence that the District Judge imposes in your case. That
means the United States may ask the Court of appeals to reverse
your sentence as being too low or as being based on a
guidelines miscalculation.
Parole has been abolished, and if the District Judge
sentences you to prison, you will not be released on parole.
Ma'am, the sentence that the District Judge imposes
in your case may be different than any estimated sentence that
your attorney or anyone else has given you. In fact, it might
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be higher than you expect. If that happens, you will still be
bound by your guilty plea, and you will not have the right to
withdraw it.
Ms. Bruey, do you understand all these things that I
just explained to you about the sentencing process?
THE DEFENDANT: Yes, sir.
THE COURT: Do you have any questions?
THE DEFENDANT: No, sir.
THE COURT: Mr. Reichling, has your office extended
any prior formal plea offers to Ms. Bruey?
MR. REICHLING: No, Your Honor.
THE COURT: Mr. Lappan, do you agree with that
representation?
MR. LAPPAN: Yes, Your Honor.
THE COURT: To summarize, Ms. Bruey, do you
understand everything we've discussed up to this point,
including your rights, the rights that you give up by pleading
guilty, the charges against you, the potential penalties, the
potential consequences, and the sentencing guidelines?
THE DEFENDANT: Yes, sir.
THE COURT: Let me ask you directly, then, ma'am, how
do you plead, guilty or not guilty, to Counts 1, 2 through 11,
14, and 15 through 18 of the indictment?
THE DEFENDANT: Guilty, Your Honor.
THE COURT: Do you plead guilty to each and every
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count? Is that correct?
THE DEFENDANT: Yes, sir.
THE COURT: At this time, Ms. Bruey, the Court will
hear from the prosecutor a proffer of facts that the United
States would have to prove beyond a reasonable doubt for you to
be convicted in this case as to each of those counts. I have
to ask you to listen very carefully to everything the
prosecutor is about to say, because, when he's done speaking,
I'll ask you if you admit that those facts are true, and
whether you admit to doing the things he says you've done.
I anticipate that the prosecutor will be reading from
that document we referenced earlier. That's the government's
notice at Docket Entry Number 68, and the factual basis section
appearing on Page 4. So, before the prosecutor begins
speaking, what I'm going to do is share my screen again, show
you the page where that section starts, and then I'll endeavor
to scroll through it as the prosecutor reads allowed. However,
he may add facts or not mention certain facts that are in that
document, so we'll do our best to stay in the same place.
If you have any questions, or cannot read the text at
any point, interrupt us both, and we'll be happy to pause and
fix the situation. Do you understand that?
THE DEFENDANT: Yes, sir. Thank you.
THE COURT: All right.
Mr. Reichling, one moment while I share my screen.
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Once the document is on the screen, you may feel free to begin.
Ms. Bruey, can you see the document, with the title
Document 68 at the top, and the title Factual Basis?
THE DEFENDANT: Yes, Your Honor.
THE COURT: Very well, Mr. Reichling, when you're
ready.
MR. REICHLING: Thank you, Your Honor.
Had this case proceeded to trial, the government
would prove or establish the following facts beyond a
reasonable doubt, and the government is reading from the
factual basis section of its notice filed under Document--
Docket Entry Number 68, beginning on Page 4, under the section
titled Factual Basis.
Background on PPP and EIDL. In March of 2020, the
Coronavirus Aid, Relief, and Economic Security Act, also called
the CARES Act, was enacted as a federal law designed to provide
emergency financial assistant to the millions of American who
were suffering the economic effects caused by the COVID-19
pandemic.
One source of relief provided by the CARES Act was
the authorization of forgivable loans to small businesses for
job retention and certain other expenses through a program
referred to as the Paycheck Protection Program, or PPP.
Another source of relief was the Economic Injury Disaster
Program, or EIDL Program, which was a Small Business
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Administration (SBA) program that provided low interest
financing to small businesses affected by declared disasters.
