Response by United States of America — United States v. Butler (Dkt. 22, S.D. W. Va.)

Record facts

U.S. District Court for the Southern District of West Virginia · No. 2:22-cr-00161 · Doc. 22 · 2022-09-14 · Docket on CourtListener

Full text

IN THE UNITED STATES DISTRICT COURT FOR THE 
 
SOUTHERN DISTRICT OF WEST VIRGINIA 
CHARLESTON 
 
 
UNITED STATES OF AMERICA 
 
 
v. 
 
 
 
 
 
 
    CRIMINAL NO. 2:22-cr-00161 
 
 
CALVIN BUTLER 
 
RESPONSE OF THE UNITED STATES OF AMERICA 
TO DEFENDANT'S STANDARD DISCOVERY REQUESTS; 
REQUEST OF THE UNITED STATES FOR RECIPROCAL DISCOVERY; 
AND NOTICE OF THE UNITED STATES INTENT TO OFFER 
EVIDENCE OF RECORDS OF REGULARLY CONDUCTED ACTIVITY 
 
 
Pursuant to Rule 16 of the Federal Rules of Criminal 
Procedure, Rule 16.1(a) of the Local Rules of Criminal Procedure, 
and the Arraignment Order and Standard Discovery Request entered 
by the Court in this case on September 1, 2022, the United States 
of America, by counsel, herewith responds to each of defendant's 
Standard Discovery Requests as follows: 
 
Request A:  Disclose to defendant the substance of any 
relevant oral statement made by defendant, whether before or after 
arrest, in response to interrogation by a person the defendant 
knew was a government agent if the government intends to use the 
statement at trial.  [Fed. R. Crim. P. 16(a)(1)(A)] 
 
Response:  Calvin Butler (“Defendant”) spoke to law 
enforcement 
officers 
on 
two 
separate 
dates 
during 
this 
investigation.  Defendant’s oral statements are noted in a 
memorandum of interviews located in the following places: 
1. A memorandum of interview (“MOI”) conducted on August 2, 2022.  
(BUTLER – 0001 – BUTLER – 0002); and 
 
2. A memorandum of interview (“MOI”) conducted on March 3, 2022.  
(BUTLER – 0054 – BUTLER – 0055). 
Case 2:22-cr-00161     Document 22     Filed 09/14/22     Page 1 of 8 PageID #: 67

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Request B:  Disclose to defendant and make available for 
inspection, copying or photographing, all of the following: 
 
(i)  Any relevant written or recorded statement by the 
defendant if the statement is within the government's possession, 
custody, or control; and the attorney for the government knows-or 
through due diligence could know-that the statement exists.  [Fed. 
R. Crim. P. 16(a)(1)(B)(i)] 
 
Response: 
Defendant 
made 
several 
written 
statements/signatures on forms/applications. 
1. Initials and signatures on forms authenticated by Defendant.  
(BUTLER-0003 – BUTLER-0053). 
 
(ii)  The portion of any written record containing the 
substance of any relevant oral statement made before or after 
arrest if the defendant made the statement in response to 
interrogation by a person the defendant knew was a government 
agent.  [Fed. R. Crim. P. 16(a)(1)(B)(ii)] 
 
Response:  See Response A. 
 
(iii)  The defendant's recorded testimony before a grand jury  
relating 
to 
the 
charged 
offense. 
 
[Fed. 
R. 
Crim. 
P. 
16(a)(1)(B)(iii)] 
 
Response:  N/A. 
 
Request C:  Where the defendant is an organization, e.g., a  
corporation, partnership, association or labor union, disclose to 
the defendant any statement described in Fed. R. Crim. P. 
16(a)(1)(A) and (B), if the government contends that the person 
making the statement (i) was legally able to bind the defendant 
regarding the subject of the statement because of that person's 
position as the defendant's director, officer, employee, or agent;  
or (ii) was personally involved in the alleged conduct constituting 
the offense and was legally capable to bind the defendant regarding 
that conduct because of that person's position as the defendant's 
director, officer, employee, or agent.  [Fed. R. Crim. P. 
16(a)(1)(C)] 
 
Response:  N/A. 
 
