Court filing
TRANSCRIPT of Proceedings as to Carla Jackson, Teldrin Foster held on February 13,… — USA v. Thomas et al (Dkt. 1040)
Record facts
| Court | U.S. District Court for the Northern District of Georgia |
|---|---|
| Filed | 2024-06-17 |
U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 1040 · 2024-06-17 · Docket on CourtListener
Summary
A transcript of jury trial proceedings, Volume 7 (AM Session), in United States of America v. Carla Jackson and Teldrin Foster, Docket No. 1:20-cr-00296-JPB-CMS, held Tuesday, February 13, 2024 before United States District Judge J.P. Boulee in the U.S. District Court for the Northern District of Georgia, Atlanta Division, and filed June 17, 2024 as Doc. 1040. The appearance page lists three attorneys for the Government and separate counsel for each defendant. In the opening, after the court is called to order at 9:04 a.m. and the jury enters, one defendant opens his case and his counsel begins the direct examination of the first defense witness. The transcript is 129 pages and closes with an alphabetical word index keyed to page and line.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
The following is the PDF of an official transcript.
Official transcripts may be filed in CM/ECF only by the
Official Court Reporter and will be restricted in CM/ECF for
a period of 90 days.
You may cite to a portion of the attached transcript by the
docket entry number, referencing page and line number, only
after the Court Reporter has filed the official transcript;
however, you are prohibited from attaching a full or partial
transcript to any document filed with the Court.
- - -
Stenographic Court Reporter note:
No AI technology was used in the preparation of this
Official Certified U.S. District Court transcript.
- - -
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 1 of 129
1
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA, DOCKET NO.
1:20-CR-00296-JPB-5-20
vs. VOLUME 7 (AM SESSION)
CARLA JACKSON and
TELDRIN FOSTER,
Defendants.
TRANSCRIPT OF JURY TRIAL PROCEEDINGS
BEFORE THE HONORABLE J.P. BOULEE
UNITED STATES DISTRICT COURT JUDGE
TUESDAY, FEBRUARY 13, 2024
Appearances:
For the Government: Tal C. Chaiken, Esq.
Samir Kaushal, Esq.
Babasijibomi Moore, Esq.
For Defendant Jackson: David D. Marshall, Esq.
For Defendant Foster: Leigh Ann Webster, Esq.
Saraliene Durrett, Esq.
Court Reporter: Judith M. Wolff, CRR
Official Court Reporter
1914 United States Courthouse
75 Ted Turner Drive, S.W.
Atlanta, Georgia 30303-3361
(404) 215-1317
judith_wolff@gand.uscourts.gov
STENOGRAPHICALLY REPORTED OFFICIAL COURT TRANSCRIPT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 2 of 129
2
(Court was called to order at 9:04 a.m.)
THE COURT: Off the record for a moment.
(Off-the-record discussion, and proceedings
continued:)
THE COURT: All right. Are all the jurors here?
Please bring them out.
(Jury enters the courtroom at 9:04 a.m.)
THE COURT: You all may be seated.
All right. Defense, please call your first
witness.
MS. WEBSTER: Your Honor, Mr. Foster calls Jennifer
Murray.
JENNIFER MURRAY,
Having been first duly sworn, testified as follows:
DIRECT EXAMINATION
BY MS. WEBSTER:
Q.
Ms. Murray, can you state your name and spell it
for the record, please.
A.
Chris Murray.
Q.
Do you also go by Jennifer?
A.
Yeah.
Q.
Can you spell your name, please?
A.
Spell all of it?
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 3 of 129
3
Q.
Yes.
A.
C-H-R-I-S. M-U-R-R-A-Y. Jennifer,
J-E-N-N-I-F-E-R.
Q.
Okay. Do you know Teldrin Foster?
A.
Yes.
Q.
And how do you know Teldrin?
A.
We currently date. We dating.
Q.
Okay. How long have you been in a relationship
with Mr. Foster?
A.
I have known him since 2018. Been talking since
2020.
Q.
Okay. Are you -- okay. Do you know Gena
Pyfrom-Foster?
A.
Yes.
Q.
How do you know Ms. Pyfrom-Foster?
A.
Through him. She says -- she says she's married to
him, but...
Q.
Okay. Have you ever known him to be in an
exclusive relationship with Ms. Pyfrom-Foster?
MR. KAUSHAL: Could you please speak into the mic?
THE WITNESS: This one here?
MR. KAUSHAL: Yes.
THE WITNESS: Okay.
BY MS. WEBSTER:
Q.
Have you ever known Mr. Foster and
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 4 of 129
4
Ms. Pyfrom-Foster to be in an exclusive relationship?
A.
Not since I've known him.
Q.
Okay. And are you aware -- to your knowledge,
what's the status of their relationship?
A.
To my knowledge, it's off and on. Like, I don't
know if it's even on because I never knew about it.
Q.
Okay. Have you ever communicated directly with
Ms. Pyfrom-Foster?
A.
Yes. Several times.
Q.
Okay. And has she ever given you a password to
Mr. Foster's devices?
A.
Several times.
Q.
Okay. How many times, do you think?
A.
At least twice a year.
Q.
Twice a year?
A.
Since -- since I actually encountered, interacted
with her in 2020, so at least twice a year.
Q.
Okay. And so can you sort of just describe those
interactions?
A.
She would either call my phone -- I don't know how
she would get my number, but she would either call my phone
or call his phone and sometimes I may answer it and it would
be more of her like just telling me about his involvings with
other females, showing me the proof, giving me the code so I
can look it up.
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 5 of 129
5
I have actually screenshotted a couple shots and
sent it to him. So.
Q.
So let me unpack that a little bit.
You are saying that she gave you the password to
his phone; is that right?
A.
Yes.
Q.
And did you actually use that password in order to
get into his phone?
A.
Yes.
Q.
And were you successful?
A.
Yes.
Q.
Okay.
A.
Every time.
Q.
Every time?
A.
Every time.
Q.
Okay. And has she ever sent you messages from
Teldrin's phone?
A.
Yes.
Q.
Okay. Is that more than once, or once?
A.
It's been more than once she has. She will send me
messages like, um, either pictures or saying stuff related to
the fact of, oh, we're together, we're sleeping with each
other. Like just, I guess, messages to make me mad. I don't
know.
MR. KAUSHAL: Your Honor, I'm going to object.
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 6 of 129
6
This is hearsay. That answer is hearsay and I move to
strike.
THE WITNESS: It's not. I have proof.
THE COURT: One moment, ma'am.
If you could please hold off on any more statements
while I address the objection, please.
Ms. Webster?
MS. WEBSTER: Your Honor, it's not being offered
for the truth of the matter. It's to show that she had
access to the phone.
And we have -- I have as an exhibit a screenshot of
that message.
THE COURT: Well, if it's not offered for the
truth, what are you offering it for then?
MS. WEBSTER: It's to corroborate her statement
that she received messages from Gena Pyfrom-Foster through
Teldrin Foster's device. So the truth -- the underlying --
THE COURT: So it is for the truth. Sustained.
Go ahead.
MS. WEBSTER: No -- okay.
MR. KAUSHAL: In connection with that, Your Honor,
the government asks that the jury be instructed to disregard
the statements the witness made about what Gena Foster may or
may not have said.
THE COURT: Ladies and gentlemen of the jury, you
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 7 of 129
7
will disregard the hearsay statement.
MR. KAUSHAL: Thank you, Your Honor.
THE COURT: Ms. Webster.
BY MS. WEBSTER:
Q.
Ms. Murray, without saying what was contained in
the messages, can you -- you did receive messages through
Teldrin Foster's device; is that right?
A.
Yes, I did.
Q.
Okay. And did you believe that those messages were
coming from Mr. Foster or did you believe that they were
coming from Gena?
A.
Gena.
Q.
And why is that? Without saying what the messages
said, why did you believe they were coming from Gena as
opposed to Mr. Foster?
A.
Because the one that you particularly have, that
particular day that she actually particularly sent --
MR. KAUSHAL: Objection, hearsay.
THE WITNESS: I don't know.
THE COURT: Ma'am.
THE WITNESS: I'm sorry.
BY MS. WEBSTER:
Q.
Are the messages --
THE COURT: Hold on.
I would ask both the attorney involved here and the
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 8 of 129
8
witness, when there is an objection, please pause so I can
address the objection as opposed to further speaking or
further asking a question.
MS. WEBSTER: Yes, Your Honor.
THE COURT: Am I clear, Ms. Webster?
MS. WEBSTER: Yes, Your Honor.
THE COURT: Ma'am, am I clear? Can you state on
the record if I am clear?
THE WITNESS: Yeah, I understand.
THE COURT: Thank you.
(Pause.)
THE COURT: Mr. Kaushal, go ahead.
MR. KAUSHAL: Your Honor, the witness was again
about to start talking about what the messages were in order
to answer the question.
THE COURT: All right. Ms. Webster, why don't you
ask the question again and just clarify that you do not want
her to state the contents of the messages. That should
hopefully solve our problem.
MS. WEBSTER: Yes, Your Honor.
BY MS. WEBSTER:
Q.
Ms. Murray, were the messages that you received
consistent with the other communications that you had from of
Mr. Foster?
A.
No.
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 9 of 129
9
MS. WEBSTER: Can I have a second, Your Honor?
(Pause.)
MS. WEBSTER: I have no further questions, Your
Honor.
CROSS-EXAMINATION
BY MR. KAUSHAL:
Q.
Good morning, Ms. Murray. We haven't met before,
have we?
A.
No.
Q.
All right. My name is Samir Kaushal. I'm going to
ask you a few questions. I'm one of the prosecutors working
on this case.
Ma'am, you said that you first met the defendant
Teldrin Foster back in 2018; is that correct?
A.
Correct.
Q.
And you've continued to know him from 2018 to
present; correct?
A.
Correct.
Q.
And during that timeframe, isn't it true that
sometime in spring 2020 -- well, let me withdraw that.
You have gone out with the defendant; correct?
A.
Correct.
Q.
And you have gone out to restaurants; right?
A.
Correct.
Q.
You have gone out to nightclubs; correct?
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 10 of 129
10
A.
Correct.
Q.
And you have partied with the defendant; correct?
A.
Correct.
Q.
And you have gone to bars with him; right?
A.
Correct.
Q.
And when you go out, he pays for the -- what you
are doing; correct?
A.
Not necessarily all the time.
Q.
Not all the time. But if you had to ballpark it,
would it be more him or you or somebody else?
A.
Mutual.
Q.
Mutual, so 50-50?
A.
Yes.
Q.
Okay. At the time that -- well, let me withdraw
that.
Sometime in spring 2020, isn't it true that the
defendant started driving a black Mercedes?
A.
I never known him to drive a black Mercedes.
Q.
So you have never seen him in a black Mercedes
before?
A.
No.
MS. WEBSTER: Objection. Beyond the scope of
direct, Your Honor.
THE COURT: Mr. Kaushal.
MR. KAUSHAL: Your Honor, the defendant -- excuse
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 11 of 129
11
me. The witness has testified that she has known the
defendant since 2018, and that foundation and what she knows
about him is relevant to her testimony.
THE COURT: Ms. Webster?
MS. WEBSTER: I'm not sure how that's relevant when
our questions about her interactions with Mr. Foster were
pretty limited.
THE COURT: Overruled.
MR. KAUSHAL: Thank you, Your Honor.
BY MR. KAUSHAL:
Q.
During the timeframe that you knew Mr. Foster,
which is from 2018 to present, have you observed him using
CashApp before?
A.
Do me? I haven't observed him, but I have sent him
CashApp.
Q.
Okay. So you have sent him CashApp. Is that
CashApp in his name, Teldrin Foster?
A.
Um, that I recall of.
Q.
Okay. Have you observed him using debit and credit
cards?
A.
Um, of course.
Q.
And have you observed him spending cash?
A.
I mean, like he'll give dinners and stuff like
that.
Q.
Right. He uses money, sometimes uses cards, and he
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 12 of 129
12
sometimes uses CashApp. Is that fair to say?
A.
Well, I don't want to say CashApp to pay for things
but, of course, you know, cash and maybe a card.
Q.
But -- and maybe not to pay for things, but you
have sent him money through CashApp?
A.
Yes. But I can't recall him using CashApp for
anything.
Q.
Okay. Thank you.
Have you met somebody named Darrell Thomas?
A.
No.
Q.
Have you met somebody named Jesika Blakely?
A.
No.
Q.
Have you ever been to Gena Pyfrom-Foster's house?
A.
Yes.
Q.
And she has a Ring camera at the door; right?
A.
Yes.
Q.
You said you've -- how many times have you met her?
A.
I went to her house two times. She -- several
occasions, just from her and me going back and forth to each
other houses.
Q.
What's that mean? Going back and forth to each
other's houses? Why did that happen?
A.
Because I guess she was upset over the relationship
that we were in.
Q.
When did that happen, the being upset about the
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 13 of 129
13
relationship?
A.
In 2020.
Q.
In 2020. Okay. Do you know when in 2020 that may
have happened?
A.
I want to say maybe early, mid-2020. Something
like that. I know it was in 2020.
Q.
Okay. Now you mentioned, you said that she -- so
you all were going back and forth. Were you having a dispute
over Mr. Foster? Is that fair to say?
A.
I guess she was more of having the dispute because
I -- I never know. He was always around, so I really never
even knowed of her to be even in a relationship with him, so
I guess more she had a dispute with me.
Q.
Did he tell you that he was married to Gena
Pyfrom-Foster?
A.
No.
Q.
When did you find that out?
A.
In 2020.
Q.
And your relationship, romantically, began when?
A.
2020.
Q.
So from 2018 to 2020, he never mentioned that he
had been married?
A.
No.
Q.
You mentioned on direct something about her calling
your phone; is that right? Gena Pyfrom-Foster called your
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 14 of 129
14
phone?
A.
Yes.
Q.
And your testimony is that she gave you the code
for the defendant's phone?
A.
Yes.
Q.
And you said that happened how many times?
A.
At least happened at least twice a year. At least
twice a year she just always found some reason to get his
code and either she will call me to let me know what it is so
I can go in so I can verify that he's cheating on both of us,
or whatever the occasion may be.
But I have also tooken screenshots and sent them to
her -- well, to him, to show that I have been in your phone.
Q.
And to unpack that a little bit more, those
messages would have been from the point of 2020 to present?
A.
Well, I don't want to say till present. I want to
say till maybe like a year or something now.
Q.
Okay. So that would be 2020 to about 2023?
A.
More like end of 2022. Something around that time.
Q.
Okay. And you just mentioned that there were other
women that the defendant was seeing?
A.
Yes.
Q.
And he hid that from you?
A.
Yes.
Q.
And he hid that from Gena Pyfrom-Foster?
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 15 of 129
15
A.
Well, I don't want to say -- I can't really recall
to say that he hid or whatever because our relationship, even
though we were dating, it wasn't like boyfriend and
girlfriend status. Like, we were dating, so I felt like he
really didn't have no obligation to tell me. Same way I
didn't have an obligation to tell him if I was fooling with
someone else.
But I would just assumed, that, you know, I would
have gotten that right to know, being in the context of, you
know, us leading to something serious.
Q.
So as a natural part of your relationship, you
would say you expected that he would have told you this
information about other women?
A.
Yes.
Q.
And he didn't do that?
A.
Huh?
Q.
And he did not do that; right?
A.
No.
Q.
And you had to find out by, I guess, looking at his
phone, you say?
A.
Yes, that Gena gave me.
Q.
Okay. Now you have said that he -- did the code
change? Is that why she did it twice a year because he's
changing his code?
A.
I don't know.
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 16 of 129
16
Q.
You don't remember if the code changed?
A.
I mean, of course, it obviously changed if she was
giving me a different code. But I'm just saying I don't know
the context of why, you know.
Q.
So in order to access that phone -- so the phone
has a code; right? And you punch the code in on the phone;
correct?
A.
Yes.
Q.
Okay. Now, in order to then get in the phone and
use the code, you need the phone; right?
A.
Yes.
Q.
And when you communicated with the defendant
Teldrin Foster, you communicated -- you sometimes
communicated with him by cellphone; correct?
A.
Yes.
Q.
And you would call him; right?
A.
Yes.
Q.
And you would text him; correct?
A.
Correct.
Q.
And when you called and texted him, he would
respond to those calls and texts, mostly -- I mean, he may
not pick up the phone every time, but I think you get the
gist of what I'm saying; right?
A.
Kind of. 90 percent of the time he don't pick up,
though.
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 17 of 129
17
Q.
So he doesn't pick up the phone. But when you text
his phone number, you expect him to respond -- you expect it
to be delivered to him, at least?
A.
Yeah. I mean, yes.
Q.
And that's because he carries his phone with him;
right?
A.
I would assume.
Q.
You would assume? Well, when you spent time with
him, he had his phone; right?
A.
Yeah. Not all the times. Sometimes he left it in
the car.
Q.
Okay. But most of time, he would have his phone on
him?
A.
Yes.
Q.
And then sometimes it would be in the car from --
if you leave the car, he sometimes will leave the phone in
the car? Is that what you just said?
A.
I mean, what do you mean? Like, I mean, like --
like if we're on a date or something like that, like the
phone is not like important-important. So it's like --
sometimes it's left in the car, sometimes brung with him, you
know.
So, I mean, I'm trying to see like are saying like
he purposely -- I'm trying to understand the question.
Q.
Oh, no. It's a simple yes-or-no. Sometimes the
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 18 of 129
18
phone was left in the car and sometimes he would have it on
his person; right?
A.
Yes. And that's just because less distraction.
Q.
And there wasn't anybody waiting in the car while
you were on your date; right?
A.
No. Not that I'm aware of.
Q.
So the car was empty and locked and you all were on
your date?
A.
Yes.
MR. KAUSHAL: Your Honor, if I could have a moment.
(Pause.)
BY MR. KAUSHAL:
Q.
Just a couple more questions, ma'am. And thank you
for your patience.
You have mentioned that you have known defendant
Teldrin Foster since about 2018, and that you didn't know
that he was married to Gena Pyfrom-Foster; right?
You mentioned that earlier in cross-examination;
correct?
A.
Yes.
Q.
Did he mention to you -- did he tell you that he
had a child with Gena Pyfrom-Foster, a 5-year-old?
A.
I mean, when everything came to -- yes, he
explained everything to me.
Q.
So at that time, in 2020 --
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 19 of 129
19
A.
In 2018 -- no. In 2020 when we got serious, he
explained to me like the context of their dealings, you know,
his children, everything like that. That's when he basically
let me in on everything about his personal lifestyle.
Q.
Got you.
MR. KAUSHAL: Nothing further. Thank you, ma'am.
THE COURT: Mr. Marshall, did you have any
questions?
MR. MARSHALL: No questions, judge.
THE COURT: Ms. Webster?
REDIRECT EXAMINATION
BY MR. MARSHALL:
Q.
Ms. Murray, do you know if Teldrin Foster has more
than one phone?
A.
Yes.
Q.
And did he ever let you use one of his phones?
A.
Yes.
MS. WEBSTER: No further questions.
THE COURT: Any recross?
MR. KAUSHAL: Your Honor, just a couple questions
based on this new piece of information.
RECROSS-EXAMINATION
BY MR. KAUSHAL:
Q.
Ms. Murray, you just testified that the defendant
had multiple phones. Do you know which phone -- well, how
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 20 of 129
20
many phones did he have?
A.
I only knew of one other one, and that's the one we
use for like -- that we would use for, like, TV services
because it had internet at the time. So he purchased me a
phone so I can use, like -- because I had a phone. I Uber,
so I can't use my phone all the time.
I have children that need -- at school, needs
internet. So he purchased me a phone so I can use until I
was able to pay off my internet bill. It was cheaper to get
a phone bill and just use a hot spot, like, off of that.
Q.
So this other phone you are talking about is a
phone the defendant got for you?
A.
Yes.
MR. KAUSHAL: Thank you.