The CARES Act authorized the SBA to provide EIDLs of
up to $2 million to eligible businesses experiencing
substantial financial disruption due to the COVID-19 pandemic.
Additionally, eligible business could apply for an EIDL advance
of up to $10,000, which was determined by the number of
employees the applicant certified having, and did not have to
be repaid.
To obtain a PPP loan, qualifying businesses were
required to submit a PPP loan application which contained
numerous certifications to a participating PPP lender. In the
PPP application, the small business, through its authorized
representative, was required to state and certify, among other
things, its average monthly payroll expense; and, B, number of
employees. These figures were used to calculate the amount of
money the small business was eligible to receive under the PPP.
Furthermore, businesses applying for a PPP loan were required
to provide documentation showing their payroll expenses.
Individuals who operated as sole proprietorship,
independent contractor, or eligible self-employed individual,
were also eligible to apply for a PPP loan. All PPP applicants
were required to disclose whether the applicant, if the loan
was for an individual or an owner of the applicant business,
had been convicted of a felony or had served a term of
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probation within the last five years.
The PPP loan applications were processed, approved,
and funded by participating lenders. The PPP loan funds were a
hundred percent guaranteed by the SBA. PPP loan proceeds were
required to be used for certain permissible expenses, including
payroll costs, mortgage interest, rent, and utilities.
To obtain an EIDL in advance, a qualifying business
had to submit an application directly to the SBA and provide
information about its operation, such as the number of
employees, gross revenues for the 12-month period preceding the
disaster, and cost of goods sold in the 12-month period
preceding the disaster. These figures were used by the SBA to
calculate the EIDL and advance amount.
For COVID-19 relief EIDLs, the 12-month period was
that preceding January 31st, 2020, and the EIDL applicant was
also required to disclose whether the applicant had been
convicted of a felony or had served a term of probation within
the last five years.
EIDL funds could be used for payroll expenses, sick
leave, production costs, and business obligations such as
debts, rent, and mortgage payments. If the applicant had also
obtained a loan under the PPP, the EIDL funds could not be used
for the same purpose as the PPP funds.
Conspiracy to commit wire fraud. Beginning on an
unknown date, but no later than in or around April, 2020, the
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defendant, Amber Rewis Bruey, and her husband and
coconspirator, Anthony James Bruey, hereinafter referred to as,
"The Brueys," conspired to defraud PPP lenders and the SBA by
submitting false and fraudulent PPP and EIDL applications.
In total, the Brueys submitted approximately 26
fraudulent PPP and EIDL applications between April, 2020, and
June, 2020. The false and fraudulent applications were
electronically submitted from the Middle District of Florida to
SBA approved lenders, loan processing companies, and the SBA,
all located outside the State of Florida.
The fraudulent applications contained numerous and
fraudulent misrepresentations concerning the applicants' state
of operation, payroll, gross revenue, total number of
employees, and the criminal history of the applicant or
business owner.
The Brueys' false and fraudulent misrepresentations
caused PPP lenders and the SBA to approve approximately 12
loans and issue a total of $881,058.35 in PPP and EIDL funds.
The PPP and EIDL funds were deposited into bank accounts that
were controlled and maintained by the Brueys. The defendant
then used these fraudulently obtained funds for her own
personal enrichment, which included financial transactions of
more than $10,000, discussed in detail below.
Wire fraud. The defendant electronically submitted
or caused the electronic submission of approximately five
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fraudulent EIDL applications to the SBA that were funded and
approved. In each application, the defendant falsely
represented that she had not been placed on probation in the
last five years. Additionally, in each EIDL application, the
defendant misrepresented the number of employees, gross
revenue, and cost of goods sold for businesses that did not
exist. The defendant also submitted fraudulent tax returns,
income statements, and profit and loss statements to the SBA in
furtherance of the program.