 
Case 2:22-cr-00161     Document 22     Filed 09/14/22     Page 2 of 8 PageID #: 68

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Request D:  Furnish the defendant with a copy of defendant's 
prior criminal record that is within the government's possession, 
custody, or control if the attorney for the government knows--or 
through due diligence could know--that the record exists.  [Fed. 
R. Crim. P. 16(a)(1)(D)] 
 
Response:  A copy of Defendant’s criminal history is included 
herein.  (BUTLER-0121 – BUTLER-0128).  
 
Request E:  Permit the defendant to inspect and to copy or 
photograph books, papers, documents, data, photographs, tangible 
objects, building or places, or copies or portions of any of those 
items, if the item is within the government's possession, custody 
or control, and (i) the item is material to preparing the defense; 
(ii) the government intends to use the item in its case-in-chief 
at trial; or (iii) the item was obtained from or belongs to 
defendant.  [Fed. R. Crim. P. 16(a)(1)(E)] 
 
Response:  The United States is providing the following 
information: 
1.  Butler MOI and Initialed Forms. (BUTLER – 0001 - BUTLER –    
0053); 
 
2.  Calvin Butler MOI. (BUTLER – 0054 - BUTLER – 0055); 
 
3.  Email With Blue Acorn (Butler, Calvin).(BUTLER – 0056 - 
BUTLER – 0057); 
 
4.  Email With Prestamos (Butler, Calvin). (BUTLER – 0058 - 
BUTLER – 0059); 
 
5.  CRS Report. (BUTLER – 0060 - BUTLER – 0113); 
 
6.  SBA Server Locations. (BUTLER – 0114 - BUTLER – 0116); 
 
7.  [EXTERNAL] Re_ PPP Procedure. (BUTLER – 0117); 
 
8.  Entry Report ACH Transaction (Butler, Calvin).(BUTLER – 
0118); 
 
9.  ACH Question (Butler, Calvin).(BUTLER – 0119 - BUTLER - 
0122); 
 
 
 
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10. Email Confirming Location of Cash Withdraws.(BUTLER – 129); 
 
11. Chime Bank Records. (contained within a folder labeled “1. 
Chime Response”); 
 
12. Prestamos CDFI Records. (contained within a folder labeled 
“2. Prestamos CDFI Response”); and 
 
13. Huntington National Bank Records. (contained within a folder 
labeled “3. Huntington National Bank Response”).   
 
Request F:  Permit the defendant to inspect and to copy or 
photograph the results or reports of any physical or mental 
examination and of any scientific tests or experiment if (i) the 
item is within the government's possession, custody, or control; 
(ii) the attorney for the government knows--or through due 
diligence could know--that the item exists; and (iii) the item is  
material to preparing the defense or the government intends to use 
the item in its case-in-chief at trial.  [Fed. R. Crim. P. 
16(a)(1)(F)] 
 
Response:  N/A. 
 
Request G:  Give to the defendant a written summary of any 
testimony the government intends to use under Rules 702, 703 or 
705 of the Federal Rules of Evidence during its case-in-chief at 
trial. If the government requests discovery under Federal Rules of 
Criminal Procedure 16(b)(1)(C)(ii) and the defendant complies, the 
government must, at the defendant's request, give to the defendant 
a written summary of testimony that the government intends to use 
under Rules 702, 703, or 705 of the Federal Rules of Evidence as 
evidence at trial on the issue of the defendant's mental condition.  
The summary must describe the witness's opinions, the bases and  
reasons for those opinions, and the witness's qualifications.  
[Fed. R. Crim. P. 16(a)(1)(G)] 
 
Response:  N/A.   
 
Request H:  Disclose to defendant all evidence favorable to 
defendant, including impeachment evidence, and allow defendant to 
inspect, copy or photograph such evidence. 
 
Response:  The United States is unaware of any such evidence 
beyond what may be provided herein. 
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Request I:  Notify defendant of all evidence the government 
intends to introduce pursuant to Rule 404(b) of the Federal Rules 
of Evidence. 
 
Response:  The United States reserves the right to supplement 
this at a later date. 
 
Request J:  Disclose to defendant all reports of government 
"mail cover," insofar as the same affects the government's case 
against the defendant or any alleged aiders and abettors or co-
conspirators. 
 
Response:  N/A. 
 
Request K:  Disclose to defendant any matter as to which the 
government will seek judicial notice. 
 
Response:  The United States will seek judicial notice of the 
following: Dunbar, Kanawha County, West Virginia, and South 
Charleston, Kanawha County, are within the Southern District of West 
Virginia. 
 