MS. WEBSTER: Nothing further.
MR. MARSHALL: No questions.
THE COURT: Ma'am, you can step down.
Thank you.
Please call your next witness.
MS. WEBSTER: Your Honor, Mr. Foster calls Jane
Holmes.
THE COURT: Good morning.
THE WITNESS: Good morning. How are you?
THE COURT: I'm well, thank you.
JANE HOLMES,
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 21 of 129
21
Having been first duly sworn, testified as follows:
DIRECT EXAMINATION
BY MS. WEBSTER:
Q.
Hi. Good morning, Ms. Holmes. Can you tell us
what you do for a living?
A.
I'm sorry?
Q.
Can you tell us what you do for a living?
A.
I'm a private investigator.
Q.
Okay. And did we hire you to work as an
investigator on this case?
A.
Yes, ma'am.
Q.
Okay. And just to be clear, are you a member of
law enforcement?
A.
No.
Q.
All right. And were you involved in our, sort of,
overarching investigation into this case?
A.
I can't hear you. I'm sorry.
Q.
Were you involved in the overarching investigation
of this case, like, from law enforcement?
A.
I missed a word. I'm so sorry.
THE COURT: And ma'am, can you speak into the
microphone as well.
THE WITNESS: Yes.
THE COURT: Thank you.
BY MS. WEBSTER:
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 22 of 129
22
Q.
Ms. Holmes, were you involved in the overarching
investigation by law enforcement into this case?
A.
I reviewed the documents from law enforcement.
And -- if that's what you are asking.
Q.
Yes. You weren't involved in sort of going out and
interviewing witnesses on behalf of the government or
collecting those documents on behalf of the government; is
that correct?
A.
On behalf of the government?
Q.
Yes.
A.
No.
Q.
Okay. And did we ask you to help us obtain records
in this case?
A.
Yes.
Q.
On our behalf; is that right?
A.
Yes. That is correct.
Q.
All right. And have you done that?
A.
Yes.
Q.
Okay. But just to be clear, you have reviewed some
records. But have I asked you to review everything in this
case?
A.
No, you have not.
Q.
There should be a binder in front of you, although
there are several binders in front of you, but one should
have -- on the front of it should have Defendant's Exhibits
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 23 of 129
23
1A through something. I think it might be the one on the
desk in front of you.
And if you could just look to Defendant's Exhibit
F3B.
A.
F3B?
Q.
Yes.
A.
Yes. I have it.
Q.
And have you seen this document before?
A.
Yes. I have.
Q.
Okay. And can you tell me what it is?
A.
It's a certified copy of the Georgia Secretary of
State corporation record for Elite Executive Services Inc.
Q.
Okay.
MS. WEBSTER: Your Honor, we would move to admit
F3B pursuant to a 902(11) certification.
MR. KAUSHAL: No objection.
MR. MARSHALL: No objection.
THE COURT: It's admitted.
(Defendant's Exhibit F3B admitted into evidence.)
MS. WEBSTER: Thank you, Your Honor.
BY MS. WEBSTER:
Q.
Ms. Holmes, have you reviewed this document?
A.
Yes, I have.
Q.
Okay. And are you aware who the owners of Elite
Executive Services are, according to this document or these
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 24 of 129
24
documents?
A.
The incorporators are Darrell Thomas and Meghan
Thomas.
Q.
And have you looked through these documents and
have you seen Teldrin Foster mentioned at all on the Elite
Executive records?
A.
No, I have not.
Q.
Do you recall if we issued a subpoena to Apple in
this case?
A.
Yes, we did.
Q.
Okay. And were we seeking IP addresses for the
logins for Teldrin23@icloud.com?
A.
Yes.
Q.
And did we receive any records that showed IP
addresses between April and August of 2020?
A.
No, we did not.
Q.
Okay. Can you turn to what's marked as F13B.
THE COURT: One moment.
We are off the record for a second.
(Off-the-record discussion, and proceedings
continued:)
THE COURT: Go ahead. Ms. Webster.
BY MS. WEBSTER:
Q.
Did we also try to obtain the IP addresses for the
logins to Teldrin_Foster@yahoo.com?
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 25 of 129
25
A.
Yes, we did.
Q.
And have you looked at 13B?
A.
F13B, yes.
Q.
Can you tell me what that is?
A.
It's the response from Yahoo for login activity.
MS. WEBSTER: Your Honor, I move to admit 13B also
pursuant to 902(11) certification.
MR. KAUSHAL: No objection.
MR. MARSHALL: No objection.
THE COURT: It's admitted.
(Defendant's Exhibit F13B admitted into evidence.)
BY MS. WEBSTER:
Q.
Ms. Holmes, does this show that Yahoo said there
were no login records between 1980 and 2023?
A.
That is correct.
Q.
Okay.
Did we also try to subpoena from Comcast the IP
address for 2796 Lakeview Walk, Decatur, Georgia?
A.
Yes.
Q.
Can you please turn to Exhibit F11B?
A.
I have it. Yes.
Q.
Okay. Is that the response that we received from
Comcast?
A.
Yes.
MS. WEBSTER: Your Honor, I would move to admit
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 26 of 129
26
F11B also pursuant to 902(11) certification.
THE COURT: What's the exhibit number again,
Ms. Webster?
MS. WEBSTER: The exhibit number, Your Honor?
THE COURT: Yes.
MS. WEBSTER: F11B.
THE COURT: F11B?
MS. WEBSTER: Yes, Your Honor.
MR. KAUSHAL: There is no objection from the
government, Your Honor.
We were just trying to understand the document. My
apologies for the delay.
THE COURT: Okay. Mr. Marshall?
MR. MARSHALL: No objection.
THE COURT: It's admitted.
(Defendant's Exhibit F11B admitted into evidence.)
MS. WEBSTER: Thank you.
BY MS. WEBSTER:
Q.
This, correct, is the document that we received
from Comcast; correct?
A.
Yes, it is.
Q.
And does it show who the subscriber for that
address is?
A.
It's initial G, initial J, Pyfrom.
Q.
And look where it says subscriber name. Does it
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 27 of 129
27
say Gena Pyfrom?
A.
It says Gena Pyfrom, yes.
Q.
Okay. And if we hold it here, what does it tell us
is the IP address for that address, or does it tell us if
there is one?
A.
It doesn't have an IP address.
Q.
And does it say that the IP history is beyond
retention?
A.
It does. IP history is beyond retention.
Q.
Thank you.
Now, can we please -- or can you please turn to
exhibits 10A through 10C.
A.
I'm here. Yes.
Q.
And have you seen these documents before?
A.
I have, yes.
Q.
Okay.
MS. WEBSTER: Your Honor, we would move to --
BY MS. WEBSTER:
Q.
Or can you tell us what they are, first?
A.
This is a signature card from Bank of America.
Q.
And are all of exhibits, F10A through 10C, are they
all responses to a -- or, sorry.
F10A through 10D, are they all responses to a
subpoena to Bank of America?
A.
Yes.
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 28 of 129
28
MS. WEBSTER: Your Honor, we move to admit F10A
through F10D pursuant also to a 902(11) certification.
MR. KAUSHAL: Ms. Webster, did you say 10A through
10D or 10A through 10C?
MS. WEBSTER: I said 10A initially, but then I
added D to it.
MR. KAUSHAL: So 10A, B, C, and D?
MS. WEBSTER: Correct.
THE COURT: Thank you.
MR. KAUSHAL: No objection to 10A and 10B, as in
banana. We object to 10C and 10D on relevance grounds.
THE COURT: Ms. Webster, would you like to comment
on the relevance objection?
MS. WEBSTER: Yes, Your Honor. They are the Bank
of America --
THE COURT: And I'm having trouble pulling them up
on the flash drive you gave me, so can you just hand those
up, please.
MS. WEBSTER: (Hands documents to the Court.)
THE COURT: Okay. So I guess, first off,
Mr. Marshall, do you have any objection to A or B?
MR. MARSHALL: No, Your Honor.
THE COURT: Okay. A and B are admitted.
(Defendant's Exhibit F10A and F10B admitted into
evidence.)
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 29 of 129
29
THE COURT: Ms. Lee, I'll give you those back.
All right. As to C and D, relevance?
MS. WEBSTER: Yes, Your Honor. They are the
documents from Bank of America related to the Pyfrom
Exclusive Consulting account. There is -- one is for, I
believe, the account that actually received the deposit, and
another is for an additional account that she set up on the
same day, Your Honor.
THE COURT: Mr. Kaushal, would you like to detail
why you think these aren't relevant?
MR. KAUSHAL: Yes, Your Honor.
One moment.
(Pause.)
MR. KAUSHAL: Your Honor, the records that have
been presented here are just the signature card and don't
have any -- there are no other records related to these. So
I don't see how they can be relevant because they are not --
because defense is not tendering them with any other
information.
So it's just the fact that these accounts exist.
THE COURT: Anything else?
MR. KAUSHAL: No, Your Honor.
THE COURT: Overruled. They're admitted.
(Defendant's Exhibit F10C and F10D admitted into
evidence.)
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 30 of 129
30
MS. WEBSTER: Thank you, Your Honor.
BY MS. WEBSTER:
Q.
Ms. Holmes, we're going to talk about F10A first.
Okay?
A.
Okay.
Q.
And here, I'm covering up the social security
number, and I will redact that prior to the -- these going
back to the jury.
Ms. Holmes, looking at F10A, does this show an
account in the name of Gena Pyfrom-Foster?
A.
Yes.
Q.
Okay. And can you tell, on the signature card,
what date that she signed and set up this account? It's on
the screen in front of you.
A.
I'm sorry. What?
Q.
It's on the screen in front of you.
A.
Oh. I'm sorry.
May 15, 2020.
Q.
Thank you.
And is F10B a statement from that account?
A.
Yes, it is.
Q.
I'm showing you page 3 of that statement. Can you
tell me what dates this statement covers?
At the top, under Beginning Balance, does it say
May?
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 31 of 129
31
A.
May 28, 2020.
Q.
And the date for the ending balance, in blue?
A.
I'm sorry. Yes. June 26, 2020.
Q.
Okay. Looking at the deposits dated on June 8 and
June 10 of 2020, can you tell me what those deposits are?
A.
June 8 is a Zelle transfer, and June 10 is a Zelle
transfer deposit.
Q.
And who are they both Zelle transfers from?
A.
Bellator Phront Group, Inc.
Q.
And can you tell me the amount for both of those
deposits?
A.
June 8 is $7,000. June 10 is $3,000.
Q.
Okay. And do you also see a deposit on June 15,
2020 that's another Zelle transfer?
A.
Yes.
Q.
And what is that Zelle transfer from?
A.
Pyfrom Exclusive Consulting.
Q.
Okay. And how much is that for?
A.
$1,000.
Q.
Oaky. And do you also see, on the 1st and the
15th, deposits from the Department of Treasury?
A.
Yes.
Q.
Okay. And Ms. Holmes, when we looked at the
signature card a minute ago from F10A, did you see any
indication that Teldrin Foster was on that signature card?
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 32 of 129
32
A.
No, I did not.
Q.
Okay. Is the only person on this account Gena
Pyfrom-Foster?
A.
Yes.
Q.
Thank you.
Turning to F10C. What is the name on this account?
A.
Pyfrom Exclusive Consulting.
Q.
Who is listed where it says "name" under that?
A.
Gena Pyfrom-Foster.
Q.
Okay. Is Teldrin Foster listed on this document?
A.
No, he's not.
Q.
Okay. I'm looking at this document. Can you tell
me what date this was signed?
It's on the screen in front of you.
It's on the screen in front of you.
A.
I'm so sorry.
June 10, 2020.
Q.
Okay. And comparing that with the signature card
that we looked at a moment ago for the Gena Pyfrom-Foster
account, do they appear to be the same?
A.
It does, yes.
Q.
And turning to F10D. Is this also an account for
Pyfrom Exclusive Consulting?
A.
Yes, it is.
Q.
And does it also have Gena Pyfrom-Foster on it?
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 33 of 129
33
A.
It does. Yes.
Q.
Okay. And is Teldrin Foster listed on this
account?
A.
No, he's not.
Q.
And is this also signed on June 10 of 2020?
A.
Yes, it is.
Q.
And does this also appear to be the same signature?
A.
Yes.
MS. WEBSTER: Ms. Holland, is it possible for us to
see Government's Exhibit 2941?
And can we go to the deposit page -- I'm sorry.
The withdrawals line.
BY MS. WEBSTER:
Q.
Do you see, Ms. Holmes -- on June 15, 2020, do you
see a Zelle transfer on the name of Gena?
A.
Yes. Yes.
Q.
And is that for $1,000?
A.
Yes, it is.
Q.
Does that appear to be the Zelle transfer that went
into her personal account that we just looked at?
A.
Yes.
MS. WEBSTER: And, Ms. Holland, could we see 2242,
please?
I'm sorry. It's 2942. I just said the wrong
thing.
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 34 of 129
34
BY MS. WEBSTER:
Q.
Ms. Holmes, is this also a statement for Pyfrom
Exclusive Consulting?
A.
Yes, it is.
MS. WEBSTER: Ms. Holland, can we see the
withdrawals page here?
BY MS. WEBSTER:
Q.
And Ms. Holmes, did we just look at the signature
page for this account?
A.
Yes.
Q.
And did it have Teldrin Foster on it?
A.
No.
Q.
And do you see where it says, on July 24, there was
a teller cash withdrawal?
A.
I do, yes.
Q.
And based on your experience, would a teller cash
withdrawal be given to someone who is not on the signature
card?
A.
No.
MS. WEBSTER: Okay. Thank you, Ms. Holland. I
think we are good on this exhibit.
BY MS. WEBSTER:
Q.
Ms. Holmes, have you previously reviewed -- I'm
going to give you a list of seven exhibits. Have you
reviewed F226, F227, F228, F229, F230, F231, F243, and F248
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 35 of 129
35
and all the subexhibits?
A.
Yes.
MS. WEBSTER: Your Honor, we're going to move to
admit those pursuant to a records custodian certification.
MR. KAUSHAL: No objection.
MR. MARSHALL: No objection, Judge.
THE COURT: They are admitted.
(Defendants' Exhibits F227, F228, F229, F230, F231,
F243, and F248 admitted into evidence.)
BY MS. WEBSTER:
Q.
And for the documents that we just admitted, were
they all emails from Teldrin23@icloud.com?
A.
I believe so, yes.
Q.
Okay. I'm going to give you a very long list now,
and I want you to tell me if you have reviewed these exhibits
and the subexhibits.
F130, F135, F150, F163, 164, 165 and 166;
F214, 226 through 231, 243, 248, 266, 268 through
273, 276, 278, 279;
281 through 283, 290, 291, 293, 299, 302 through
304, 311 through 314;
317 to 318, F330, F331, F334 through F336, F339
through F340, F344 through F349;
F351, F352, F355, F359 through F365, F367 through
F368, F372, 373, and 403 and 403A.
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 36 of 129
36
Have you reviewed all of those and their
subexhibits?
A.
I have written all of those in my notes. Yes, I
have.
MS. WEBSTER: Your Honor, we move to admit those
pursuant to a records custodian certification.
THE COURT: All right. Let me give the government
a moment. They may need it. It's a long list.
MR. KAUSHAL: Thank you, Your Honor. This may take
a moment.
(Pause.)
MS. WEBSTER: Your Honor, for the moment, we're
going to withdraw the request for 403 in the subexhibit.
MR. KAUSHAL: No objection to the remainder of that
list, Your Honor.
MR. MARSHALL: No objection.
THE COURT: They are all admitted.
Defendant's Exhibits F130, F135, F150, F163, 164,
165 and 166, F214, 226 through 231, 243, 248, 266, 268
through 273, 276, 278, 279, 281 through 283, 290, 291, 293,
299, 302 through 304, 311 through 314, 317 to 318, F330,
F331, F334 through F336, F339 through F340, F344 through
F349, F351, F352, F355, F359 through F365, F367 through F368,
F372, 373, and 403 and 403A admitted into evidence.)
MS. WEBSTER: Thank you.
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 37 of 129
37
THE COURT: Again, for the record, Ms. Lee, but not
403.
BY MS. WEBSTER:
Q.
Ms. Holmes, are some of the subexhibits, like,
electronic files? Like Excel spreadsheets?
A.
Yes.
Q.
And are those files on this jump drive?
A.
Yes.
Q.
And do you recognize it?
A.
Yes.
Q.
How do you recognize it?
A.
I initialed it.
Q.
Okay.
And did we take screenshots of the information tab
for each of the electronic exhibits that's on this thumb
drive?
A.
Yes.
Q.
Okay. And are those -- have those been previously
marked?
A.
Previously marked?
Q.
Yes.
A.
Yes.
Q.
Okay. So I'm going to read you another long list.
Can you tell me if these are the subexhibits that you have
reviewed -- the screenshots that you have reviewed?
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 38 of 129
38
F130B; F135B; F150B; F163C; F164D; F164E; 164F;
165B; 166B; 214B; 266C; 266D; 268J; 269J; 269K; 270I; 270J;
272E and F; 273J and K; 276H; 276I; 278K; 279J; 279K; 281J;
281K; 282L; 282M; 283J and K; 290J, K; 291L and M; 293J and
K; 299L and M; 302H; 303K and L; 304I and J; 311K and L; 312J
and K; 313J and K; 314K and L; 317K and L; 318K; 318L; 330J
and K; 331K and L; 334K and L; 335I and J; 336K and L; 340O;
340P; 340Q, R, S, T, U; 344K, L; 345K and L; 346J, F --
sorry -- 346J; 347F; 347G; 348K and L; 349L and M; 351K and
L; 352J and K -- I'm sorry -- 352J; 355K and L; 359K and L;
360K and L; 361K and L; 362C; 363G and H; 363I, J, K and L;
364C and E; 365H and I; 367J, K; 368B; 372C; and 372D.
Have you looked at all of those?
A.
Yes, I have looked at all of those.
Q.
Are those screenshots of the files on this jump
drive?
A.
It is, yes.
MS. WEBSTER: Your Honor, I would move to admit
both the jump drive and the screenshots, which is the list
that I just read into the record.
MR. KAUSHAL: Your Honor, we don't have these
exhibits marked in that form.
We have a list of screenshots. So I don't know
which specific screenshot matches up with what.
However, I don't think I have an objection. I
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 39 of 129
39
would just ask that the defense clarify that this is the
information tab of each file that they identified.
MS. WEBSTER: Yes. That's correct.
MR. KAUSHAL: And if you can lay that foundation.
THE COURT: Ms. Webster is not by a mic.
MS. WEBSTER: Yes. I think that I did that.
But I can do that again.
BY MS. WEBSTER:
Q.
Those screenshots that I just listed out, that long
list, are they the information tab for each of the electronic
exhibits associated with the subexhibits that are contained
on this flash drive?
A.
Yes, they are.
MR. KAUSHAL: No objection.
MR. MARSHALL: No objection.
THE COURT: They're admitted.
(Defendant's Exhibits F130B; F135B; F150B; F163C;
F164D; F164E; 164F; 165B; 166B; 214B; 266C; 266D; 268J; 269J;
269K; 270I; 270J; 272E and F; 273J and K; 276H; 276I; 278K;
279J; 279K; 281J; 281K; 282L; 282M; 283J and K; 290J, K; 291L
and M; 293J and K; 299L and M; 302H; 303K and L; 304I and J;
311K and L; 312J and K; 313J and K; 314K and L; 317K and L;
318K; 318L; 330J and K; 331K and L; 334K and L; 335I and J;
336K and L; 340O; 340P; 340Q, R, S, T, U; 344K, L; 345K and
L; 346J; 347F; 347G; 348K and L; 349L and M; 351K and L;
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 40 of 129
40
352J; 355K and L; 359K and L; 360K and L; 361K and L; 362C;
363G and H; 363I, J, K and L; 364C and E; 365H and I; 367J,
K; 368B; 372C; and 372D admitted into evidence.)