As specified in the indictment, each of the five
fraudulent EIDL applications were submitted by the defendant
electronically from MDFL to the SBA located outside of the
State of Florida: On April 2nd, 2020, which is charged in
Count 2 of the indictment; April 3rd, 2020, which is charged in
Count 3 of the indictment; May 18, 2020, which is charged in
Count 9 of the indictment; June 16, 2020, which is charged in
Count 10 of the indictment; and June 24th, 2020, which is
charged in Count 11 of the indictment.
In all, the defendant's false and fraudulent
representations caused the SBA to approve and fund a total of
$660,900 in EIDL funds and $15,000 in EIDL advance funds. The
EIDLs and advance funds were deposited into bank accounts that
the defendant controlled and maintained.
The defendant also electronically submitted or caused
the electronic submission of approximately five fraudulent PPP
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loan applications to PPP loan servicers and lenders. In each
PPP loan application, the defendant falsely represented that
she had not been placed on probation in the last five years.
Additionally, in each PPP application, the defendant falsely
represented the average monthly payroll for each business that
did not exist. To further the fraud, the defendant submitted
fraudulent tax documents and an income statement.
Each of the five fraudulent PPP applications were
submitted by the defendant electronically from MDFL to PPP loan
servicers and lenders located outside the State of Florida: On
April 12th, 2020, which is charged in Count 4 of the
indictment; May 4th, 2020, which is charged in Count 5 of the
indictment; May 5th, 2020, which is charged in Count 6 of the
indictment; May 6th, 2020, which is charged in Count 7 of the
indictment, and May 15, 2020, which is charged in Count 8 of
the indictment.
In all, the defendant's false and fraudulent
representations caused PPP loan servicers and lenders to
approved and fund a total of $97,775.01 in PPP funds. The PPP
funds were deposited into bank accounts the defendant
controlled and maintained.
Conspiracy to commit money laundering.
Beginning on an unknown date, but no later than in or
around April, 2020, the Brueys conspired to use and attempted
to use fraudulently obtained PPP and EIDL funds for financial
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transactions in a value greater than $10,000. Specifically,
after unlawfully obtaining PPP and EIDL funds -- excuse me.
After unlawfully obtained PPP and EIDL funds were deposited
into accounts controlled and maintained by the Brueys,
including an account with Stride Bank/Chime ending in 3607, the
funds were used to purchase a 2019 GMC Yukon SUV, a 20 --
THE COURT: Mr. Reichling, I'm sorry, I lost pace.
Would you tell me where you're at?
MR. REICHLING: My apologies, Judge. You're actually
on the correct page, at least according to what I see in front
of me on my computer screen. I'm reading from the conspiracy
to commit money laundering section. I'm about one, two, three,
four, five, seven lines down. I just read including an account
with Stride Bank/Chime ending in 3607, the funds were used to
purchase a 2019 GMC Yukon SUV, a 2020 Honda Talon side-by-side
UTV, and a residence in North Carolina. These transactions
affected interstate and foreign commerce.
Additionally, the Brueys used fraudulently obtained
loan proceeds to purchase a 2021 Chevrolet Spark LS and a 2020
Polaris RZR side-by-side UTV.
Moving on to Page 10. Illegal monetary transactions.
On June 5th, 2020, a $29,214.93 check charged in
Count 15 of the indictment was issued from a bank account
controlled and maintained by the Brueys to Sunsport Cycle,
located in Fort Myers, Florida, for the purchase of a Honda
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Talon and Yamaha dirt bike. Sales records from Sunsport cycle
revealed that defendant's husband, Anthony James Bruey, was the
registered owner and purchaser of the Honda Talon and Yamaha
dirt bike. The funds used for the purchases were proceeds from
the Brueys' PPP and EIDL fraud scheme.
On July 22nd, 2020, the defendant had her bank issue
a $23,566 cashier's check to Jakepay, charged in Count 17 of
the indictment, for the payment of restitution in a case, which
was Case Number 2018-CF-000164 the defendant was on probation
for in the State of Florida. The funds used for the cashier's
check were the proceeds from the Brueys' PPP and EIDL fraud
scheme.