Request L:  Disclose to defendant and make available for 
inspection, copying or photographing, the results of any 
interception of a wire, oral or electronic communication in the 
possession, custody or control of the government, the existence of 
which is known, or by the exercise of due diligence could become 
known, to the attorney for the government, which contains any 
relevant statement made by the defendant or which is material to 
the preparation of the defendant's defense or which is intended 
for use by the government as evidence in its case-in-chief at the 
trial.  For each such interception, disclose (1) any application 
for an order authorizing the interception of a wire or oral 
communication; (2) any affidavits filed in support thereof; and 
(3) any court order authorizing such interception. 
 
Response:  N/A. 
 
Request M:  Provide notice to defendant of the government's 
intention to use evidence pursuant to Rule 12(b)(4)(B) of the 
Federal Rules of Criminal Procedure. 
 
Response:  The United States reserves the right to use all 
information and evidence disclosed herein or made available for 
inspection and copying pursuant to this Response and such 
Case 2:22-cr-00161     Document 22     Filed 09/14/22     Page 5 of 8 PageID #: 71

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information and evidence which may be discovered and finally 
provided to defendant. 
 
Any discovery provided that is not mandated by Court order, 
the Federal Rules of Criminal Procedure, federal statute or federal 
case law, is provided voluntarily as a matter of discretion solely 
to expedite and facilitate litigation of this case. 
REQUEST OF THE UNITED STATES FOR RECIPROCAL DISCOVERY 
 
Pursuant to Rules 16.1(b) and 16.1(d) of the Local Rules of 
Criminal Procedure, the United States of America requests that 
defendant provide all applicable reciprocal discovery within 14 
days of the service of this response and the provision of materials 
requested by defendant in the Standard Discovery Request. 
 
 
 
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NOTICE OF THE UNITED STATES INTENT TO OFFER 
EVIDENCE OF RECORDS OF REGULARLY CONDUCTED ACTIVITY 
 
 
Pursuant to Federal Rules of Evidence 902(11), notice is 
hereby given of the United States intent to offer into evidence 
certified domestic records of regularly conducted activity.  The 
records are referred to more specifically in Response [E] above, 
as: 
1. Chime Bank Records. (contained within a folder labeled “1. 
Chime Response”); 
2. Prestamos CDFI Records. (contained within a folder labeled 
“2. Prestamos CDFI Response”); and 
3. Huntington National Bank Records. (contained within a folder 
labeled “3. Huntington National Bank Response”).  
 
Respectfully submitted, 
 
WILLIAM S. THOMPSON 
United States Attorney 
 
 
 
 
 
 
By: 
s/ M. Ryan Blackwell          
M. RYAN BLACKWELL 
Assistant United States Attorney 
WV State Bar No. 14031 
300 Virginia Street, East 
Room 4000 
Charleston, WV  25301 
 
 
Phone: 304-345-2200 
Fax: 304-347-5104  
E-mail: ryan.blackwell@usdoj.gov 
Case 2:22-cr-00161     Document 22     Filed 09/14/22     Page 7 of 8 PageID #: 73

      CERTIFICATE OF SERVICE 
It is hereby certified that the foregoing “RESPONSE OF THE 
UNITED STATES OF AMERICA TO DEFENDANT'S STANDARD DISCOVERY 
REQUESTS, REQUEST OF THE UNITED STATES FOR RECIPROCAL DISCOVERY, 
AND NOTICE OF THE UNITED STATES INTENT TO OFFER EVIDENCE OF RECORDS 
OF REGULARLY CONDUCTED ACTIVITY” has been electronically filed and 
service has been made on opposing counsel by virtue of 
such electronic filing this 14th day of September , 2022 to: 
David Bungard 
Assistant Federal Public Defender 
300 Virginia Street East, Room 3400 
Charleston, WV 25301 
david_bungard@fd.org 
s/ M. Ryan Blackwell
M. RYAN BLACKWELL
Assistant United States Attorney
WV State Bar No. 14031
300 Virginia Street, East
Room 4000
Charleston, WV  25301
Phone: 304-345-2200
Fax: 304-347-5104
E-mail: ryan.blackwell@usdoj.gov
Case 2:22-cr-00161     Document 22     Filed 09/14/22     Page 8 of 8 PageID #: 74

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