MS. WEBSTER: Thank you.
BY MS. WEBSTER:
Q.
Don't worry, we're not going to go through all of
them, but I just want to show you a few of them.
So for example, if we're on 281K, is this the info
tab for an Excel spreadsheet?
A.
Yes, it is.
Q.
Okay. And can you tell me where under "related
people" where it says "author," who is listed?
A.
Author is Gena Pyfrom.
Q.
And can you tell me, when it says "last modified,"
who it says it's last modified by?
A.
Gena Pyfrom.
Q.
And can you tell me when the file was created?
A.
It's a little blurry.
Q.
Is it April 24, 2020?
A.
Yes, it is.
Q.
Okay. And does it say last modified on June 15 of
2020?
A.
Yes, it does.
Q.
And have you reviewed, as we indicated, every
single screenshot that I just read out on that list?
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 41 of 129
41
A.
Yes.
Q.
Okay. And do they all list the author as Gena
Pyfrom?
A.
Yes, they do.
Q.
I'm just going to show you one more. F293J.
And does this still show the author as Gena Pyfrom?
A.
Yes, it does.
Q.
And last modified by Gena Pyfrom?
A.
Yes.
Q.
Oaky. It was created on April 24 of 2020; is that
right?
A.
That is correct.
Q.
Okay. And then the last modified is June 20 of
2020?
A.
Yes.
Q.
Okay.
MR. KAUSHAL: What exhibit was that, Ms. Webster?
MS. WEBSTER: 293J.
MR. KAUSHAL: Thank you.
MS. WEBSTER: Ms. Holland, can we see Government's
Exhibit 2300, please, at page 435?
BY MS. WEBSTER:
Q.
And Ms. Holmes, do you see this Google Doc, this
spreadsheet listed in the auto message on this page?
A.
Yes.
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 42 of 129
42
Q.
Okay. And last night, did we actually click on
this message?
A.
We did.
Q.
And did you see what was in that document?
A.
Yes.
Q.
Okay. I'm going to show you what I have marked as
F60 through F63.
Do you recognize these?
A.
Yes, I do.
Q.
What are those?
A.
This is the spreadsheet that pulls up when you
click this link.
Q.
Okay. And is that true of F60 through F63?
A.
Yes. There are three versions.
Q.
Okay. And so are those true and accurate copies of
what that spreadsheet looks like?
A.
It is. Yes.
MS. WEBSTER: Your Honor, I move to admit
Defendant's F60 through F63.
MR. KAUSHAL: Objection. Relevance.
The document was accessed yesterday, I think, not
at the time of the events in this case.
MS. WEBSTER: Your Honor, it shows the --
THE COURT: Can you hand me a copy?
MS. WEBSTER: Yes. (Hands document to the Court.)
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 43 of 129
43
And, Your Honor, if --
THE COURT: One moment, please, Ms. Webster.
(Pause.)
THE COURT: Go ahead, Ms. Webster.
MS. WEBSTER: Your Honor, the documents,
specifically F61 and 62 and 63, show the different versions.
So 60 is what shows when you open the link. But
61, 62 and 63 show all the different versions.
So it shows what was happening or what was entered
into this spreadsheet in July of 2020, which is the relevant
timeframe.
THE COURT: All right. The objection was
relevance, and these look relevant. Overruled. They are
admitted.
Mr. Marshall, I assume you didn't have an
objection?
MR. MARSHALL: No objection.
THE COURT: They're admitted.
(Defendant's Exhibits F60, F61, F62, and F63
admitted into evidence.)
MS. WEBSTER: Ms. Holland, could we have the
computer?
BY MS. WEBSTER:
Q.
Ms. Holmes, is this what you get when you open the
spreadsheet?
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 44 of 129
44
A.
Yes.
Q.
And this is F60 that we're looking at?
A.
That's correct. Yes.
Q.
Are any names in this document?
A.
No. It's blank.
Q.
Okay. Turning to F61. Does that show a version?
Do you see in the right-hand side, does that show you the
different versions of this document?
A.
Yes.
Q.
And are those versions on July 11, 2020, and July
14 of 2020?
MR. KAUSHAL: Objection. Foundation. She's not a
Google expert.
MS. WEBSTER: I can lay a foundation.
THE COURT: Very well.
BY MS. WEBSTER:
Q.
Ms. Holmes, when you go into the Google Document,
does it allow you to look at the prior versions of this, of
the document?
A.
Yes.
Q.
And did we click on "version history" last night?
A.
Yes.
Q.
And is this the screenshot that we looked at?
A.
It is. Yes.
Q.
Okay. And is there -- does this first one, F61,
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 45 of 129
45
show a version from July 11, at 6:40?
A.
Yes, it does.
MR. KAUSHAL: Objection. Again, foundation.
MS. WEBSTER: It says that on the document, Your
Honor.
MR. KAUSHAL: That's hearsay, Your Honor.
MS. WEBSTER: The document has been admitted into
evidence.
THE COURT: Overruled. Go ahead.
MS. WEBSTER: Thank you.
BY MS. WEBSTER:
Q.
Does it have any information on this version of the
document?
A.
In the spreadsheet, no. It's empty.
Q.
And then if we look to F62, is this a version from
July 11 at 7:00 p.m.?
A.
Yes.
MR. KAUSHAL: Same objection.
MS. WEBSTER: Same response.
THE COURT: Overruled.
MS. WEBSTER: Thank you, Your Honor.
BY MS. WEBSTER:
Q.
And is this from July 11 at 7:00 p.m.?
A.
It is, yes.
Q.
Okay. And what's listed in row 1?
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 46 of 129
46
A.
"Simon says."
Q.
Okay. Is there any other information in this
document?
A.
No.
Q.
Okay. And if we go to F63, what does it show as
the date on that?
A.
July 14, 2020.
Q.
At 7:08 p.m.?
A.
Yes, ma'am.
Q.
Okay. Does that document have anything in it?
A.
No. It's empty.
Q.
Is there any other -- when we reviewed this last
night, is there any other version of this document that was
available?
A.
No.
Q.
Okay.
MS. WEBSTER: Your Honor, may I have one second?
(Pause.)
MS. WEBSTER: Your Honor, we have no further
questions at this time. There is an issue that we would need
to discuss outside of the jury.
I know the government will want to cross, but there
is an issue that we would need to discuss about her testimony
outside the matter of the jury.
We may need to recall her.
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 47 of 129
47
THE COURT: Sorry. So let's break that down.
Do you want to have me send the jury out so we can
discuss that now so you can ask her further questions now?
MS. WEBSTER: I think it may require more. So I
think maybe, if everyone is amenable to this, it might make
sense for the government to cross on this issue, and then we
could -- after that, we could take a break and address the
other issue.
THE COURT: Well, if Mr. Marshall and the
government consent to that format, I would be happy to. But
otherwise, after you release the witness, I don't know that
you can rejoin as far as the matter of, just, our sequence
here.
If everybody else is okay with that, that's fine
with me. But if not, I think we would need to address your
issue first and then have you ask the questions now if you
definitely want to be able to ask them.
MS. WEBSTER: Okay. Your Honor, I'm happy --
THE COURT: So I guess I'm asking if the government
consents to your suggested sequence, or not. And then I'll
have the same question for Mr. Marshall.
If they do, that's fine. If not, then we'll need
to break and deal with it now.
MR. KAUSHAL: Your Honor, the government asks for a
short break to discuss this matter.
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 48 of 129
48
THE COURT: All right. Why don't we do that.
Ladies and gentlemen of the jury, why don't we go
ahead and have you take your morning break? You are reminded
of your instructions for breaks.
Is this something we need to have the witness step
down for? I don't know if it's going to be substantive or
procedural.
MS. WEBSTER: Yes, that would be best.
Thank you.
THE COURT: All right. Ma'am, would you please
step outside the courtroom. Thank you.
(Witness exits the courtroom.)
(Jury withdrew from the courtroom at 10:15 a.m.)
THE COURT: You all can be seated.
Ms. Webster, you can be seated.
MS. WEBSTER: I think I'm going to let Ms. Durrett
handle it because it came out while I was cross-examining --
THE COURT: All right. Good morning, Ms. Durrett.
How are you?
MS. DURRETT: Good morning.
So, as the Court knows, we have brought Mr. Ricky
Dixon here via writ, and Mr. Steve Berne has been appointed
to represent him.
Mr. Berne met with him this morning. Mr. Dixon is
willing to testify on behalf of Mr. Foster in this case.
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 49 of 129
49
The problem is -- and I wish Steve was here but he
went to another courtroom for a sentencing, but he will be
right back.
But the problem is he either is requesting that
Mr. Dixon plead the Fifth or that the government grant him
transactional immunity for his statements here today because
he has a pending 2255. So we are kind of stuck in that
moment.
Our potential resolution of that is, if he is going
to indeed plead the Fifth, that we have our investigator meet
with him -- as the Court knows, he only came to the district
yesterday -- that we have our investigator meet with him and
that she be able to testify because he is unavailable.
So that just came up -- I'm sorry, Your Honor --
during the testimony that --
THE COURT: You don't have to apologize to me. It
is what it is.
I guess I don't have any control over whether or
not the government grants someone immunity. If they want to
do that, that's fine. If not, we'll go down the other road.
And if he wants to invoke his right, he certainly
has the constitutional right to do so. I can't do anything
about that for you, either.
So let's see where we are with your request for
immunity from the government for this, for your witness.
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 50 of 129
50
MS. DURRETT: Thank you, Your Honor.
MS. CHAIKEN: Your Honor, we are not authorized to
grant Mr. Dixon immunity, nor are we going to.
THE COURT: Okay. Well, there is the answer to
question number one, Ms. Durrett.
MS. DURRETT: Thank you, Your Honor.
So if we call Mr. Dixon to testify and he asserts h
is Fifth Amendment right, Your Honor, we would assert that he
is then unavailable under Rule 804 and that we should be able
to have our investigator testify about what he would say.
THE COURT: Has your investigator already spoken
with Mr. Dixon? Does he or she already know what Mr. Dixon
is going to say?
MS. DURRETT: That's the issue, Your Honor. He was
only brought to the district yesterday. He only met with his
attorney this morning, so she has not.
I anticipate that that is a five-minute
conversation with the investigator, given what we know we
want to ask.
THE COURT: So this is not a situation in which
your investigator has spoken with Mr. Dixon before, knows
what Mr. Dixon is going to say, and now he is refusing to
testify.
It's a situation in which, at your urging, I think,
or someone's urging, someone recognized that Mr. Dixon may
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 51 of 129
51
say something adverse to his interest, so you asked me to
appoint counsel for him; I did. He has decided to invoke his
right.
And so we want him -- we want to say, hey, by the
way, we know you have invoked your right but we want you to
talk to this person anyway and say something incriminating?
MS. DURRETT: Well, Your Honor, I don't -- I don't
think that -- well, one, I don't think --
THE COURT: He has invoked his right. He probably
doesn't want to come in here into court and talk to us, and I
doubt he -- I mean, maybe -- you said his attorney was
Mr. Berne?
MS. DURRETT: That's correct.
THE COURT: Maybe Mr. Berne is going to say to
Mr. Dixon, hey, fine, talk to this investigator.
I guess I would doubt that. But maybe we just need
to wait and speak with Mr. Berne.
MS. DURRETT: Your Honor -- and I know he said he
had a very short sentencing with Judge Walker at 10:00.
THE COURT: Is Mr. Dixon your next witness?
MS. WEBSTER: Yes.
THE COURT: And how many witnesses do you have
after Mr. Dixon?
MS. WEBSTER: None, Your Honor.
THE COURT: Okay. When did his sentencing start,
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 52 of 129
52
10:00?
MS. DURRETT: 10:00. But he said it was in front
of Judge Walker and that it would be very short.
THE COURT: I'm happy to accommodate anything folks
want to, but I guess I'm just -- I guess we need to speak
with Mr. Berne because I don't want to assume anything. You
know what they say about assumptions.
But if we know that Mr. Dixon has said he wants to
invoke his Fifth Amendment right, I guess I'm just assuming,
rightfully or wrongfully, that he's not going to want to say
anything incriminating to your investigator, either.
But who knows. I have been wrong before.
Ms. Chaiken, you look like you have something to
say.
MS. CHAIKEN: Your Honor, we disagree that they can
get around hearsay in this way.
THE COURT: I don't even know if they can.
MS. CHAIKEN: Right. But we also, to the extent
that the investigator did speak to him and he made
incriminating statements, those would then be statements we
could use against him at a subsequent trial.
You can't get around the Fifth Amendment privilege
by saying something to someone else, not in court directly.
Those would still be statements he made. And then we could
call the investigator in our case against Mr. --
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 53 of 129
53
THE COURT: I'm not worried about your sentencing
of Mr. Dixon down the line.
MS. CHAIKEN: He is challenging his conviction.
THE COURT: He has been sentenced, so this would be
a subsequent hearing on a different motion.
MS. CHAIKEN: He has a pending 2255.
THE COURT: Let's not -- go ahead, Ms. Chaiken.
MS. CHAIKEN: We don't know what the subject of the
testimony is, but they could be asking him about things that
would open him up to charges of perjury, of making false
statements to a law enforcement officer.
We don't know what they're planning on asking him.
But the only things they have said have to do with his
proffer interview in which he made untruthful statements.
THE COURT: Ms. Durrett, it seems to me that you
have probably hit a dead end. But I'm happy to have
Mr. Berne here to see if there's a left turn or a right turn
that you may have.
But again, you all alerted me to this issue, asked
to make sure he had counsel; he has counsel. He's decided,
after consult with his counsel, not to say anything.
I think we need to speak with Mr. Berne, Mr. Berne
needs to speak to his client about whether or not he wants to
have any conversation with your investigator.
I'm not going to stop him from doing so, if he
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 54 of 129
54
wants to. And then if you get past that bridge, we can talk
about whether or not that's going to come in.
MS. DURRETT: Thank you, Your Honor.
THE COURT: All right. So we have, I guess, the
government's cross of this current witness, and then anything
Mr. Marshall has.
Why don't we take a comfort break and come back and
do that. And by that time, maybe we will have Mr. Berne and
his client.
MS. DURRETT: Thank you, Your Honor.
(There was a recess at 10:22 a.m., and proceedings
continued as follows at 10:44 a.m.)
THE COURT: You all can be seated.
Are we ready to bring out the jury? Is there
anything else we need to discuss before the jury comes back?
MS. DURRETT: I think the next witness will be --
after this witness, will be Mr. Dixon. And I don't know if
you want to take that issue up then?
THE COURT: Well, I guess what I was suggesting is,
if the prosecution's cross of this current witness only lasts
5 or 10 minutes and then there is more to discuss as to
Mr. Dixon, that we just discuss the Mr. Dixon issues now so I
don't have to send the jury back out and bring them back in,
which always takes, you know, 15 minutes.
So, cutting to the chase, where are we with
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 55 of 129
55
Mr. Dixon and those issues? Does anyone have a quick update
for me?
Is his counsel here?
MS. DURRETT: I think his counsel is meeting with
Mr. Dixon right now.
THE COURT: Okay. Do you want to give me an update
and then we'll hear from him as well?
MS. DURRETT: My understanding is he spoke --
Mr. Berne spoke with the government; they are obviously not
willing to provide any sort of immunity.
Mr. Berne is going to advise his client to invoke
the Fifth. And we believe that the questions we intend to
ask would not trigger the invocation of the Fifth. And we
sent you some case law over the break, and the government as
well.
So I think that you would have to make a
particularized finding that he is exposed to some future
criminal liability based on his answers, and I don't think
that the questions we're going to ask would trigger that
invocation.
THE COURT: All right.
Let's just bring out the jury for the
cross-examination of the last witness, and then we'll get to
all that later.
Officer.
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 56 of 129
56
MR. MARSHALL: Judge, for the record, the defense
witness for Ms. Jackson is actually here in the building. So
we're not waiting on him to arrive.
THE COURT: Thank you, Mr. Marshall. I appreciate
the update.
(Jury enters the courtroom at 10:48 a.m.)
THE COURT: All right. You can be seated.
Ms. Webster, I see that you are still at the
lectern. I thought we were about to do the government's
cross. I may have been mistaken.
MS. WEBSTER: Your Honor, I have just one
additional question. I wanted to admit the exhibits that I
was not able to admit earlier.
It will be very brief.
MR. KAUSHAL: We discussed it during the break. We
don't have an objection, Your Honor.
THE COURT: All right. So you are moving to admit?
MS. WEBSTER: Defendant's Exhibits 403A and 403B.
THE COURT: Mr. Marshall?
MR. MARSHALL: No objection.
THE COURT: They're admitted.
(Defendant's Exhibits 403A and 403B admitted into
evidence.)
MS. WEBSTER: Thank you, Your Honor.
Before the break I had admitted the document
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 57 of 129
57
versions of F60 through F63. I wanted to make sure that the
electronic version was also admitted to go back to the jury
because it's more complete than the printouts.
THE COURT: All right. Do you want to mark that
separately so the record is clear on that? Or what would you
like to do?
MS. WEBSTER: Sure. I will mark them as F60A
through F63A.
THE COURT: Very well.
MS. WEBSTER: Thank you. So that's admitted;
correct?
THE COURT: Admitted without objection from anyone.
(Defendant's Exhibits F60A, F61A, F62A, and F63A
admitted into evidence.)
MS. WEBSTER: Thank you, Your Honor.
No further questions.
CROSS-EXAMINATION
BY MR. KAUSHAL:
Q.
Good morning, Ms. Holmes. We haven't met before,
have we?
A.
No, sir. We have not.
Q.
My name is Samir Kaushal. I'm the prosecutor in
this case. I'm going to ask you some questions.
A.
Okay.
Q.
I'm sure you've done that many times before,
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 58 of 129
58
haven't you?
A.
Yes, sir.
Q.
All right. In this investigation that you
conducted, you were not told to review all the evidence in
this case, were you?
A.
I did not review all the evidence.
Q.
So you didn't review all the WhatsApp messages that
were available in the case, did you?
A.
No, I did not.
Q.
You didn't review the Telegram messages in this
case; correct?
A.
Correct.
Q.
You did not review all of the bank records in this
case; correct?
A.
Correct.
Q.
You did not review any of the emails other than
those that you have identified; correct?
A.
Correct.
Q.
Is it fair to say the things you did review were
the things that you covered in your direct examination?
A.
Mostly, yes.
Q.
And there may have been a few other things, but
there was -- you don't know what else is out there in terms
of discovery in this case; correct?
A.
Correct.
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 59 of 129
59
Q.
And you have not reviewed the recording of
defendant Teldrin Foster, have you?
A.
No, sir.
Q.
Okay. So you haven't heard what he said in the
recording; right?
A.
I did not hear that, no.
Q.
Let's talk about the records that you discussed. I
think there was Apple, Yahoo, and Comcast.
A.
Um-h'm.
Q.
And I think the questions on direct were about
whether there were any records for any of those; right?
A.
Yes.
Q.
And there were no record; correct?
A.
They were beyond retention, yes.
Q.
Right. Okay. So -- so you are aware that there
are records retention policies for Apple; correct?
A.
Correct.
Q.
And there is record retention policies for Yahoo;
right?
A.
Yes.
Q.
And record retention policies for Comcast; correct?
A.
Yes.
Q.
And the absence of records for any of those doesn't
mean that nothing happened in terms of what happened on those
days back in the past; correct?
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 60 of 129
60
A.
Correct.
Q.
It just means that there might have -- let me start
over.
The absence of those records is simply that as of
the date that these particular requests were made, those
records may not have been in existence anymore.
A.
Correct.
Q.
Because the logging wasn't there, it's been purged,
it's gone.
A.
Yes.
Q.
And when were those three document requests made?
Was that sometime this year?
A.
I don't know that answer.
Q.
Okay. But in any event, it was done at a time at
which they could no longer get records; correct?