On August 11, 2020, the defendant submitted a
$49,688.55 ACH payment which is charged in Count 18 of the
indictment to Carvanna for the purchase of a 2019 GMC Yukon XL.
The funds used for the purchase of the GMC Yukon were proceeds
from the Brueys' PPP and EIDL fraud scheme.
And turning to Page 11, on August 27, 2020,
$211,457.57 was wired, which is charged in Count 16 of the
indictment, from a bank account controlled and maintained by
the defendant to a law firm for the purchase of a residence
located at 114 Kemp Lane, Hertford, North Carolina. A review
of the property's purchase records and deed revealed the
defendant was the co-purchaser and owner of the property. The
funds used for the property's purchase were proceeds from the
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Brueys' PPP and EIDL fraud scheme.
THE COURT: Mr. Reichling, that concludes the factual
basis; is that correct?
MR. REICHLING: That is correct, Your Honor.
THE COURT: Mr. Lappan, are there any objections to
the facts summarized by the prosecutor here today or as set
forth in the factual basis section of the government's notice
at Docket Entry Number 68?
MR. LAPPAN: No, Your Honor.
THE COURT: Ms. Bruey, ma'am, did you hear everything
the prosecutor just said?
THE DEFENDANT: Yes, sir.
THE COURT: Were you reading along in the factual
basis section of Document 68 as we were scrolling through it?
THE DEFENDANT: Yes, sir.
THE COURT: Ma'am, do you admit that all the facts
the prosecutor just said are true?
THE DEFENDANT: Yes, sir.
THE COURT: Do you admit to doing the things he says
you've done?
THE DEFENDANT: Yes, sir.
THE COURT: Do you admit the truth of the factual
basis?
THE DEFENDANT: Yes, sir.
THE COURT: Do you also admit that the factual basis
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satisfies all the essential elements of the offenses to which
you're pleading guilty?
THE DEFENDANT: Yes, sir.
THE COURT: As I mentioned earlier, ma'am, in order
for the Court to accept your guilty plea, I have to ask you
questions about the crimes to which you're pleading guilty to
satisfy myself that there's factual basis for your plea. I'm
going to end the screen share now and ask you some more
specific questions regarding each of the offenses to which
you're pleading guilty are logically based on the nature of the
offenses charged.
Ms. Bruey, do you admit that, as to the offense
charged in Count 1, conspiracy to commit wire fraud, no later
than April, 2020, as alleged in the indictment, you agreed with
your husband, Anthony James Bruey, in some way or manner, to
try to accomplish a common and unlawful plan to commit wire
from, as charged in the indictment and described in the
government's factual basis?
THE DEFENDANT: Yes, sir.
THE COURT: Do you admit that you knew the unlawful
purpose of the plan, and you willfully joined in it?
THE DEFENDANT: Yes, sir.
THE COURT: Ma'am, do you admit that you did these
things in the Middle District of Florida?
THE DEFENDANT: Yes, sir.
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THE COURT: As to the offenses charged in Counts 2
through 11 of the indictment, which each charge wire fraud,
ma'am, do you admit that, on or about the dates alleged in the
indictment and described in the government's factual basis, you
knowingly devised or participated in a scheme to defraud or to
obtain money or property by using false pretenses,
representations, or promises?
THE DEFENDANT: Yes, sir.
THE COURT: Do you admit that the false pretenses,
representations, or promises were about the material fact for
the reasons described in the government's factual basis?
THE DEFENDANT: Yes, sir.
THE COURT: Ma'am, do you admit that, as to each of
those counts, you acted with the intent to defraud?
THE DEFENDANT: Yes, sir.
THE COURT: And do you admit that you transmitted or
caused to be transmitted by wire some communication in
interstate commerce to help carry out the scheme to defraud, as
alleged in the indictment and described in the government's
factual basis?