A.
It appears so.
Q.
During direct, you discussed Defense Exhibit 10B.
MR. KAUSHAL: And, Ms. Holland, can you please turn
on the ELMO for me.
BY MR. KAUSHAL:
Q.
All right. So we have talked about F10B. Do you
have that in front of you? Is that something that's
available for you up there or did somebody snatch that away?
A.
I don't see it.
Q.
Okay. Well, I'm going to show it to you on the
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 61 of 129
61
screen. And please let me know if you haven't -- if you are
having trouble reading it.
A.
Okay.
Q.
All right. So I'm showing you the third page of
F10B, as in banana. Do you see it on the screen, ma'am?
A.
Yes, I do.
Q.
Okay. So during direct, we went through some of
the incoming deposits; right?
A.
Yes.
Q.
And do you see where my pen is pointing right now?
A.
Yes.
Q.
To those dates. Is that June 5, and June 8, 2020?
A.
Yes.
Q.
And then -- I was pointing to the wrong thing.
So June 8, and June 10, are the dates of Zelle
transfers; correct?
A.
Yes.
Q.
And those are the earliest dates that you found of
any payment to Gena Pyfrom-Foster; isn't that right?
A.
Rephrase that?
Q.
Those were the earliest dates of payments to Gena
Pyfrom-Foster that you found that were relevant to your
investigation; correct?
A.
This is -- well, I don't know if there were earlier
ones. This is the one that I'm aware of.
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 62 of 129
62
Q.
Okay. So in your investigation, you found these
particular payments?
A.
Correct.
Q.
And you don't know if there are any others?
A.
Correct.
Q.
Because you don't have every record that is
available in this case?
A.
Correct.
Q.
But this is what you found as the earliest date?
A.
Yes.
Q.
Is it fair to say that -- well, let me take a step
back.
Did you ask for all the records related to Gena
Pyfrom-Foster?
A.
I personally did not.
Q.
Did -- I should ask a better question.
When you communicated with defense counsel for your
investigation, did you or someone from your office ask for
the records related to Gena Pyfrom-Foster?
A.
No.
Q.
Okay. What did you ask for when you conducted your
investigation?
A.
I didn't absolutely conduct an investigation in the
case. I was asked to do certain tasks in the case. So I did
not review all of the government documents. And so I didn't
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 63 of 129
63
ask for those.
Q.
So you don't know whether there is an earlier
payment or not; correct?
A.
Correct.
Q.
But you do know that in terms of your testimony,
this is the earliest thing you have testified about today?
A.
I don't know if it's the earliest.
Q.
Even from your testimony today -- from the
information that you discussed today, these are the earliest
payments that you identified in your direct testimony for
Gena Pyfrom-Foster?
A.
Those are the payments identified. But you are
saying "earliest," so I don't know if it's the earliest
payments. If that makes sense.
Q.
So there was an earlier payment that you identified
somewhere in your direct testimony?
I'm just talking specifically about what you said
today, in terms of your direct today?
A.
I identified this payment.
Q.
Right.
A.
Okay.
Q.
All right. Well, why don't we take a look at
Government's Exhibit -- looks like 2941.
MR. KAUSHAL: Can you pull that up, Ms. Holland?
So let's go to the second page, Ms. Holland, and then the
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 64 of 129
64
third page.
BY MR. KAUSHAL:
Q.
Here we see a counter credit here; correct? And
it's June 11; right?
A.
Counter credit, yes.
Q.
And that's after the June 8 date that we saw in the
other document; correct?
A.
Right. Yes.
Q.
And then when we looked at 2942 --
MR. KAUSHAL: Can you pull that up, ma'am?
Actually, let's pull up 2879.
BY MR. KAUSHAL:
Q.
Have you seen -- this is Government's Exhibit 2879.
Have you seen this document before, ma'am?
A.
No, I have not.
Q.
Can you tell the jury what the name -- well, can
you tell me what it is?
A.
It's a check that's cleared the bank from Bellator
Phront Group.
Q.
And who is that check to?
A.
Teldrin Foster.
Q.
What's the date on that check?
A.
May 26, 2020.
Q.
And that date is before that June 8 date that I
talked about earlier; correct?
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 65 of 129
65
A.
Correct.
MR. KAUSHAL: Let's pull up Government's
Exhibit 1146, page 6, Ms. Holland.
BY MR. KAUSHAL:
Q.
Ms. Holmes, is this a bank record, directing your
attention to the top left-hand corner, for Elite Executive
Services for the date range of May 1, 2020, to May 31, 2020?
A.
Yes, it is.
Q.
And looking at the prior page --
MR. KAUSHAL: I'm sorry, Ms. Holland.
Oh. It's -- please scroll down to page 6, again,
ma'am. I'm sorry, Ms. Holland.
BY MR. KAUSHAL:
Q.
Looking at this page, do you see in the middle
section, on 5/22/2020, a CashApp payment for $1,380.41?
A.
Yes.
Q.
And that date is May 22, 2020?
A.
Correct.
Q.
Is that the date that that transaction occurred?
A.
It's when it was posted. So.
Q.
So it would have been around that time?
A.
Correct.
Q.
And can you read just that first three words --
starting with "CashApp," can you read the three words,
including the word "CashApp," what it says there?
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 66 of 129
66
A.
"Payment sent 5/21, CashApp."
Q.
And after that, what's the next word?
A.
"Teldrin."
Q.
Teldrin. Is that the first name of Teldrin Foster?
A.
Yes, it is.
Q.
And this was also before that June 8, 2020, date;
correct?
A.
Correct.
Q.
I wanted to double back to something and I'm not
sure if you have it up there. Please let me know if you do.
There was the Comcast record that defense counsel
pulled up. That Comcast record -- do you have that in paper
form up there?
A.
Do you have the exhibit number?
Q.
I believe it is F, as in Frank, 11B.
A.
Yes, I have it.
MR. KAUSHAL: Your Honor, may I approach?
THE COURT: Again, you all can feel free to move
about the courtroom without my permission.
MR. KAUSHAL: Thank you, Your Honor.
BY MR. KAUSHAL:
Q.
So I asked you earlier about the date range or the
dates of when the records requests were made.
A.
Um-h'm.
Q.
Does F11B have a date on the first page of the
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 67 of 129
67
response?
A.
The response was -- the letter's December 27, 2023.
Q.
Okay. So that's well after 2020; correct?
A.
Correct.
Q.
I want to talk a little bit about that Google
Document that you discussed on direct.
You don't work for Google; right?
A.
No. I do not.
Q.
And there were some things on that document, on the
right-hand side. Do you have a copy of those?
A.
I don't have that. It was, I think, put on the
overhead screen.
Q.
Okay.
I'm going to show you on the ELMO, ma'am, the
right-hand side of these documents because you talked about
the version history, and I just wanted to ask you some
questions about that.
So I'm going to publish -- first I'm going to
publish F60. This is the document that did not have any of
the version information on the right; correct?
A.
Correct.
Q.
And this is when you accessed it -- when did you
say you accessed this?
A.
I reviewed this yesterday.
Q.
Yesterday. And when was the indictment in this
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 68 of 129
68
case, if you know?
A.
I don't know that date.
Q.
Okay. Would it surprise you that the indictment,
original indictment in this case, was back in August 2021 --
2020? My apologies.
A.
Okay.
Q.
Is that a long time, between August 2020 and
yesterday, for somebody to access this Google link?
A.
I wasn't on the case back when it was indicted. So
it is a long time, but.
Q.
And you just clicked the link and it came up;
right?
A.
No. I was provided a link to click.
Q.
When you did click the link --
A.
Um-h'm.
Q.
-- it took you to this page; correct?
A.
Yes.
Q.
Did you have to enter any special information to
get on the page?
A.
No. It was a link in the WhatsApp.
Q.
Okay. So it was just -- and there was no kind of
test to see if you should have access to it?
A.
No.
Q.
So it was completely wide-open?
A.
As far as I know, yes.
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 69 of 129
69
Q.
So it's been wide-open, as far as you know, since
whenever it was sent in the past?
A.
Correct.
Q.
Are you aware that there are numerous Excel
spreadsheets that have been exchanged between individuals who
are defendants in this case?
A.
I have seen numerous Excel spreadsheets, so I'm
assuming so.
Q.
So yes. Okay.
Well, isn't this just another way of exchanging
spreadsheet information, the Google Doc?
A.
Yes.
Q.
So if I wanted to exchange a spreadsheet, I could
use Google Docs; right?
A.
You could.
Q.
I could also use Excel?
A.
You could.
Q.
Now going to F61, there is a version history on the
right. And you testified about what that version history
means; right? On direct?
A.
I'm not sure I testified the meaning of it, but --
but yeah. My understanding is, when you modify a document,
the versions are displayed, and the dates.
Q.
But you don't know what the retention policy for
any of this is, do you?
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 70 of 129
70
A.
I do not.
Q.
So it could have been set to purge, just like the
other logs we talked about; correct?
A.
It can be.
Q.
And on the right-hand side, what do these mean?
Where it says "employee info," do you know what that means?
A.
I don't.
Q.
Okay. What about "all anonymous users"? What are
those bullet points?
A.
I don't know.
Q.
Okay. So you don't really know whether this
document says what you think it says. You are just basing it
on your general understanding of how you think it might work;
correct?
A.
Correct.
Q.
During direct, we went through -- I don't even know
how many of these there were, but there were a lot -- these
info sheets, at least they were listed out. We didn't cover
a lot of them, but there was a big, long list of exhibits.
Do you remember that?
A.
Yes, I do.
Q.
I'm going to see if I can find them in here real
quickly.
So I'm going to start with the document that
Ms. Webster pulled up, 2 -- F281K.
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 71 of 129
71
And presumably, F281K relates to Exhibit F281. Is
that -- this is the info tab of that?
A.
Of that spreadsheet.
Q.
And this is an Excel spreadsheet; correct?
A.
Correct.
Q.
And Excel has something called metadata; right?
A.
Yes.
Q.
And that metadata shows a user associated with the
software on which the spreadsheet was created?
A.
Um-h'm. Yes.
Q.
And that can be modified; correct?
A.
What can be modified? The user?
Q.
The author section, right --
A.
Yes.
Q.
-- here in the bottom right-hand corner?
A.
Yes.
Q.
That can be changed?
A.
I think it can.
Q.
Okay. So you don't know?
A.
I don't -- I know, on other Microsoft products, you
can.
Q.
You can modify the author?
A.
Yes. Correct.
Q.
And that author name doesn't have any sort of
authentication tool for it in the sense that if I'm using --
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 72 of 129
72
well, let me withdraw that, and I'll ask a better question.
If I'm using this laptop and it has a copy of
Microsoft Office installed on it, and it's in my name, and I
send a document, presumably it's going to have my metadata;
right?
It's going to say Samir Kaushal is the author;
correct?
A.
Correct.
Q.
But if Ms. Webster uses my laptop to create a Word
document or, let's say, an Excel document since that's what
we are talking about in this case, in those instances when
Ms. Webster creates something and sends that file, it still
says my name; right?
A.
That can happen, yes.
Q.
Well, it would say that unless somebody went in and
changed it; correct?
A.
Correct.
Q.
Or if somebody wiped it, because it's possible to
wipe metadata too.
A.
Um-h'm.
Q.
So the metadata doesn't really tell us much about
the life of the document, does it?
A.
No.
Q.
Now I want to direct your attention to the "related
dates" area of this document.
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 73 of 129
73
I'm going to try and zoom in a little bit and focus
it one more time for you.
Do you see the "related dates" area?
A.
I do, yes.
Q.
Okay. And can you see the created date?
A.
Yes.
Q.
What is it?
A.
April 24, 2020.
Q.
We also looked at 293J. What's the time on that,
ma'am? Can you read that? The created date time?
A.
1:25 a.m.
Q.
All right. I'm going to show you 293 -- F293J,
which Ms. Webster also showed you.
Can you tell me what the created date for this is?
A.
April 24, 2020.
Q.
And what's the time on the created date here?
A.
1:25 a.m.
Q.
Is that the same time that we just looked at?
A.
Yes.
Q.
I'm going to show you F293K. What's the created
time on this document?
A.
The time is 1:25 a.m.
Q.
And what date was it created on?
A.
April 24, 2020.
Q.
Let's look at one more. F299L.
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 74 of 129
74
Can you see the created date?
A.
Yes.
Q.
Is that the same time and date that we have seen on
the last three documents, April 24, 2020, at 1:25 a.m.?
A.
Yes. Yes.
Q.
Let me do one more. F299M, as in magician.
Is this also the same date and time that I just
read?
A.
Yes, it is.
Q.
Let's do one more, F304I. Is this also the same
created date?
A.
Yes.
Q.
Now, isn't it true that having the same creation
date is consistent with that being the same file?
A.
It could be, yes.
Q.
And isn't it true that a template that's been used
multiple times, a go-by, let's say, something that we use to
create other documents -- are you familiar with that concept,
a template or a go-by?
A.
Oh, yes.
Q.
So if a template was created at a certain time and
then used multiple times, that would be consistent with this
type of information with that same creation date; right?
A.
Correct.
Q.
I'm going to show you what's been marked as
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 75 of 129
75
Government's Exhibit -- I'm going to mark this as 5000.
I would like you to take a look at that, ma'am.
A.
Okay.
Q.
Can you tell me what that is?
A.
Department of Driver Services. Obviously, it's
their record, their driver's license record.
Q.
And are those records for Teldrin Foster?
A.
Yes, they are.
MR. KAUSHAL: Government moves to admit
Government's Exhibit 5000 into evidence.
MS. WEBSTER: Objection, Your Honor. Relevance and
foundation.
MR. KAUSHAL: Your Honor, it is relevant both for
identity and to show the address on those particular
documents.
MR. MARSHALL: Same objection, Judge.
THE COURT: I'm sorry, Mr. Marshall?
MR. MARSHALL: Same objection.
THE COURT: One moment.
(Pause.)
THE COURT: All right. Ms. Webster, do you want to
expand on your foundation objection?
MS. WEBSTER: Your Honor, she has never seen this
document. She has never reviewed it. She's being presented
with it for the first time on the stand.
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 76 of 129
76
I also think there are --
THE COURT: Let me just get Mr. Kaushal's response
to that.
We may or may not need to hear anything else from
you, Ms. Webster.
MS. WEBSTER: Thank you.
MR. KAUSHAL: Your Honor, the records were provided
to defense previously and Ms. Holmes described what the
records were. She said she knew what they were and described
them.
MS. WEBSTER: I don't think she said she was
familiar with them. She said she --
THE COURT: Exactly.
Mr. Kaushal, we can see if she is familiar with
them or not.
BY MR. KAUSHAL:
Q.
Ms. Holmes, is that -- is the defendant in this
case, Teldrin Foster, one of the defendants?
A.
Yes.
Q.
Okay. And that's what those records are about,
Teldrin Foster; correct? That's the name on those records;
correct?
A.
Yes.
Q.
And you have previously testified that those
records are Georgia Department of Driver Services records;
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 77 of 129
77
correct?
A.
That's what it says on there.
Q.
Have you looked at driver's license records before
in your line of work?
A.
No.
Q.
You have never seen one?
A.
This, like this, no. I have not.
Q.
Are you familiar with the type of information that
might be contained in such records?
A.
Just from getting a license, yes. You have to give
the information.
Q.
Are you familiar with the type of information,
investigatively, that you would get when you look up
somebody's driver's license information?
A.
Yes.
Q.
Okay. And is that type of information available on
those documents?
A.
Yes.
MR. KAUSHAL: Your Honor, because -- well, the
government again moves to admit the driver's license records
for the purpose of showing the defendant's identity and also
the addresses that are listed on those documents because that
is relevant to this case.
THE COURT: I don't think the objection is
relevance. I think the objection is foundation.
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 78 of 129
78
Ms. Webster?
MS. WEBSTER: Your Honor, she still has never seen
the documents before and no idea how the government got them,
and says she has never obtained those documents in her line
of work.
But we did also make a relevance objection, Your
Honor.
THE COURT: Oh. Well, I'll hear you as to
relevance. Sorry.
I'm inclined to overrule you on relevance, but go
ahead and state your relevance grounds.
MS. WEBSTER: Your Honor, one, we're not -- I'm not
sure that anyone has denied that this is Teldrin Foster. So
if they're offering it to establish his identity as Teldrin
Foster, no one is objecting to that. So that has been --
that's been established.
Also, there are numerous documents here, and I
think there are actually some 403 grounds based on some
matters I would like to discuss outside the presence of the
jury.
THE COURT: All right. Ladies and gentlemen of the
jury, I'm going to have you step out, please.
(Jury withdrew from the courtroom at 11:19 a.m.)
THE COURT: Ma'am, can you also step out of the
courtroom, please.
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 79 of 129
79
(Witness exits the courtroom.)
THE COURT: Mr. Kaushal, may I see a copy of the
exhibit?
MR. KAUSHAL: Yes, Your Honor.
THE COURT: I have got a pretty good idea, based on
the context of your questions, but it would be nice to have a
copy.
MR. KAUSHAL: Yes, Your Honor. (Hands document to
the Court.)
THE COURT: All right. You all can be seated.
One moment.
All right. Ms. Webster, you wanted to be heard on
403 grounds?
MS. WEBSTER: Yes, Your Honor.
They're not just admitting one driver's license
photo or one driver's license information. It's an entire
stack of them. And I think it's prejudicial for a few
reasons.
One, I think the relevance is minimal, as I
indicated earlier, but it's also prejudicial because you will
see that there are multiple driver's license -- multiple
records, some within a short timeframe of each other.
For example, on page 3 of the document there is one
from 11/13/2018. The next page is 11/15/2018, and the next
page is 11/17/2018, which all, obviously, predates anything
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 80 of 129
80
relevant to this conspiracy.
But it looks like -- I can explain to you what was
happening but it looks -- it gives the appearance as if
something, like, what is going on that he is going back every
few days to get a driver's license identification?
So perhaps if they want to address one of them,
then that -- maybe that 403 issue would not be there. But I
think we still have the foundation issue.
But to admit the entire stack of them, I think, is
not relevant and is unduly prejudicial, especially in light
of the limited prejudice -- I mean limited probative value
and the prejudice that would come in from just having this
entire stack of one -- one stack of them.
MR. KAUSHAL: Your Honor, this is a
self-authenticating government record. And the witness has
identified, in general -- so on that ground, she doesn't
really need to know specifically anything else about the
document in order for us to authenticate it. It's
self-authenticating.
And at that point I can establish the relevance of
the document in several ways --
THE COURT: Let me break in. I don't think you
have noted 902(11) during the exam, and you're noting it now.
That might change how deeply we need to go down the
foundational road.
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 81 of 129
81
Now that you have moved to admit it on those
grounds and she has identified what it is, at a minimum, is
there any further foundation objection either by Ms. Webster
or by Mr. Marshall, who I think joined in the objection?
MS. WEBSTER: No, Your Honor.
THE COURT: Okay. So overruled as to foundational
grounds.
And it sounds like even the objection was
withdrawn, so I don't even need to rule on it.
As far as the 403 is concerned, Mr. Kaushal, go
ahead.
MR. KAUSHAL: Thank you, Your Honor.
And I apologize for not stating that on the record
with the witness.
THE COURT: If you did, I missed it.
MR. KAUSHAL: I did not. I did not. And I
apologize for that, Your Honor.
In terms of the relevance of this document, the
defendant's connection to 2796 Lakeview Walk is highly
relevant to this case.
The defense has already put in F11, which is a
Comcast record related to that particular address, and has
admitted this document where it says that the subscriber name
is Gena Pyfrom, and it lists that address.
The defendant's connection to that address is just
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 82 of 129
82
as relevant, and it shows that he has maintained connections
to that address over a period of time. And it also has his
picture on it, and his name.
And this is not a situation like, I believe the
case is Old Chief, where the defense can stipulate away a
prior conviction to avoid the prejudice.
They can't just say "we agree that he is -- that
this is Teldrin Foster" in the middle of the trial and take
away our ability to put a piece of evidence in. That is
still relevant information.
And also the fact that there is multiple entries in
the driver's services, I mean, that is really a reach, Your
Honor.
I don't think there is any --
THE COURT: Do you need -- whether or not it's a
reach, do you need pages -- you have got page 3, which is
issue date of 11/13/2018.
Do you need pages 4 and 5, the issue dates of just
a couple days later?
MR. KAUSHAL: Your Honor, we don't need pages 3 and
4, but we would like page 5 to be maintained in the exhibit.
THE COURT: Okay. Well, I think, Ms. Webster, as
long as two of the three November 2018 issues are taken out,
that should address your concern.
I don't know why he got three over the course of a
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 83 of 129
83
week or so. I can see why that may have 403 prejudicial
concerns from your perspective.
But it would seem that just taking out two of the
three November 2018 pages would address that.
Anything further?
MS. WEBSTER: I agree that it addresses them as to
those. But I would also point to -- 6, 7, and 8 also have a
series of -- like, they are all applications within several
months of each other.
So I think the one page does what the government
needs for it to do without creating all these issues as to
why is he needing to apply to try to get more driver's
licenses and things like that.
THE COURT: Let me ask Mr. Kaushal if he wants to
take out, by consent, 6, 7, or 8?
MR. KAUSHAL: Your Honor, these documents show that
the defendant has maintained this particular residential
address as the address on his driver's license and other
identification documents throughout the timeframe of the
conspiracy and beyond.
And we have heard testimony today from Ms. Murray
about the defendant's other activities and his potential --
the inference, I think, is that there was less of a
connection to Ms. Foster than these records show.
They show that he is listing that same address as
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 84 of 129
84
his address. And I believe that is relevant, it continues to
show relevance. And they, by calling Ms. Murray, brought
this issue to the forefront. And we feel that the evidence
should be included for that reason.
THE COURT: All right. So dealing with pages 3, 4,
and 5, which of those does the government want to keep in of
the three?
MR. KAUSHAL: Page 5, Your Honor.
THE COURT: Okay. Let's take out page 3. Take out
pages 3 and 4, then.
And then, Ms. Webster, I understand getting three
driver's licenses in the course of roughly a week might raise
eyebrows, so it sounds like, by consent, the government is
taking out a couple of those.
As far as the remaining objection under 403, that
there is some unfair prejudice that outweighs the relevance
for those 2021 transactions that are in the case, of pages --
why don't we mark as a Court's exhibit the entirety of this
document as originally proffered, just so this record will
make sense.
Pages -- page 6 is an issue date of February 19,
2021.
Page 7 is an issue date of March 31, 2021.
And page 8 is issue date of 6/29/21.
Government, were there still activities going on
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 85 of 129
85
relevant to this case in February to June of 2021? I guess,
as far as the first of those dates, February 19, 2021, I
guess the question is mooted because the one before that was
11 November of 2018. So certainly I can see the relevance of
your wanting to show he was still there as of February of
2021.
But let me rephrase and ask you, is there any
relevance to the March and June issuances in 2021?
MR. KAUSHAL: Because the Comcast records purport
to go forward until 2023, these records mirror, to the extent
possible, show that he continued to list this address.
The same way that Gena Foster's name is included on
the Comcast records, this defendant has likewise tendered
this address when he got driver's licenses going forward.
So that would be one reason, Your Honor.
And then the second reason is going back to
Ms. Murray's testimony about the potential lack of connection
between Gena Pyfrom-Foster and the defendant. This shows
that he is continuing to show a residence that overlaps with
Gena Pyfrom-Foster, even beyond the timeframe of the
conspiracy.
THE COURT: All right. Anything else, Ms. Webster?
MS. WEBSTER: Yes, Your Honor. To be clear about
the Comcast records, Your Honor, we did not subpoena records
going to 2023. We specifically only subpoenaed the records
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 86 of 129
86
from 2020 because those are the dates that are charged in
this indictment.
And the response that we got was dated in 2023.
But if you look at the response, it says that it's about 2020
and that the records in 2020 were beyond retention.
So I don't think, even if you -- the February the
19th of 2021 is admissible, there is no additional relevance
for the latter two, Your Honor.
THE COURT: Anything else, Mr. Kaushal?
MR. KAUSHAL: Their exhibit, F11, says "Based on
the information provided pursuant to the court order and
subpoena, the subscriber information obtained has been
provided below."
And then it lists the address of Gena Pyfrom and
the address of 2796 Lakeview Walk in Decatur, Georgia. My
understanding of this record is that it seems to be showing
that she continues to be in that address, which is why we
brought that up.
THE COURT: All right. I think the relevance of
who was living where when arguably decreases as we get
further and further from 2020. But based on the evidence
that has come out, I think there is still some relevance to
it, and that's been an issue that we have spent a lot of time
on.
So I don't think the probative value is
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 87 of 129
87
substantially outweighed by any unfair prejudice here. So
I'll overrule the objection to exclude this on relevance
grounds or 403 grounds, more particularly.
But by consent, the government has taken out two of
the three November 2018 issuances, which I think since they
have consented to do it, I don't even need to rule on that
part of the objection.
But I would think that that would be the only
portion that there would be a colorable 403 argument anyway.
So in an abundance of caution, I would have granted
on 403 as to two of those three November 2018 references.
All right. Let's bring the jury back in and I'll
admit the document and you can continue.
(Witness enters the courtroom.)
(Jury enters the courtroom at 11:34 a.m.)
THE COURT: All right. You all can be seated.
The objection is overruled and the document is
admitted as modified.
MR. KAUSHAL: It is Government's Exhibit 5000.
(Government's Exhibit 5000 admitted into evidence.)
BY MR. KAUSHAL:
Q.
Ms. Holmes, I'm going to take Government's
Exhibit 5000 from you, and I will publish on the ELMO for
you. Can you see that on the screen, Ms. Holmes?
A.
Yes, I can.
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 88 of 129
88
Q.
All right. And what is the name -- let me withdraw
that.
The name listed here is Teldrin Foster; correct?
A.
Correct.
Q.
And down here on the right-hand side, there is an
address listed; right?
A.
Yes.
Q.
And that address is 2756 Vining Ridge Terrace,
Decatur, Georgia?
A.
Yes, it is.
Q.
Okay. And that's listed as a residential address;
correct?
A.
Yes.
Q.
Now, the one below that is a mailing address;
right?
A.
Yes.
Q.
And that mailing address is 2796 Lakeview Walk,
Decatur, Georgia; correct?
A.
Correct.
Q.
And turning to the next page of this document,
there is also a residential and mailing address listed here
as well; right?
A.
I don't see that yet.
Yes.
Q.
And that is the 2796 Lakeview Walk, Decatur,
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 89 of 129
89
Georgia, address?
A.
It is, yes.
Q.
I'm not going to go through every single one, but
these are for different issuance dates; correct?
A.
Correct.
Q.
The next document, it has the same residential and
mailing address; correct?
A.
Yes.
Q.
And then going to the next page, it's the same
residence and mailing address; correct?
A.
Yes.
Q.
And then going to the next page, it's the same
residence and mailing address; correct?
A.
Yes.
Q.
And then, finally, on the last page, it's the same
residence and mailing address; correct?
A.
Correct.
Q.
Now, previously, we talked about that Comcast
record. I believe it was F11B, B as in banana.
Do you have that up there?
A.
Yes, it's here. Yes.
Q.
Let's take a look at that exhibit real quickly.
Now looking at F11B, can you tell me if the address
listed on that document -- and actually, let me publish the
document.
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 90 of 129
90
I'm publishing F11B.
This is the Comcast record, ma'am?
A.
Yes, it is.
Q.
And the subscriber for this document says Gena
Pyfrom; correct?
A.
Correct.
Q.
And then it has a service address; correct?
A.
Yes.
Q.
Is that service address the same address that we
just went through, 2796 Lakeview Walk?
A.
Yes.
Q.
Decatur, Georgia?
A.
Yes.
Q.
So the addresses for the mailing addresses from the
Georgia Department of Driver Services for Teldrin Foster
matches the Comcast subscriber information address for Gena
Pyfrom?
A.
Correct.
MR. KAUSHAL: I don't have any more questions.
Thank you.
MR. MARSHALL: No questions, Judge.
THE COURT: Any redirect?
MS. WEBSTER: Can I have one second?
(Pause.)
MS. WEBSTER: No further questions, Your Honor.
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 91 of 129
91
Thank you.
THE COURT: All right. Ma'am, you can step down.
Thank you.
Are we ready for your next witness Mr. Dixon?
MS. WEBSTER: Yes, Your Honor.
THE COURT: All right. Ladies and gentlemen of the
jury, it is 11:40. There are some issues that I need to
discuss with counsel about the next witness. I don't think
it's going to take me very long. So what I would like to do
is have that conversation and then bring you back in to hear
the witness's testimony before we have lunch.
As always, what I'm telling you is my best guess.
Things obviously, sometimes, as you have learned, go south of
what I have guessed. But that's my intent.
So take a short break, please.
(Jury withdraws from the courtroom at 11:41 a.m.)
THE COURT: Mr. Berne, hello.
How are you, sir?
MR. BERNE: Good, thank you.
THE COURT: And, Deputy, if you could please bring
out the witness.
You all can be seated.
Counsel, while bringing him out, again, you all --
I'm not sure, Ms. Webster, if it was you or Mr. Marshall or
if it was the government, but someone alerted me to the fact
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 92 of 129
92
that Mr. Dixon may well want counsel to advise him on his
rights before he testified; is that correct?
MS. WEBSTER: Correct, Your Honor.
THE COURT: Was that you, Ms. Webster? I don't
remember who brought it up to me.
MS. WEBSTER: I believe it was us, yes.
THE COURT: Very well. So does everyone agree,
then, that I should let Mr. Dixon know about his rights and
then we should go through with Mr. Berne about what his
client's intent is this morning?
MS. WEBSTER: Yes, Your Honor. And I agree with
that.
We sent the Court some law about when it's proper
to invoke the Fifth Amendment.
THE COURT: I understand. I have seen that. It
seems pretty black-letter.
I assume it's not controversial to the government,
who also got that. But we'll get to that as well.
Good morning, Mr. Dixon.
THE WITNESS: Morning, sir.
THE COURT: I am J.P. Boulee, and I'm the judge in
this case. And as you know, I was the judge in your case as
well.
We have your attorney here.
Good morning, Mr. Berne.
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 93 of 129
93
MR. BERNE: Good morning, Your Honor.
THE COURT: Mr. Dixon, Ms. Webster sought to call
you as a witness in this case, as I think you are aware.
And actually, Ms. Lee, let's swear in the witness,
please.
RICKY DIXON,
Having been first duly sworn, testified as follows:
THE COURT: One moment, everyone.
(Pause.)
THE COURT: And, Mr. Dixon, when Ms. Webster noted
that she intended to call you, we also discussed the fact
that you should be advised of your rights under the Fifth
Amendment, not to incriminate yourself and be appointed
counsel, which we have done.
Do I understand correctly, Mr. Dixon, that you have
had a conversation with your attorney about your rights?
THE WITNESS: Yes, sir.
THE COURT: Okay. Very well.
And Mr. Berne, I believe Ms. Webster alerted us
that your client intends to invoke the Fifth Amendment,
perhaps, for some of the questions he might be asked.
MR. BERNE: Yes, Your Honor.
THE COURT: Okay. And have you had a discussion
with him about which questions, which types of questions you
think might expose him to some liability versus which
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 94 of 129
94
questions might not? For example, what's your name, where
you live-type questions wouldn't, versus, hey, did you lie to
the government when you gave a proffer interview about X, Y,
Z in the PPP fraud claims, which might expose him to
liability?
MR. BERNE: As a hypothetical, yes.
THE COURT: And those were hypotheticals,
absolutely.
And, Ms. Webster, you have noted that you'd sent
some case law over to me and to the government and to
Mr. Marshall.
As I have noted, I think that's pretty
black-letter, the gist of which is he can invoke his right as
to things that will expose him to criminal liability but
can't as to other matters.
And I think the standard from one of the Eleventh
Circuit cases, the Gecas case, 120 F.3d 1419 at 24 from '97
was reasonable, real, and appreciable.
Does everyone agree that's the general state of the
law?
Ms. Webster, you are shaking your head "yes?"
MS. WEBSTER: Yes, Your Honor.
THE COURT: Government? Mr. Marshall?
MR. MARSHALL: That's right, Judge. Yes.
THE COURT: Versus the speculative and remote
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 95 of 129
95
possibilities where such an indication is not correct.
And I will let the government chime in if they
disagree with that at some point.
So really, I think what we need to do is figure out
which questions Mr. Dixon is going to answer versus which
questions he is not going to answer.
There's a couple ways to go about that. One way is
we just bring the jury out, and you ask your questions,
Ms. Webster, and for the ones he does not answer, we can then
go back off the record and I can explore whether or not that
was a proper invocation or not.
Another way is we could just do a dry run of
everything now, while the jury is not out here, and then
bring the jury in afterwards.
I'm happy to do it either way, whatever anybody
thinks is the most efficient.
MS. WEBSTER: Your Honor, we would prefer for it to
happen in front of the jury.
MS. CHAIKEN: Your Honor, we don't think it's
appropriate for that to happen in front of the jury because
at this point we're not aware of any questions that would be
relevant to this case as to which Mr. Dixon would not plead
the Fifth.
So we think the appropriate procedure is to figure
out whether any such questions exist because, otherwise,
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 96 of 129
96
there is no purpose of putting him on the stand just to have
him invoke the Fifth as to the only questions that would be
relevant.
THE COURT: All right.
Officer, please bring out the jury.
MR. BERNE: With the Court's permission, can I
stand with Mr. Dixon?
THE COURT: Yes. Yes, you may.
And if you need to go off the record at any point
and have Ms. Lee put the buzz on so you can consult with your
client about a question, you are welcome to do that.
Obviously, I asked for the jury to be brought in.
I'm going to go with Ms. Webster's method of doing this
versus Ms. Chaiken's preference.
MS. WEBSTER: Thank you, Your Honor.
MR. KAUSHAL: Your Honor, did I hear correctly that
the witness is going to be permitted to consult with his
lawyer during his testimony?
THE COURT: If he's going to -- as to whether or
not he is going to invoke the Fifth, yes.
Is that an issue?
MR. KAUSHAL: I'm not certain if it is, Your Honor.
It seems like once he gets up on the stand, he should not be
getting advised on what to do or not do at that moment.
THE COURT: All right.
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 97 of 129
97
Mr. Berne, do you think you should be allowed to do
that?
MR. BERNE: I think I should be allowed to stand
with the witness. And I say that because seeing cases, other
cases in other proceedings, I can't say trial, but other
proceedings, it's been appropriate and done.
THE COURT: All right. I'll allow it.
(Jury enters the courtroom at 11:50 a.m.)
THE COURT: All right. You can be seated.
Please call your next witness.
MS. WEBSTER: Your Honor, Mr. Foster calls Ricky
Dixon.
THE COURT: All right. Thank you.
Ms. Lee, if you could please reswear Mr. Dixon in
front of the jury.
RICKY DIXON,
Having been first duly sworn, testified as follows:
DIRECT EXAMINATION
BY MS. WEBSTER:
Q.
Good morning, Mr. Dixon. My name is Leigh Ann
Webster. I represent Mr. Foster.
Have we met before today?
A.
No, ma'am.
Q.
Have we met before this moment?
A.
No, ma'am.
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 98 of 129
98
Q.
Okay. And were you a defendant in this case?
A.
Yes, ma'am.
Q.
Okay. And did you enter a guilty plea to
aggravated identity theft and money laundering as part of
this case?
A.
Yes, ma'am.
Q.
Okay. And on June -- January 29 of 2021, did you
participate in a proffer session with the government?
A.
I invoke my Fifth Amendment privilege.
Q.
During that interview, did you claim that you had
contact with Mr. Foster about PPP loans?
A.
I invoke my Fifth Amendment privilege.
Q.
And did you deny having contact with Darrell Thomas
about PPP loans?
MR. MOORE: Objection, Your Honor. This is asked
and answered, and none of the facts that she is stating have
been admitted into evidence, as she is misstating the record.
THE COURT: One moment, Ms. Webster.
Ms. Webster, what's your response to asked and
answered?
You asked: During an interview did you claim that
you had contact with Mr. Foster about PPP loans?
The next question was: Do you deny having contact
with Darrell Thomas?
So I guess, Mr. Moore, I thought she had asked the
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 99 of 129
99
same person, but she actually changed it.
MR. MOORE: She -- well, first of all, he never
answered if he participated in any proffer. So then her next
question, she repeated asking about the proffer that he never
admitted to participating in.
So she is just testifying. He hasn't answered any
of these questions.
THE COURT: Overruled.
MS. WEBSTER: Thank you, Your Honor.
Just to be clear, we object to him invoking the
Fifth. But I didn't know if you wanted me to ask all of my
questions and then we could address that issue?
THE COURT: I do.
MS. WEBSTER: Okay. Thank you, Your Honor.
So -- I'm sorry. I can't remember. Did he invoke
the Fifth as to the -- sorry, as to denying contact with
Darrell Thomas?
THE COURT: I don't think he answered yet. The
objection was lodged before an answer to the question was
given.
MS. WEBSTER: Thank you, Your Honor.
BY MS. WEBSTER:
Q.
Mr. Dixon, did you deny having contact with Darrell
Thomas during that interview about -- on January the 29th of
2021?
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 100 of 129
100
A.
I invoke my privilege.
Q.
Okay. And isn't it true that you actually did have
contact with Darrell Thomas during the PPP loan scheme in
2020?
A.
I invoke my privilege.
Q.
And isn't it not true that you -- it's not true
that you had any contact with Teldrin Foster about those
loans in 2020?
A.
I invoke my privilege.
Q.
Okay. And who told you to identify Teldrin Foster
as the person that you had communicated with during that time
period?
MR. MOORE: Objection, Your Honor. Again, it is --
the question has assumptions based in it that have not been
entered into evidence.
It's just speculation from defense counsel.
THE COURT: Ms. Webster?
MS. WEBSTER: I can rephrase it, Your Honor.
THE COURT: Very well.
BY MS. WEBSTER:
Q.
Did anyone tell you to identify -- improperly
identify Teldrin Foster during that interview?
A.
I invoke my privilege.
Q.
Okay. And did Darrell Thomas tell you to identify
Teldrin Foster during that interview with law enforcement
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 101 of 129
101
officers?
A.
I invoke my privilege.
Q.
Okay. And to be clear, you never had any contact
with Teldrin Foster about these loans; is that right?
A.
I invoke my privilege.
MS. WEBSTER: Your Honor, those are all of our
questions. But again, we object to his invoking the
privilege.
THE COURT: All right.
One moment.
(Pause.)
THE COURT: Mr. Dixon, I'm going to order you to
answer the question on as to whether or not on -- was it June
or January 29, Ms. Webster?
MS. WEBSTER: January.
THE COURT: Of 2021, did you participate in a
proffer session with the government?
Mr. Berne, do you have any -- do you want to tell
me how he is maintaining a Fifth Amendment on whether or not
the proffer session even took place?
MR. BERNE: I would be concerned as far as whether
that opens the door to certain cross-examination questions by
the government.
THE COURT: As to whether even a proffer session
took place? Not any of the other questions, just that first
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 102 of 129
102
question.
MR. BERNE: I don't have a problem with that
specific question.
THE COURT: All right.
Mr. Dixon, I'm going to ask you to answer the
question as to whether or not you engaged in a proffer
session in 2021 with the government.
THE WITNESS: Yes.
THE COURT: All right.
Ladies and gentlemen of the jury, if you would
please step out of the courtroom.
(Jury withdrew from the courtroom at 11:57 a.m.)