THE DEFENDANT: Yes, sir.
THE COURT: Do you also admit that you did these
things in the Middle District of Florida?
THE DEFENDANT: Yes, sir.
THE COURT: As to the offense charged in Count 14,
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Ms. Bruey, which charges you with conspiracy to commit money
laundering, do you admit that, beginning no later than in or
around April, 2020, you agreed with your husband, Anthony James
Bruey, to try to accomplish a common and unlawful plan to
violate Title 18, United States Code, Section 1956 -- I'm
sorry -- 1957?
THE DEFENDANT: Yes, sir.
THE COURT: Ma'am, do you also admit that you knew
about the plan's unlawful purpose, and you voluntarily joined
in it?
THE DEFENDANT: Yes, sir.
THE COURT: Do you admit that you did these things in
the Middle District of Florida?
THE DEFENDANT: Yes, sir.
THE COURT: Ms. Bruey, as to the offenses charged in
Counts 15 through 18 of the indictment, which charge you with
illegal monetary transaction, do you admit that, on or about
the dates alleged in the indictment and in the government's
factual basis, you knowingly engaged in or attempted to engage
in the monetary transactions described?
THE DEFENDANT: Yes, sir.
THE COURT: Do you admit that you knew the
transactions involved property or funds that were the proceeds
of some criminal activity?
THE DEFENDANT: Yes, sir.
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THE COURT: Do you admit that the property had a
value of more than $10,000, as alleged in the indictment and
described in the government's factual basis?
THE DEFENDANT: Yes, sir.
THE COURT: Ma'am, do you admit that the property as
to each count was, in fact, proceeds of wire fraud?
THE DEFENDANT: Yes, sir.
THE COURT: Do you admit that the transactions
described in each count took place in the United States?
THE DEFENDANT: Yes, sir.
THE COURT: And did you engage in conduct in the
Middle District of Florida?
THE DEFENDANT: Yes, sir.
THE COURT: Mr. Reichling, is the United States
satisfied with the sufficiency of the Court's colloquy with
Ms. Bruey as to the factual basis for the essential elements of
each count charged?
MR. REICHLING: Yes, Your Honor.
THE COURT: Mr. Lappan, same question for the
defense.
MR. LAPPAN: Yes, Your Honor.
THE COURT: Ms. Bruey, do you need a moment, or are
you okay to proceed?
THE DEFENDANT: Can I have just a minute?
THE COURT: We'll pause at this time. We'll remain
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on the record. Ms. Bruey, please let me know when you're ready
to move forward.
(There was a short pause in the proceedings.)
THE DEFENDANT: I'm ready.
THE COURT: For the record, based on the un-objected
to facts summarized by the prosecutor here today, the
un-objected to facts set forth in the factual basis section of
the government's notice at Docket Entry Number 68, and
Ms. Bruey's responses to the Court's direct questions on the
record under oath today, I find that there's an independent
basis in fact for a finding of guilt as to each count to which
Ms. Bruey is pleading guilty. That includes Counts 1, 2
through 11, 14, and 15 through 18.
Ms. Bruey, are you pleading guilty freely and
voluntarily, and because you believe it is in your best
interest to do so?
THE DEFENDANT: Yes, sir.
THE COURT: Are you pleading guilty because you are
guilty of each of the offenses charged?
THE DEFENDANT: Yes, sir.
THE COURT: Has anyone threatened you, forced you,
coerced you, or intimidated you, in any way, regarding your
decision to plead guilty?
THE DEFENDANT: No, sir.
THE COURT: Has anyone made any promises or
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assurances to you, of any kind, to induce you to plead guilty?
THE DEFENDANT: No, sir.
THE COURT: Are you relying on any agreement,
discussion, promise, or understanding with anyone about what
sentence will be imposed if you plead guilty?
THE DEFENDANT: No, sir.