THE COURT: You all can be seated.
Ms. Webster, you can take a seat.
I'm going to hear from Mr. Berne as to -- if you
want to go to the podium, Mr. Berne.
MR. BERNE: Your Honor, under the --
THE COURT: Sorry.
Sir, what I want to ask you is, in as much detail
as you can give me, what the grounds are for invoking the
privilege as to those various questions.
Again, I went ahead and ordered him to answer the
question about whether or not a proffer even took place
because I couldn't imagine a scenario in which that, in and
of itself, I thought would be noncontroversial and wouldn't
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 103 of 129
103
have any Fifth Amendment issues.
But as to the other questions asked, I can imagine
how they would have Fifth Amendment concerns, but I want you
to make a record of that so -- see if my suspicions are what
I think they are, and then we'll hear if anyone disagrees.
MR. BERNE: Your Honor, the question that was asked
that was -- initially imposed the Fifth Amendment privilege
that the Court overruled, whether there was a proffer session
conducted with Mr. Dixon and federal agents and prosecutors
on June 29, 2021 --
THE COURT: I'm not worried about that one, but
that --
MR. BERNE: I know, but that's the basis. That's
what leads into what happened that --
THE COURT: Go ahead.
MR. BERNE: -- during that proffer session,
Mr. Dixon provided certain facts to the government that were
related to the questions that the defense attorney asked.
Today, the concern is that those statements that
were made to these federal agents in June of 2021 may be
considered untruthful and that there exists a real
possibility that, because those statements were made within
the statute of limitations, that the government could
investigate and potentially bring a charge against Mr. Dixon
for making a false statement to a government official.
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 104 of 129
104
THE COURT: Does that apply to each of the
questions that Ms. Webster asked?
MR. BERNE: Every one of them.
THE COURT: All right. I'm happy to hear from
anyone on this, but that seems to me to be a reasonable,
real, and appreciable risk, and not something that's merely
remote and speculative.
But I'm happy to hear from anyone who disagrees, if
they would like to make a record to the contrary.
MS. WEBSTER: Yes, Your Honor. Thank you.
To be clear, this information, the fact that false
statements were made during that interview was already known
to the government and has been known to the government since
the day that it happened, because during that same interview,
Agent Stites actually confronted Mr. Dixon and said "These
are false statements and you are lying to us."
So the government has been aware of these, not just
since the day of the plea or since -- as of today, they have
been aware of these since January of 2021.
And Mr. Dixon's plea agreement, which is at
Document 519-1, on page 5, the government specifically says
that the United States Attorney for the Northern District of
Georgia and the Fraud Section of the Department of Justice
agree not to bring further criminal charges against the
defendant related to the charges to which he is pleading
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 105 of 129
105
guilty. And that was dated on August 1 of the 2022.
So at this point, pursuant to the plea agreement,
the government has agreed that they are not going to bring
any additional charges against Mr. Dixon about anything
related to the charges to which he pled guilty.
Making a false statement at the proffer session
where he discussed and debriefed these charges is clearly
prohibited by this plea agreement.
I would also note that Mr. Dixon has been sentenced
already and so, while there is a 2255 pending, the idea that
a statement that contains information that the government has
been aware of since 2021 would be damaging if, in the 2255
proceeding he is somehow granted relief and then he has a new
trial I think is absolutely the sort of remote and
speculative possibilities that the Eleventh Circuit counsels
against in the Gecas case that the Court cited earlier, I
believe.
So I don't think that Mr. Dixon or Mr. Berne have
established that there is a real and appreciable danger of
prosecution in the case, especially given that the government
has been aware of this since, literally, the day that it
happened, the hour that it happened. So I don't think that
it rises to that level.
And just to be clear about what I anticipate the
answers to those questions being is, yes, I participated in a
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 106 of 129
106
proffer; yes, I identified Teldrin Foster; yes, I denied
knowing Darrell Thomas. Those things were not true. And I
identified Teldrin Foster at the direction of Darrell Thomas.
And that is critical to our defense, and I think it
is -- I don't think that Mr. Dixon or Mr. Berne have met
their burden to prove that there is a proper invocation of
the Fifth Amendment.
THE COURT: Let me ask you. I understand the
agreement not to prosecute anything else. That's pretty
routine in the plea agreements in this district. But that
doesn't protect Mr. Dixon from anything he says on the stand
today, does it?
MS. WEBSTER: Yes, Your Honor. But he's not going
to be -- to my knowledge, he's not going to testify falsely.
There is no, there is not going to be a crime
committed based on these -- based on his testimony today.
There is not going to be perjury or false statement.
So the -- for him being prosecuted for the false
statement back in 2021, I don't think is permissible under
the plea agreement.
And Mr. Berne has not suggested that he is going to
testify falsely such that he would be subject to perjury
charges for testifying today.
THE COURT: All right. Let me hear from the
government.
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 107 of 129
107
MS. CHAIKEN: Your Honor, the fact that at the
proffer session Agent Stites believed, based on evidence that
he had seen, that Mr. Dixon was being untruthful and
confronted him about that is not the same as a sworn
confession on the stand by Mr. Dixon that he knowingly lied
to federal agents, which is something we would have to prove
his intent and his knowledge that he was telling a lie.
I don't know that the plea agreement, if we were to
litigate the issue, would preclude a charge as to making a
false statement to a federal officer. I don't think that's
necessarily related to money laundering and aggravated
identity theft, which is what Mr. Dixon pleaded guilty to.
But more importantly, Mr. Dixon is currently
challenging his conviction. He is asking the Court to vacate
his conviction. And if that happens, Mr. Dixon would be
entitled to a new trial, at which point -- or to a trial, at
which point all of this evidence would be admissible against
him.
We could add additional charges. We could seek an
obstruction enhancement at his sentencing and pursue lots of
other avenues based on his statements here today.
THE COURT: All right. Mr. Berne, would you like
to be heard in response to Ms. Webster's statement?
MR. BERNE: No, Your Honor.
THE COURT: All right. I think we might have an
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 108 of 129
108
interesting debate about the clause in the plea agreement
about whether or not he can be prosecuted for it.
But given the 2255 that's pending, I think this
testimony could absolutely expose him to liability. I think
this is the exact opposite of remote and speculative. I
think it's very, very real, reasonable, and appreciable.
So I think it is a proper invocation of Fifth
Amendment rights as to those questions that went to what he
stated before and what his counsel has maintained. There may
be an argument that his answers to those questions were
untruthful.
Is there -- was there going to be any questioning
of this witness by Mr. Marshall or by the government?
MR. MOORE: No from the government, Your Honor.
MR. MARSHALL: Not for Ms. Jackson.
THE COURT: All right.
MS. CHAIKEN: Your Honor, I do just want to add one
thing so it's clear on the record.
Ms. Webster had made some statements about what she
anticipated the testimony would be from Mr. Dixon if he did
not invoke his Fifth Amendment.
To our knowledge, as Ms. Webster elicited, she has
never spoken to Mr. Dixon before. Nobody from her team has
ever spoken to him before -- well, at all before right now.
And so we want to put on the record that what she said about
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 109 of 129
109
what he would say is speculative at this point.
THE COURT: I'm happy for you to make that record.
And, Ms. Webster, you can respond.
What I would really like to do is get the jury out
here. But go ahead, Ms. Webster. Anything else to say on
that?
And you are not required to respond to it. I don't
know if the government is inviting you to make a statement
about your defense strategy, you may or may not want to
respond to it. But it's up to you.
MS. WEBSTER: Your Honor, I'll just say that it's
based on communications that have not happened in this
courtroom.
And I would like to ask the Court to address one
additional question with Mr. Dixon, which would be outside
the context of the "did he lie during a proffer."
But the question would be: At some point did
Darrell Thomas tell you to identify Teldrin Foster?
THE COURT: All right. Mr. Berne, maybe before the
jury comes out, do you want to consult with your client on
that question?
MR. BERNE: Yes, please.
THE COURT: All right.
MS. CHAIKEN: Your Honor, before the jury comes in,
would this also be an appropriate time to do the colloquy
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 110 of 129
110
with Mr. Foster, since it seems the defense has no further
witnesses, about whether he wishes to testify?
THE COURT: Yes. Thank you for that suggestion.
MR. BERNE: Your Honor, to that question that was
posed by Ms. Webster, I believe Mr. Dixon would invoke his
privilege against self-incrimination for the reason that the
question could be followed by cross-examination by the
government.
And certainly, the government is likely to ask
questions about the proffer session at that point to give
context to why Mr. Dixon answered the question the way he
did.
THE COURT: All right.
That would seem to be in line with what we
discussed earlier and proper grounds to invoke his Fifth
Amendment rights.
Ms. Webster, do you want to be heard on that and
make any record to that effect?
I will bring the jury in to let you ask him that
question on the record. But I just want to make the record
of how you feel about the invocation of the Fifth Amendment
before I do so.
MS. WEBSTER: Yes. Your Honor, at that point, with
that specific question, "did Darrell Thomas tell you to
implicate Teldrin Foster," I'm not asking Mr. Dixon to talk
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 111 of 129
111
about his own actions, just to testify about instructions
that he received and, therefore, I don't think it subjects
him to Fifth Amendment -- or to the risk of prosecution.
THE COURT: All right. Ms. Chaiken, would you like
to be heard on that?
MS. CHAIKEN: Your Honor, that question absolutely
implicates the same concerns we have just addressed because,
if he testified that he did receive such an instruction, we
could use that with information that we independently have
from the proffer to show that he made a false statement.
THE COURT: I agree it's a proper invocation of
Fifth Amendment right that's also a reasonable, real, and
appreciable risk, not remote and speculative.
Ms. Webster, are you going to have any further
witnesses after Mr. Dixon?
MS. WEBSTER: No, Your Honor.
THE COURT: Okay.
So do I understand, then, that Mr. Foster has
decided not to testify?
MS. WEBSTER: That's my understanding, Your Honor.
THE COURT: Okay.
Mr. Foster -- well, I'll give you a moment,
Ms. Webster, to discuss that with your client.
MS. WEBSTER: Your Honor, would you be amenable to
allowing us to discuss this with Mr. Foster over the lunch
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 112 of 129
112
break, given the time?
THE COURT: Yes. If you need more time to discuss
that, you can discuss it with him over the lunch break.
MS. WEBSTER: Thank you, Your Honor.
THE COURT: Let me bring the jury in so you can ask
that one additional question of Mr. Dixon, and then we will
break for lunch.
Please bring in the jury, Officer.
(Jury enters the courtroom at 12:13 p.m.)
THE COURT: All right. You all can be seated.
Thank you.
Ms. Webster, did you have an additional question of
the witness?
MS. WEBSTER: Yes, Your Honor. Thank you.
THE COURT: Go ahead.
BY MS. WEBSTER:
Q.
Mr. Dixon, has Darrell Thomas ever told you to
identify Teldrin Foster as being involved in the PPP loan
conspiracies?
A.
I invoke my Fifth Amendment.
MS. WEBSTER: Thank you, Your Honor.
And obviously, we maintain our objection.
THE COURT: All right. Very well.
Do I understand correctly, Ms. Chaiken,
Mr. Marshall, that you have no questions of this witness?
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 113 of 129
113
MS. CHAIKEN: That's correct, Your Honor.
MR. MARSHALL: No questions, Your Honor.
THE COURT: All right.
Thank you, Mr. Berne.
Deputy.
Sir, you can step down. Thank you.
THE WITNESS: Thank you, Your Honor.
(Witness is excused.)
THE COURT: All right. Ladies and gentlemen of the
jury, it's 12:15. Let's take a lunch break until 1:00. You
are reminded of your instruction for breaks.
I hope you enjoy your lunch.
Thank you for being here.
(Jury withdrew from the courtroom at 12:15 p.m.)
THE COURT: All right. We're off the record.
(Off-the-record discussion, and proceedings
continued as follows:)
THE COURT: All right. Hope everyone enjoys their
lunch.
Thank you.
(There was a lunch recess at 12:15 p.m.)
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 114 of 129
114
CERTIFIED STENOGRAPHIC REPORTER'S CERTIFICATE
I, Judith M. Wolff, a stenographic reporter,
Certified Realtime Reporter and Official Court Reporter for
the United States District Court for the Northern District of
Georgia, with offices at Atlanta, do hereby certify:
That I reported on the Stenograph machine the
proceedings held in open court on Tuesday, February 13, 2024,
in the matter of United States of America v. Carla Jackson
and Teldrin Foster, Case No. 1:20-cr-00296-JPB-5-20;
That said proceedings in connection with the
hearing were reduced to typewritten form by me;
And that the foregoing transcript is a true and
accurate record of the proceedings.
This the 13th day of February, 2024.
___________________________
/s/ Judith M. Wolff, RPR, CRR
Official Court Reporter
Tuesday, February 13, 2024 Volume 7 Morning Session
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 115 of 129
BY MR. KAUSHAL: [13] 9/6 11/10
18/12 19/23 57/18 60/20 64/2 64/12
65/4 65/13 66/21 76/16 87/21
BY MR. MARSHALL: [1] 19/12
BY MS. WEBSTER: [30] 2/18 3/24 7/4
7/22 8/21 21/3 21/25 23/21 24/23
25/12 26/18 27/18 30/2 33/13 34/1
34/7 34/22 35/10 37/3 39/8 40/5
41/22 43/23 44/16 45/11 45/22 97/19
99/22 100/20 112/16
MR. BERNE: [16] 91/19 93/1 93/22
94/6 96/6 97/3 101/21 102/2 102/17
103/6 103/13 103/16 104/3 107/24
109/22 110/4
MR. KAUSHAL: [62] 3/20 3/22 5/25
6/21 7/2 7/18 8/13 10/25 11/9 18/10
19/6 19/20 20/14 23/16 25/8 26/9
28/3 28/7 28/10 29/11 29/14 29/22
35/5 36/9 36/14 38/21 39/4 39/14
41/17 41/19 42/20 44/12 45/3 45/6
45/18 47/24 56/15 60/18 63/24 64/10
65/2 65/10 66/17 66/20 75/9 75/13
76/7 77/19 79/4 79/8 80/14 81/12
81/16 82/20 83/16 84/8 85/9 86/10
87/19 90/19 96/16 96/22
MR. MARSHALL: [18] 19/9 20/16 23/17
25/9 26/14 28/22 35/6 36/16 39/15
43/17 56/1 56/20 75/16 75/18 90/21
94/24 108/15 113/2
MR. MOORE: [4] 98/15 99/2 100/13
108/14
MS. CHAIKEN: [12] 50/2 52/15 52/18
53/3 53/6 53/8 95/19 107/1 108/17
109/24 111/6 113/1
MS. DURRETT: [13] 48/20 50/1 50/6
50/14 51/7 51/13 51/18 52/2 54/3
54/10 54/16 55/4 55/8
MS. WEBSTER: [105] 2/13 6/8 6/15
6/20 8/4 8/6 8/20 9/1 9/3 10/22 11/5
19/18 20/15 20/20 23/14 23/20 25/6
25/25 26/4 26/6 26/8 26/17 27/17
28/1 28/5 28/8 28/14 28/19 29/3 30/1
33/9 33/22 34/5 34/20 35/3 36/5
36/12 36/25 38/18 39/3 39/6 40/4
41/18 41/20 42/18 42/23 42/25 43/5
43/21 44/14 45/4 45/7 45/10 45/19
45/21 46/17 46/19 47/4 47/18 48/8
48/16 51/21 51/24 56/11 56/18 56/24
57/7 57/10 57/15 75/11 75/23 76/6
76/11 78/2 78/12 79/14 81/5 83/6
85/23 90/23 90/25 91/5 92/3 92/6
92/11 94/22 95/17 96/15 97/11 99/9
99/14 99/21 100/18 101/6 101/15
104/10 106/13 109/11 110/23 111/16
111/20 111/24 112/4 112/14 112/21
THE COURT: [183]
THE WITNESS: [12] 3/21 3/23 6/3
7/19 7/21 8/9 20/23 21/23 92/20
93/17 102/8 113/7
$
$1,000 [2] 31/19 33/17
$1,380.41 [1] 65/15
$3,000 [1] 31/12
$7,000 [1] 31/12
'
'97 [1] 94/17
/
/s [1] 114/23
1
10 [7] 31/5 31/6 31/12 32/17 33/5
54/21 61/15
10:00 [3] 51/19 52/1 52/2
10:15 [1] 48/13
10:22 [1] 54/11
10:44 [1] 54/12
10:48 [1] 56/6
10A [6] 27/12 28/3 28/4 28/5 28/7
28/10
10B [2] 28/10 60/17
10C [4] 27/12 27/21 28/4 28/11
10D [3] 27/23 28/4 28/11
11 [11] 23/15 25/7 26/1 28/2 44/10
45/1 45/16 45/23 64/4 80/23 85/4
11/13/2018 [2] 79/24 82/17
11/15/2018 [1] 79/24
11/17/2018 [1] 79/25
1146 [1] 65/3
11:19 [1] 78/23
11:34 [1] 87/15
11:40 [1] 91/7
11:41 [1] 91/16
11:50 [1] 97/8
11:57 [1] 102/12
11B [1] 66/15
120 [1] 94/17
12:13 [1] 112/9
12:15 [3] 113/10 113/14 113/22
13 [2] 1/12 114/10
1317 [1] 1/24
13B [2] 25/2 25/6
13th [1] 114/20
14 [2] 44/11 46/7
1419 [1] 94/17
15 [5] 30/18 31/13 33/14 40/21 54/24
15th [1] 31/21
164 [2] 35/17 36/18
164F [2] 38/1 39/18
165 [2] 35/17 36/19
165B [2] 38/2 39/18
166 [2] 35/17 36/19
166B [2] 38/2 39/18
19 [2] 84/21 85/2
1914 [1] 1/23
1980 [1] 25/14
19th [1] 86/7
1:00 [1] 113/10
1:20-CR-00296-JPB-5-20 [2] 1/5
114/12
1:25 [4] 73/11 73/17 73/22 74/4
1A [1] 23/1
1st [1] 31/20
2
20 [3] 1/5 41/13 114/12
2018 [17] 3/10 9/14 9/16 11/2 11/12
13/21 18/16 19/1 79/24 79/24 79/25
82/17 82/23 83/4 85/4 87/5 87/11
2020 [53] 3/11 4/17 9/20 10/16 13/2
13/3 13/3 13/5 13/6 13/18 13/20
13/21 14/15 14/18 18/25 19/1 24/15
30/18 31/1 31/3 31/5 31/14 32/17
33/5 33/14 40/19 40/22 41/10 41/14
43/10 44/10 44/11 46/7 61/12 64/23
65/7 65/7 65/15 65/17 66/6 67/3 68/5
68/7 73/8 73/15 73/24 74/4 86/1 86/4
86/5 86/21 100/4 100/8
2021 [18] 68/4 84/17 84/22 84/23
85/1 85/2 85/6 85/8 86/7 98/7 99/25
101/16 102/7 103/10 103/20 104/19
105/12 106/19
2022 [2] 14/19 105/1
2023 [6] 14/18 25/14 67/2 85/10
85/25 86/3
2024 [3] 1/12 114/10 114/20
21 [2] 66/1 84/24
214B [2] 38/2 39/18
215-1317 [1] 1/24
22 [1] 65/17
2242 [1] 33/22
2255 [5] 49/7 53/6 105/10 105/12
108/3
226 [2] 35/18 36/19
2300 [1] 41/21
231 [2] 35/18 36/19
24 [8] 34/13 40/19 41/10 73/8 73/15
73/24 74/4 94/17
243 [2] 35/18 36/19
248 [2] 35/18 36/19
26 [2] 31/3 64/23
266 [2] 35/18 36/19
266C [2] 38/2 39/18
266D [2] 38/2 39/18
268 [2] 35/18 36/19
268J [2] 38/2 39/18
269J [2] 38/2 39/18
269K [2] 38/2 39/19
27 [1] 67/2
270I [2] 38/2 39/19
270J [2] 38/2 39/19
272E [2] 38/3 39/19
273 [2] 35/19 36/20
273J [2] 38/3 39/19
2756 [1] 88/8
276 [2] 35/19 36/20
276H [2] 38/3 39/19
276I [2] 38/3 39/19
278 [2] 35/19 36/20
278K [2] 38/3 39/19
279 [2] 35/19 36/20
2796 [6] 25/18 81/19 86/15 88/17
88/25 90/10
279J [2] 38/3 39/20
279K [2] 38/3 39/20
28 [1] 31/1
281 [2] 35/20 36/20
281J [2] 38/3 39/20
281K [3] 38/4 39/20 40/8
282L [2] 38/4 39/20
282M [2] 38/4 39/20
283 [2] 35/20 36/20
283J [2] 38/4 39/20
2879 [2] 64/11 64/13
29 [3] 98/7 101/14 103/10
290 [2] 35/20 36/20
290J [2] 38/4 39/20
291 [2] 35/20 36/20
291L [2] 38/4 39/20
293 [3] 35/20 36/20 73/12
293J [4] 38/4 39/21 41/18 73/9
2941 [2] 33/10 63/23
2942 [2] 33/24 64/9
299 [2] 35/20 36/21
299L [2] 38/5 39/21
29th [1] 99/24
3
302 [2] 35/20 36/21
302H [2] 38/5 39/21
30303-3361 [1] 1/24
303K [2] 38/5 39/21
304 [2] 35/21 36/21
304I [2] 38/5 39/21
31 [2] 65/7 84/23
311 [2] 35/21 36/21
311K [2] 38/5 39/22
312J [2] 38/5 39/22
313J [2] 38/6 39/22
314 [2] 35/21 36/21
314K [2] 38/6 39/22
317 [2] 35/22 36/21
317K [2] 38/6 39/22
318 [2] 35/22 36/21
318K [2] 38/6 39/23
318L [2] 38/6 39/23
330J [2] 38/6 39/23
331K [2] 38/7 39/23
334K [2] 38/7 39/23
335I [2] 38/7 39/23
3361 [1] 1/24
336K [2] 38/7 39/24
340O [2] 38/7 39/24
340P [2] 38/8 39/24
340Q [2] 38/8 39/24
344K [2] 38/8 39/24
345K [2] 38/8 39/24
346J [3] 38/8 38/9 39/25
347F [2] 38/9 39/25
347G [2] 38/9 39/25
348K [2] 38/9 39/25
349L [2] 38/9 39/25
351K [2] 38/9 39/25
352J [3] 38/10 38/10 40/1
355K [2] 38/10 40/1
359K [2] 38/10 40/1
360K [2] 38/11 40/1
361K [2] 38/11 40/1
362C [2] 38/11 40/1
363G [2] 38/11 40/2
363I [2] 38/11 40/2
364C [2] 38/12 40/2
365H [2] 38/12 40/2
367J [2] 38/12 40/2
115
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 116 of 129
3
368B [2] 38/12 40/3
372C [2] 38/12 40/3
372D [2] 38/12 40/3
373 [2] 35/25 36/24
4
403 [13] 35/25 36/13 36/24 37/2
78/18 79/13 80/7 81/10 83/1 84/15
87/3 87/9 87/11
403A [4] 35/25 36/24 56/18 56/22
403B [2] 56/18 56/22
404 [1] 1/24
435 [1] 41/21
5
5-year-old [1] 18/22
5/21 [1] 66/1
5/22/2020 [1] 65/15
50 [1] 10/12
50-50 [1] 10/12
5000 [5] 75/1 75/10 87/19 87/20
87/23
519-1 [1] 104/21
6
6/29/21 [1] 84/24
60 [1] 43/7
61 [1] 43/8
62 [2] 43/6 43/8
63 [2] 43/6 43/8
6:40 [1] 45/1
7
75 [1] 1/23
7:00 [2] 45/16 45/23
7:08 [1] 46/8
8
804 [1] 50/9
9
90 [2] 1/7 16/24
902 [5] 23/15 25/7 26/1 28/2 80/23
9:04 [2] 2/2 2/9
A
a.m [15] 2/2 2/9 48/13 54/11 54/12
56/6 73/11 73/17 73/22 74/4 78/23
87/15 91/16 97/8 102/12
ability [1] 82/9
able [5] 20/9 47/17 49/13 50/9 56/13
about [78] 4/6 4/23 6/23 8/14 8/14
11/3 11/6 12/25 13/24 14/18 15/13
18/16 19/4 20/11 30/3 46/23 49/23
50/10 52/7 53/1 53/9 53/23 54/2 56/9
59/7 59/10 60/21 63/6 63/17 64/25
66/19 66/22 67/5 67/15 67/17 69/19
70/3 70/8 72/11 72/21 76/20 80/17
83/22 85/17 85/23 86/4 89/18 91/8
92/8 92/9 92/13 93/16 93/24 94/3
95/7 96/11 98/11 98/14 98/22 99/4
99/24 100/7 101/4 102/23 103/11
105/4 105/24 107/4 108/1 108/2
108/19 108/25 109/9 110/2 110/10
110/21 111/1 111/1
absence [2] 59/23 60/4
absolutely [5] 62/23 94/8 105/14
108/4 111/6
abundance [1] 87/10
access [4] 6/10 16/5 68/8 68/22
accessed [3] 42/21 67/22 67/23
accommodate [1] 52/4
according [1] 23/25
account [13] 29/5 29/6 29/7 30/10
30/13 30/20 32/2 32/6 32/20 32/22
33/3 33/20 34/9
accounts [1] 29/20
accurate [2] 42/15 114/18
actions [1] 111/1
activities [2] 83/22 84/25
activity [1] 25/5
actually [14] 4/16 5/1 5/7 7/17 29/6
42/1 56/2 64/11 78/18 89/24 93/4
99/1 100/2 104/15
add [2] 107/19 108/17
added [1] 28/6
additional [8] 29/7 56/12 86/7 105/4
107/19 109/15 112/6 112/12
address [44] 6/6 8/2 25/18 26/23
27/4 27/4 27/6 47/7 47/15 75/14 80/6
81/22 81/24 81/25 82/2 82/24 83/4
83/18 83/18 83/25 84/1 85/11 85/14
86/14 86/15 86/17 88/6 88/8 88/11
88/14 88/17 88/21 89/1 89/7 89/10
89/13 89/16 89/23 90/7 90/9 90/9
90/16 99/12 109/14
addressed [1] 111/7
addresses [7] 24/11 24/15 24/24
77/22 83/6 90/14 90/14
admissible [2] 86/7 107/17
admit [16] 23/14 25/6 25/25 28/1
35/4 36/5 38/18 42/18 56/12 56/13
56/17 75/9 77/20 80/9 81/1 87/13
admitted [33] 23/18 23/19 25/10
25/11 26/15 26/16 28/23 28/24 29/23
29/24 35/7 35/9 35/11 36/17 36/24
39/16 40/3 43/14 43/18 43/20 45/7
56/21 56/22 56/25 57/2 57/10 57/12
57/14 81/23 87/18 87/20 98/17 99/5
admitting [1] 79/15
adverse [1] 51/1
advise [2] 55/11 92/1
advised [2] 93/12 96/24
after [10] 1/11 47/7 47/11 51/23
53/21 54/17 64/6 66/2 67/3 111/15
afterwards [1] 95/14
again [14] 8/13 8/17 26/2 37/1 39/7
45/3 53/19 65/11 66/18 77/20 91/23
100/13 101/7 102/22
against [8] 52/21 52/25 103/24
104/24 105/4 105/16 107/17 110/6
Agent [2] 104/15 107/2
agents [3] 103/9 103/20 107/6
aggravated [2] 98/4 107/11
ago [2] 31/24 32/19
agree [7] 82/7 83/6 92/7 92/11 94/19
104/24 111/11
agreed [1] 105/3
agreement [7] 104/20 105/2 105/8
106/9 106/20 107/8 108/1
agreements [1] 106/10
ahead [13] 6/19 8/12 24/22 43/4 45/9
48/3 53/7 78/11 81/11 102/22 103/15
109/5 112/15
AI [1] 1/18
alerted [3] 53/19 91/25 93/19
all [106] 2/7 2/7 2/10 2/11 2/25
8/16 9/10 10/8 10/9 13/8 17/10 18/7
20/6 21/15 22/17 24/5 27/21 27/22
27/23 29/2 35/1 35/12 36/1 36/3 36/7
36/17 38/13 38/14 40/6 41/2 43/8
43/12 48/1 48/10 48/14 48/18 53/19
54/4 54/13 55/21 55/24 56/7 56/17
57/4 58/3 58/4 58/6 58/7 58/13 60/21
61/4 62/13 62/25 63/22 66/18 70/8
73/12 75/21 78/21 79/10 79/10 79/12
79/25 83/8 83/11 84/5 85/22 86/19
87/12 87/16 87/16 88/1 91/2 91/6
91/22 91/23 96/4 96/25 97/7 97/9
97/13 99/2 99/11 101/6 101/9 102/4
102/9 102/13 104/4 106/24 107/17
107/22 107/25 108/16 108/24 109/19
109/23 110/13 111/4 112/10 112/10
112/23 113/3 113/9 113/15 113/18
allow [2] 44/18 97/7
allowed [2] 97/1 97/3
allowing [1] 111/25
already [5] 50/11 50/12 81/21 104/12
105/10
also [38] 2/22 14/12 24/24 25/6
25/17 26/1 28/2 31/13 31/20 32/22
32/25 33/5 33/7 34/2 52/18 57/2 66/6
69/16 73/9 73/13 74/7 74/10 76/1
77/21 78/6 78/17 78/24 79/20 82/2
82/11 83/7 83/7 88/21 92/18 93/11
105/9 109/25 111/12
although [1] 22/23
always [4] 13/11 14/8 54/24 91/12
am [5] 1/5 8/5 8/7 8/8 92/21
amenable [2] 47/5 111/24
Amendment [20] 50/8 52/9 52/22 92/14
93/13 93/20 98/9 98/12 101/19 103/1
103/3 103/7 106/7 108/8 108/21
110/16 110/21 111/3 111/12 112/20
AMERICA [6] 1/4 27/20 27/24 28/15
29/4 114/11
amount [1] 31/10
Ann [2] 1/19 97/20
anonymous [1] 70/8
another [6] 29/7 31/14 37/23 49/2
69/10 95/12
answer [12] 4/22 6/1 8/15 50/4 60/13
95/5 95/6 95/9 99/19 101/13 102/5
102/22
answered [6] 98/16 98/20 99/3 99/6
99/18 110/11
answers [3] 55/18 105/25 108/10
anticipate [2] 50/17 105/24
anticipated [1] 108/20
any [48] 1/13 6/5 19/7 19/19 24/14
28/21 29/16 29/18 31/24 44/4 45/12
46/2 46/12 46/13 49/18 53/24 55/10
58/16 59/11 59/11 59/23 60/14 61/19
62/4 67/19 68/18 69/25 71/24 81/3
82/14 85/7 87/1 90/19 90/22 95/21
95/25 96/9 99/3 99/6 100/7 101/3
101/18 101/25 103/1 105/4 108/12
110/18 111/14
anybody [2] 18/4 95/15
anymore [1] 60/6
anyone [7] 55/1 57/12 78/13 100/21
103/5 104/5 104/8
anything [20] 12/7 29/21 46/10 49/22
52/4 52/6 52/11 53/21 54/5 54/15
76/4 79/25 80/17 83/5 85/22 86/9
105/4 106/9 106/11 109/5
anyway [2] 51/6 87/9
apologies [2] 26/12 68/5
apologize [3] 49/16 81/13 81/17
appear [3] 32/20 33/7 33/19
appearance [1] 80/3
Appearances [1] 1/15
appears [1] 60/16
Apple [3] 24/8 59/8 59/16
applications [1] 83/8
apply [2] 83/12 104/1
appoint [1] 51/2
appointed [2] 48/22 93/13
appreciable [5] 94/18 104/6 105/19
108/6 111/13
appreciate [1] 56/4
approach [1] 66/17
appropriate [4] 95/20 95/24 97/6
109/25
April [7] 24/15 40/19 41/10 73/8
73/15 73/24 74/4
are [108] 1/12 2/7 3/12 4/3 5/4 6/14
7/23 10/7 17/23 20/11 20/23 21/12
22/4 22/24 23/24 23/25 24/2 24/19
27/19 27/21 27/21 27/23 28/14 28/23
29/3 29/15 29/16 29/17 31/5 31/8
34/21 35/7 36/17 37/4 37/7 37/18
37/24 38/15 39/10 39/11 39/13 42/10
42/14 42/15 43/13 44/4 44/10 48/3
48/19 49/7 49/24 50/2 50/3 54/14
54/25 55/9 56/8 56/17 59/15 59/16
61/1 61/15 61/18 62/4 63/9 63/12
63/12 69/4 69/4 69/6 69/23 70/8
70/12 72/11 74/18 75/7 75/8 76/1
76/20 76/25 77/8 77/12 77/22 78/17
78/18 79/21 82/23 83/8 84/17 86/1
86/1 89/4 91/4 91/7 91/18 93/3 94/21
96/11 101/6 102/20 103/4 103/5
104/16 104/16 105/3 109/7 111/14
113/11
area [2] 72/25 73/3
aren't [1] 29/10
arguably [1] 86/20
argument [2] 87/9 108/10
around [5] 13/11 14/19 52/16 52/22
65/21
arrive [1] 56/3
ask [30] 7/25 8/17 9/11 22/12 39/1
47/3 47/16 47/17 50/19 55/13 55/19
57/23 62/13 62/16 62/18 62/21 63/1
67/16 72/1 83/14 85/7 95/8 99/11
102/5 102/19 106/8 109/14 110/9
110/19 112/5
116
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 117 of 129
A
asked [15] 22/20 51/1 53/19 62/24
66/22 93/21 96/12 98/15 98/19 98/21
98/25 103/2 103/6 103/18 104/2
asking [8] 8/3 22/4 47/19 53/9 53/12
99/4 107/14 110/25
asks [2] 6/22 47/24
assert [1] 50/8
asserts [1] 50/7
associated [2] 39/11 71/8
assume [5] 17/7 17/8 43/15 52/6
92/17
assumed [1] 15/8
assuming [2] 52/9 69/8
assumptions [2] 52/7 100/14
ATLANTA [3] 1/2 1/24 114/7
attached [1] 1/9
attaching [1] 1/12
attention [2] 65/6 72/24
attorney [7] 7/25 50/16 51/11 92/24
93/16 103/18 104/22
August [4] 24/15 68/4 68/7 105/1
authenticate [1] 80/18
authenticating [2] 80/15 80/19
authentication [1] 71/25
author [8] 40/12 40/13 41/2 41/6
71/13 71/22 71/24 72/6
authorized [1] 50/2
auto [1] 41/24
available [5] 46/14 58/8 60/23 62/7
77/16
avenues [1] 107/21
avoid [1] 82/6
aware [12] 4/3 18/6 23/24 59/15
61/25 69/4 93/3 95/21 104/17 104/19
105/12 105/21
away [3] 60/23 82/5 82/9
B
Babasijibomi [1] 1/17
back [23] 9/14 12/19 12/21 13/8 29/1
30/8 49/3 54/7 54/15 54/23 54/23
57/2 59/25 62/12 66/9 68/4 68/9 80/4
85/16 87/12 91/10 95/10 106/19
balance [2] 30/24 31/2
ballpark [1] 10/9
banana [3] 28/11 61/5 89/19
bank [7] 27/20 27/24 28/14 29/4
58/13 64/18 65/5
bars [1] 10/4
based [13] 19/21 34/16 55/18 78/18
79/5 86/10 86/21 100/14 106/16
106/16 107/2 107/21 109/12
basically [1] 19/3
basing [1] 70/12
basis [1] 103/13
be [103] 1/5 1/6 2/10 3/18 4/1 4/23
6/22 10/10 13/12 14/11 14/18 17/3
17/15 21/12 22/19 22/23 23/1 29/17
32/20 33/7 33/19 34/17 47/10 47/17
48/6 48/8 48/14 48/15 49/2 49/13
50/9 52/3 52/20 52/24 53/4 53/9
54/13 54/16 54/17 56/7 56/14 70/4
71/11 71/12 71/17 74/15 74/22 77/9
79/6 79/10 79/12 80/7 82/21 84/4
85/15 85/23 86/16 86/17 87/8 87/9
87/16 91/22 93/12 93/13 93/21 95/21
96/2 96/12 96/17 96/23 97/1 97/3