THE COURT: At this time, ma'am, do you believe you
know what sentence you will receive?
THE DEFENDANT: No, sir.
THE COURT: Has anyone promised you that you will
receive a light sentence or otherwise be rewarded for pleading
guilty?
THE DEFENDANT: No, sir.
THE COURT: Counsel, do you each assure the Court
that, as far as you know, no assurances, promises, or
understandings have been given to Ms. Bruey as to the
disposition of her case?
Mr. Reichling?
MR. REICHLING: Yes, Your Honor.
MR. LAPPAN: Yes, Your Honor.
THE COURT: Ms. Bruey, you are represented by
Mr. Lappan of the Office of the Federal Public Defender. Have
you discussed your case fully with him and explained everything
you know about your case to him?
THE DEFENDANT: Yes, sir.
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THE COURT: Have you had enough time to talk with
your attorney?
THE DEFENDANT: Yes, sir.
THE COURT: Is there anyone else you want to talk to
before you enter a guilty plea today?
THE DEFENDANT: No, sir.
THE COURT: Has your attorney done everything you've
asked him to do for your case before your decision to enter a
guilty plea today?
THE DEFENDANT: Yes, sir.
THE COURT: Are you satisfied with your attorney and
the way he has represented you?
THE DEFENDANT: Yes, sir.
THE COURT: Do you have any complaints about the way
your attorney has represented you?
THE DEFENDANT: No, sir.
THE COURT: Do you have any complaints about the way
you have been treated by the Court or anyone else?
THE DEFENDANT: No, sir.
THE COURT: Has anyone coached you or suggested that
you answer untruthfully to any of the questions I've asked you
today?
THE DEFENDANT: No, sir.
THE COURT: Have you told the truth today?
THE DEFENDANT: Yes, sir.
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THE COURT: Ma'am, do you fully understand all of the
rights and procedures that you waive by pleading guilty?
THE DEFENDANT: Yes, sir.
THE COURT: Having heard everything I've said, is it
your final desire to plead guilty to Counts 1, 2 through 11,
14, and 15 through 18 of the indictment?
THE DEFENDANT: Yes, sir.
THE COURT: And you wish to plead guilty without the
benefit of a plea agreement; is that correct?
THE DEFENDANT: Yes, sir.
THE COURT: Ms. Bruey, now is your last chance to
speak up, or to ask any questions you may have, before I make
my recommendation. Is there anything you'd like to say, or
anything you'd like to ask?
THE DEFENDANT: No, sir.
THE COURT: Mr. Reichling, is the United States
satisfied with the colloquy?
MR. REICHLING: Yes, Your Honor.
THE COURT: Mr. Lappan, is the defense satisfied with
the colloquy?
MR. LAPPAN: Yes, Your Honor.
THE COURT: Mr. Lappan, are you also satisfied that
your client knows what she's charged with, that you have had
sufficient time to counsel with your client, and that she is
pleading guilty freely and voluntarily, with full knowledge of
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the consequences of her plea?
MR. LAPPAN: Yes, Your Honor.
THE COURT: Counsel, are you both satisfied with the
result of conducting this hearing by video conferencing?
Mr. Reichling?
MR. REICHLING: Yes, Your Honor.
THE COURT: Mr. Lappan?
MR. LAPPAN: Yes, Your Honor.
THE COURT: Ms. Bruey, ma'am, please listen very
carefully to my findings, because, when I'm done speaking, I'll
ask you if you agree with everything that I've said.
I find that you, Amber Rewis Bruey, are now alert and
intelligent, that you understand the nature of the charges
against you and the possible penalties, and that you appreciate
the consequences of pleading guilty.
I also find that the facts that the United States is
prepared to prove, and which, by your guilty plea, you admit,
based on the un-objected to facts summarized by the prosecutor
here today and the un-objected to facts set forth in the
factual basis section of the government's notice at Docket
Entry Number 68, as well as your responses to the Court's
direct questions on the record under oath today, all state the
essential elements of the offenses to which you have pled
guilty in Counts 1, 2 through 11, is, and 15 through 18.
I further find that your decision to plead guilty is
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freely, voluntarily, knowingly, and intelligently made, and
that you have had the advice and counsel of a competent
attorney with whom you say you are satisfied.
Ms. Bruey, do you agree with all those findings?
THE DEFENDANT: Yes, Your Honor.
THE COURT: Ma'am, I will make a written report to
the District Judge recommending that he accept your guilty
plea.
For the record, I have a waiver of the 14-day
objection period from the United States at Docket Entry
Number 67. Mr. Lappan has also filed a waiver of the 14-day
objection period at Docket Entry Number 65.
Mr. Lappan, before making that filing, did you
discuss the objection period with Ms. Bruey?
MR. LAPPAN: I did, Your Honor.
THE COURT: Ms. Bruey, under the law, you have the
right to make an objection to my recommendation to the District
Judge within 14 days. Your attorney and the attorney for the
United States have both filed waivers of the 14-day period; but
you didn't sign the waiver that your attorney filed, so I'm
going to ask you directly, do you want to waive the 14-day
objection period now?
THE DEFENDANT: Yes, sir.
THE COURT: As I indicated earlier, Ms. Bruey, the
United States Probation Office will prepare a presentence
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investigation report to help the District Judge determine a
reasonable sentence in your case. Ma'am, you will be required
to provide information for that report. Your attorney may be
present during your presentence investigation report interview
by the probation office.
Your attorney will also represent you in the
preparation of that report at sentencing. You and your
attorney will be given an opportunity to speak on your behalf
at the sentencing hearing. You and your attorney will also be
permitted to read the presentence investigation report before
the sentencing hearing, and to make objections to it if you
have any objections.
Your sentencing will be set in approximately 75 to
90 days, and will be set by separate notice from the District
Judge.
I have a standing request from the presiding District
Judge to inquire whether any defendant pleading guilty will
consent to proceed with sentencing by video conferencing; but,
mindful of today's date, Mr. Lappan, I believe the Court's
present authority to do so will expire by the sentencing date
in this case.
Mr. Lappan, should I advise the District Judge to set
a sentencing to occur in person?
MR. LAPPAN: Yes, Your Honor, in person, please.
THE COURT: Very well. My report and recommendation
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to the District Judge will reflect that Ms. Bruey has requested
an in-person sentencing hearing.
I see I'm reminded that Ms. Bruey is currently on
conditions of pretrial release. Counsel, is there any basis
for revisiting that issue at this time?
Mr. Reichling?
MR. REICHLING: No, Your Honor.
THE COURT: Mr. Lappan?
MR. LAPPAN: No, Your Honor.
THE COURT: Ms. Bruey, I'll remind you of your
obligation to continue to comply with any conditions this Court
set for your pretrial release. It's especially important
between now and the date of your sentencing.
Do you understand that, ma'am?
THE DEFENDANT: Yes, Your Honor.
THE COURT: Counsel, unless there's anything further,
we'll be in recess.
Anything further from the United States?
MR. REICHLING: No, Your Honor. Thank you.
THE COURT: Thank you.
Anything further from the defense?
MR. LAPPAN: No, Your Honor.
THE COURT: Thank you. We're in recess.
-- -- -- -- -- -- -- --
(Thereupon, at 11:05 a.m., the above-entitled matter
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was concluded.)
-- -- -- -- -- -- -- --
CERTIFICATE
I CERTIFY THAT THE FOREGOING TRANSCRIPT IS A TRUE AND
ACCURATE TRANSCRIPT FROM THE ORIGINAL DIGITAL RECORDING CREATED
DURING THE PROCEEDINGS HELD IN THE ABOVE-ENTITLED MATTER.
Dated this 17th day of August, 2022.
_
JEFFREY G. THOMAS, RPR, CRR
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