97/9 99/10 101/3 101/21 102/13
102/25 103/20 104/5 104/11 105/12
105/24 106/14 106/15 106/17 106/22
107/15 107/17 107/23 108/2 108/10
108/12 108/20 109/15 109/17 109/25
110/7 110/14 110/17 111/5 111/24
112/10
because [34] 4/6 7/16 12/23 13/10
15/2 15/23 17/5 18/3 20/4 20/5 29/17
29/18 48/17 49/6 49/13 52/6 57/3
60/8 62/6 67/15 72/18 77/19 77/22
79/20 85/3 85/9 86/1 95/20 95/25
97/4 102/24 103/22 104/14 111/7
been [40] 2/16 3/8 3/10 5/20 12/13
13/22 14/13 14/15 21/1 29/15 37/18
45/7 48/22 52/12 53/4 56/10 58/22
60/6 60/8 65/21 69/1 69/5 70/2 74/16
74/25 78/15 78/16 86/12 86/23 93/7
97/6 97/17 98/17 100/14 104/13
104/17 104/19 105/9 105/12 105/21
before [30] 1/11 9/7 10/20 11/13
23/8 27/14 50/21 52/12 54/15 56/25
57/19 57/25 64/14 64/24 66/6 77/3
78/3 85/3 91/11 92/2 97/22 97/24
99/19 108/9 108/23 108/24 108/24
109/19 109/24 110/22
began [1] 13/19
Beginning [1] 30/24
behalf [5] 22/6 22/7 22/9 22/15
48/25
being [10] 6/8 12/25 15/9 74/14
75/24 105/25 106/18 107/3 112/18
113/13
believe [14] 7/9 7/10 7/14 29/6
35/13 55/12 66/15 82/4 84/1 89/19
92/6 93/19 105/17 110/5
believed [1] 107/2
Bellator [2] 31/9 64/18
below [2] 86/13 88/14
Berne [26] 48/22 48/24 51/12 51/14
51/17 52/6 53/17 53/22 53/22 54/8
55/9 55/11 91/17 92/9 92/25 93/19
97/1 101/18 102/15 102/16 105/18
106/5 106/21 107/22 109/19 113/4
best [2] 48/8 91/12
better [2] 62/16 72/1
between [5] 24/15 25/14 68/7 69/5
85/18
beyond [7] 10/22 27/7 27/9 59/14
83/20 85/20 86/5
big [1] 70/19
bill [2] 20/9 20/10
binder [1] 22/23
binders [1] 22/24
bit [4] 5/3 14/14 67/5 73/1
black [5] 10/17 10/18 10/19 92/16
94/13
black-letter [2] 92/16 94/13
Blakely [1] 12/11
blank [1] 44/5
blue [1] 31/2
blurry [1] 40/18
both [6] 7/25 14/10 31/8 31/10 38/19
75/13
bottom [1] 71/15
BOULEE [2] 1/11 92/21
boyfriend [1] 15/3
break [15] 47/1 47/7 47/23 47/25
48/3 54/7 55/14 56/15 56/25 80/22
91/15 112/1 112/3 112/7 113/10
breaks [2] 48/4 113/11
bridge [1] 54/1
brief [1] 56/14
bring [16] 2/8 54/14 54/23 55/22
87/12 91/10 91/20 95/8 95/14 96/5
103/24 104/24 105/3 110/19 112/5
112/8
bringing [1] 91/23
brought [6] 48/21 50/15 84/2 86/18
92/5 96/12
brung [1] 17/21
building [1] 56/2
bullet [1] 70/9
burden [1] 106/6
buzz [1] 96/10
C
C-H-R-I-S [1] 3/2
call [12] 2/11 4/20 4/21 4/22 14/9
16/16 20/19 50/7 52/25 93/2 93/11
97/10
called [4] 2/2 13/25 16/20 71/6
calling [2] 13/24 84/2
calls [4] 2/13 16/21 20/20 97/11
came [5] 18/23 48/17 49/11 49/14
68/11
camera [1] 12/15
can [106] 2/19 2/24 4/18 4/25 7/6
8/1 8/7 9/1 14/10 14/10 20/5 20/8
20/17 21/4 21/7 21/21 23/10 24/17
25/4 25/20 27/11 27/11 27/19 28/17
29/17 30/12 30/22 31/5 31/10 32/12
33/11 34/5 37/24 39/4 39/7 40/11
40/14 40/17 41/20 42/24 44/14 47/2
47/3 47/12 48/14 48/15 52/15 52/17
54/1 54/13 56/7 60/18 63/24 64/10
64/16 64/16 65/23 65/24 66/18 70/4
70/22 71/11 71/12 71/17 71/18 71/21
71/22 72/14 73/5 73/10 73/14 74/1
75/4 76/14 78/24 79/10 80/2 80/20
82/5 83/1 85/4 87/13 87/16 87/24
87/25 89/23 90/23 91/2 91/22 94/13
95/9 95/10 96/6 96/10 97/9 100/18
102/13 102/14 102/20 103/2 108/2
109/3 112/3 112/5 112/10 113/6
can't [10] 12/6 15/1 20/6 21/17
49/22 52/22 82/7 94/15 97/5 99/15
car [8] 17/11 17/15 17/16 17/17
17/21 18/1 18/4 18/7
card [8] 12/3 27/20 29/15 30/12
31/24 31/25 32/18 34/18
cards [2] 11/20 11/25
CARLA [2] 1/6 114/11
carries [1] 17/5
case [43] 9/12 21/10 21/16 21/19
22/2 22/13 22/21 24/9 42/22 48/25
52/25 55/14 57/23 58/5 58/8 58/11
58/14 58/24 62/7 62/24 62/24 68/1
68/4 68/9 69/6 72/11 76/18 77/23
81/20 82/5 84/17 85/1 92/22 92/22
93/3 94/10 94/17 95/22 98/1 98/5
105/16 105/20 114/12
cases [3] 94/17 97/4 97/5
cash [4] 11/22 12/3 34/14 34/16
CashApp [12] 11/13 11/15 11/16 11/17
12/1 12/2 12/5 12/6 65/15 65/24
65/25 66/1
caution [1] 87/10
cellphone [1] 16/14
certain [5] 62/24 74/21 96/22 101/22
103/17
certainly [3] 49/21 85/4 110/9
CERTIFICATE [1] 114/2
certification [6] 23/15 25/7 26/1
28/2 35/4 36/6
certified [4] 1/19 23/11 114/2 114/5
certify [1] 114/7
Chaiken [5] 1/16 52/13 53/7 111/4
112/24
Chaiken's [1] 96/14
challenging [2] 53/3 107/14
change [2] 15/23 80/24
changed [5] 16/1 16/2 71/17 72/16
99/1
changing [1] 15/24
charge [2] 103/24 107/9
charged [1] 86/1
charges [8] 53/10 104/24 104/25
105/4 105/5 105/7 106/23 107/19
chase [1] 54/25
cheaper [1] 20/9
cheating [1] 14/10
check [3] 64/18 64/20 64/22
Chief [1] 82/5
child [1] 18/22
children [2] 19/3 20/7
chime [1] 95/2
Chris [1] 2/21
Circuit [2] 94/17 105/15
cite [1] 1/9
cited [1] 105/16
claim [2] 98/10 98/21
claims [1] 94/4
clarify [2] 8/17 39/1
clause [1] 108/1
clear [12] 8/5 8/7 8/8 21/12 22/19
57/5 85/23 99/10 101/3 104/11 105/24
108/18
cleared [1] 64/18
clearly [1] 105/7
click [5] 42/1 42/12 44/21 68/13
68/14
clicked [1] 68/11
client [7] 53/23 54/9 55/11 93/20
96/11 109/20 111/23
client's [1] 92/10
CM [2] 1/5 1/6
CM/ECF [2] 1/5 1/6
code [10] 4/24 14/3 14/9 15/22 15/24
16/1 16/3 16/6 16/6 16/10
collecting [1] 22/7
117
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 118 of 129
C
colloquy [1] 109/25
colorable [1] 87/9
Comcast [14] 25/17 25/23 26/20 59/8
59/21 66/11 66/12 81/22 85/9 85/13
85/24 89/18 90/2 90/16
come [5] 51/10 54/2 54/7 80/12 86/22
comes [3] 54/15 109/20 109/24
comfort [1] 54/7
coming [3] 7/10 7/11 7/14
comment [1] 28/12
committed [1] 106/16
communicated [6] 4/7 16/12 16/13
16/14 62/17 100/11
communications [2] 8/23 109/12
comparing [1] 32/18
complete [1] 57/3
completely [1] 68/24
computer [1] 43/22
concept [1] 74/18
concern [2] 82/24 103/19
concerned [2] 81/10 101/21
concerns [3] 83/2 103/3 111/7
conduct [1] 62/23
conducted [3] 58/4 62/21 103/9
confession [1] 107/5
confronted [2] 104/15 107/4
connection [6] 6/21 81/19 81/25
83/24 85/17 114/14
connections [1] 82/1
consent [4] 47/10 83/15 84/13 87/4
consented [1] 87/6
consents [1] 47/20
considered [1] 103/21
consistent [3] 8/23 74/14 74/22
conspiracies [1] 112/19
conspiracy [3] 80/1 83/20 85/21
constitutional [1] 49/22
consult [4] 53/21 96/10 96/17 109/20
Consulting [5] 29/5 31/17 32/7 32/23
34/3
contact [9] 98/11 98/13 98/22 98/23
99/16 99/23 100/3 100/7 101/3
contained [3] 7/5 39/11 77/9
contains [1] 105/11
contents [1] 8/18
context [6] 15/9 16/4 19/2 79/6
109/16 110/11
continue [1] 87/13
continued [6] 2/6 9/16 24/21 54/12
85/11 113/17
continues [2] 84/1 86/17
continuing [1] 85/19
contrary [1] 104/9
control [1] 49/18
controversial [1] 92/17
conversation [4] 50/18 53/24 91/10
93/16
conviction [4] 53/3 82/6 107/14
107/15
copies [1] 42/15
copy [6] 23/11 42/24 67/10 72/2 79/2
79/7
corner [2] 65/6 71/15
corporation [1] 23/12
correct [101] 9/14 9/15 9/17 9/18
9/21 9/22 9/24 9/25 10/1 10/2 10/3
10/5 10/7 16/7 16/14 16/18 16/19
18/19 22/8 22/16 25/15 26/19 26/20
28/8 39/3 41/12 44/3 51/13 57/11
58/11 58/12 58/14 58/15 58/17 58/18
58/24 58/25 59/13 59/16 59/17 59/21
59/25 60/1 60/7 60/15 61/16 61/23
62/3 62/5 62/8 63/3 63/4 64/3 64/7
64/25 65/1 65/18 65/22 66/7 66/8
67/3 67/4 67/20 67/21 68/16 69/3
70/3 70/14 70/15 71/4 71/5 71/11
71/23 72/7 72/8 72/16 72/17 74/24
76/21 76/22 77/1 88/3 88/4 88/12
88/18 88/19 89/4 89/5 89/7 89/10
89/13 89/16 89/17 90/5 90/6 90/7
90/18 92/2 92/3 95/1 113/1
correctly [3] 93/15 96/16 112/24
corroborate [1] 6/15
could [28] 3/20 6/5 18/10 23/3 33/22
43/21 47/7 47/7 52/21 52/24 53/9
60/15 69/13 69/15 69/16 69/17 70/2
74/15 91/20 95/12 97/14 99/12 103/23
107/19 107/19 108/4 110/7 111/9
couldn't [1] 102/24
counsel [14] 51/2 53/20 53/20 53/21
55/3 55/4 62/17 66/11 91/8 91/23
92/1 93/14 100/16 108/9
counsels [1] 105/15
counter [2] 64/3 64/5
couple [6] 5/1 18/13 19/20 82/19
84/14 95/7
course [5] 11/21 12/3 16/2 82/25
84/12
court [27] 1/6 1/11 1/13 1/17 1/19
1/1 1/11 1/22 1/22 2/2 28/19 42/25
48/21 49/11 51/10 52/23 79/9 86/11
92/13 103/8 105/16 107/14 109/14
114/5 114/6 114/10 114/24
Court's [2] 84/18 96/6
Courthouse [1] 1/23
courtroom [19] 2/9 48/11 48/12 48/13
49/2 56/6 66/19 78/23 78/25 79/1
87/14 87/15 91/16 97/8 102/11 102/12
109/13 112/9 113/14
cover [1] 70/18
covered [1] 58/20
covering [1] 30/6
covers [1] 30/23
cr [2] 1/5 114/12
create [2] 72/9 74/18
created [12] 40/17 41/10 71/9 73/5
73/10 73/14 73/16 73/20 73/23 74/1
74/11 74/21
creates [1] 72/12
creating [1] 83/11
creation [2] 74/13 74/23
credit [3] 11/19 64/3 64/5
crime [1] 106/15
criminal [3] 55/18 94/14 104/24
critical [1] 106/4
cross [12] 9/5 18/18 46/22 47/6
48/17 54/5 54/20 55/23 56/10 57/17
101/22 110/7
cross-examination [6] 9/5 18/18
55/23 57/17 101/22 110/7
CRR [2] 1/22 114/23
current [2] 54/5 54/20
currently [2] 3/7 107/13
custodian [2] 35/4 36/6
cutting [1] 54/25
D
damaging [1] 105/12
danger [1] 105/19
Darrell [13] 12/9 24/2 98/13 98/24
99/17 99/23 100/3 100/24 106/2 106/3
109/18 110/24 112/17
date [36] 3/7 17/19 18/5 18/8 30/13
31/2 32/13 46/6 60/5 62/9 64/6 64/22
64/24 64/24 65/7 65/17 65/19 66/6
66/22 66/25 68/2 73/5 73/10 73/14
73/16 73/23 74/1 74/3 74/7 74/11
74/14 74/23 82/17 84/21 84/23 84/24
dated [3] 31/4 86/3 105/1
dates [13] 30/23 61/12 61/15 61/18
61/21 66/23 69/23 72/25 73/3 82/18
85/2 86/1 89/4
dating [3] 3/7 15/3 15/4
David [1] 1/18
day [6] 7/17 29/8 104/14 104/18
105/21 114/20
days [4] 1/7 59/25 80/5 82/19
dead [1] 53/16
deal [1] 47/23
dealing [1] 84/5
dealings [1] 19/2
debate [1] 108/1
debit [1] 11/19
debriefed [1] 105/7
Decatur [6] 25/18 86/15 88/9 88/18
88/25 90/12
December [1] 67/2
decided [3] 51/2 53/20 111/19
decreases [1] 86/20
deeply [1] 80/24
defendant [20] 1/18 1/19 9/13 9/21
10/2 10/17 10/25 11/2 14/21 16/12
18/15 19/24 20/12 59/2 76/17 83/17
85/13 85/18 98/1 104/25
defendant's [19] 14/4 22/25 23/3
23/19 25/11 26/16 28/24 29/24 36/18
39/17 42/19 43/19 56/18 56/22 57/13
77/21 81/19 81/25 83/22
defendants [3] 1/8 69/6 76/18
Defendants' [1] 35/8
defense [15] 2/11 29/18 39/1 56/1
60/17 62/17 66/11 76/8 81/21 82/5
100/16 103/18 106/4 109/9 110/1
definitely [1] 47/17
delay [1] 26/12
delivered [1] 17/3
denied [2] 78/13 106/1
deny [3] 98/13 98/23 99/23
denying [1] 99/16
Department [5] 31/21 75/5 76/25
90/15 104/23
deposit [4] 29/6 31/7 31/13 33/11
deposits [5] 31/4 31/5 31/11 31/21
61/8
Deputy [2] 91/20 113/5
describe [1] 4/18
described [2] 76/8 76/9
desk [1] 23/2
detail [2] 29/9 102/19
device [2] 6/17 7/7
devices [1] 4/11
did [83] 5/7 7/6 7/8 7/9 7/10 7/14
12/22 12/25 13/14 13/17 15/17 15/22
15/23 18/21 18/21 19/7 19/16 20/1
21/9 22/12 24/10 24/14 24/16 24/24
25/1 25/17 28/3 31/24 32/1 34/8
34/11 37/14 39/6 42/1 42/3 42/4
44/21 51/2 51/25 52/19 58/6 58/8
58/9 58/13 58/16 58/19 59/6 60/23
62/13 62/15 62/16 62/18 62/21 62/24
67/19 67/22 68/14 68/18 78/6 81/15
81/16 81/16 85/24 94/2 96/16 98/3
98/7 98/10 98/13 98/21 99/15 99/23
100/2 100/21 100/24 101/16 108/20
109/16 109/17 110/12 110/24 111/8
112/12
didn't [11] 15/5 15/6 15/15 18/16
43/15 58/7 58/10 62/23 62/25 70/18
99/11
different [6] 16/3 43/6 43/8 44/8
53/5 89/4
dinners [1] 11/23
direct [16] 2/17 10/23 13/24 21/2
58/20 59/10 60/17 61/7 63/10 63/16
63/18 67/6 69/20 70/16 72/24 97/18
directing [1] 65/5
direction [1] 106/3
directly [2] 4/7 52/23
disagree [2] 52/15 95/3
disagrees [2] 103/5 104/8
discovery [1] 58/24
discuss [13] 46/21 46/23 47/3 47/25
54/15 54/21 54/22 78/19 91/8 111/23
111/25 112/2 112/3
discussed [8] 56/15 59/7 60/17 63/9
67/6 93/11 105/7 110/15
discussion [4] 2/5 24/20 93/23
113/16
displayed [1] 69/23
dispute [3] 13/8 13/10 13/13
disregard [2] 6/22 7/1
distraction [1] 18/3
district [10] 1/19 1/1 1/1 1/11
49/11 50/15 104/22 106/10 114/6
114/6
DIVISION [1] 1/2
Dixon [61] 48/22 48/24 49/5 50/3
50/7 50/12 50/12 50/21 50/22 50/25
51/15 51/20 51/23 52/8 53/2 54/17
54/22 54/22 55/1 55/5 91/4 92/1 92/8
92/19 93/2 93/6 93/10 93/15 95/5
95/22 96/7 97/12 97/14 97/16 97/20
99/23 101/12 102/5 103/9 103/17
103/24 104/15 105/4 105/9 105/18
106/5 106/11 107/3 107/5 107/12
107/13 107/15 108/20 108/23 109/15
110/5 110/11 110/25 111/15 112/6
112/17
118
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 119 of 129
D
Dixon's [1] 104/20
do [99] 2/22 3/4 3/6 3/12 3/15 4/13
8/17 11/14 13/3 15/15 15/17 17/18
19/13 19/25 21/5 21/7 24/8 28/21
31/13 31/20 32/20 33/14 33/14 34/13
34/15 37/9 37/11 39/7 41/2 41/4
41/23 42/8 42/9 44/7 47/2 47/22 48/1
49/20 49/22 49/22 51/22 53/13 54/8
55/6 56/9 57/4 57/6 60/21 61/5 61/6
61/10 62/24 63/5 65/14 66/10 66/12
66/14 67/8 67/10 69/25 70/1 70/5
70/6 70/20 70/21 73/3 73/4 74/6
74/10 75/21 82/15 82/16 82/18 83/11
87/6 89/20 91/9 93/15 95/4 95/12
95/15 96/11 96/24 96/24 97/1 97/1
98/23 99/13 101/18 101/18 108/17
109/4 109/20 109/25 110/17 110/22
111/18 112/24 114/7
Doc [2] 41/23 69/11
docket [2] 1/10 1/4
Docs [1] 69/14
document [53] 1/13 23/8 23/22 23/25
26/11 26/19 32/10 32/12 42/4 42/21
42/25 44/4 44/8 44/17 44/19 45/4
45/7 45/13 46/3 46/10 46/13 56/25
60/11 64/7 64/14 67/6 67/9 67/19
69/22 70/12 70/24 72/4 72/10 72/10
72/22 72/25 73/21 75/24 79/8 79/23
80/18 80/21 81/18 81/23 84/19 87/13
87/17 88/20 89/6 89/24 89/25 90/4
104/21
documents [21] 22/3 22/7 24/1 24/4
27/14 28/19 29/4 35/11 43/5 62/25
67/15 74/4 74/18 75/15 77/17 77/22
78/3 78/4 78/17 83/16 83/19
does [37] 25/13 26/22 26/25 27/3
27/4 27/7 27/9 30/9 30/24 32/21
32/25 33/1 33/7 33/19 40/21 40/23
41/6 41/7 44/6 44/7 44/18 44/25 45/2
45/12 46/5 46/10 50/12 55/1 66/25
72/22 83/10 84/6 92/7 94/19 95/9
104/1 106/12
doesn't [8] 17/1 27/6 51/10 59/23
71/24 72/21 80/16 106/11
doing [3] 10/7 53/25 96/13
don't [82] 4/5 4/20 5/23 7/19 8/16
12/2 14/16 15/1 15/25 16/1 16/3
16/24 29/15 29/17 38/21 38/23 38/25
40/6 47/11 48/1 48/2 48/6 49/16
49/18 51/7 51/7 51/8 52/6 52/17 53/8
53/12 54/7 54/17 54/23 55/18 56/16
58/23 60/13 60/24 61/24 62/4 62/6
63/2 63/7 63/13 63/22 67/7 67/11
68/2 69/24 70/7 70/10 70/11 70/16
71/19 71/20 76/11 77/24 80/22 81/9
82/14 82/20 82/25 84/18 86/6 86/25
87/6 88/23 90/19 91/8 92/4 95/19
99/18 102/2 105/18 105/22 106/5
106/19 107/8 107/10 109/7 111/2
done [5] 22/17 57/25 60/14 93/14
97/6
door [2] 12/15 101/22
double [1] 66/9
doubt [2] 51/11 51/16
down [10] 20/17 47/1 48/6 49/20 53/2
65/11 80/24 88/5 91/2 113/6
drive [8] 1/23 10/18 28/17 37/7
37/16 38/16 38/19 39/12
Driver [3] 75/5 76/25 90/15
driver's [13] 75/6 77/3 77/14 77/20
79/15 79/16 79/21 80/5 82/12 83/12
83/18 84/12 85/14
driving [1] 10/17
dry [1] 95/12
duly [4] 2/16 21/1 93/7 97/17
during [20] 9/19 11/11 49/15 56/15
60/17 61/7 70/16 80/23 96/18 98/10
98/21 99/24 100/3 100/11 100/22
100/25 103/16 104/12 104/14 109/16
Durrett [5] 1/19 48/16 48/18 50/5
53/15
E
each [9] 5/22 12/19 12/21 37/15 39/2
39/10 79/22 83/9 104/1
earlier [10] 18/18 56/13 61/24 63/2
63/15 64/25 66/22 79/20 105/16
110/15
earliest [8] 61/18 61/21 62/9 63/6
63/7 63/9 63/13 63/13
early [1] 13/5
ECF [2] 1/5 1/6
effect [1] 110/18
efficient [1] 95/16
either [9] 4/20 4/21 5/21 14/9 49/4
49/23 52/11 81/3 95/15
electronic [4] 37/5 37/15 39/10 57/2
Eleventh [2] 94/16 105/15
elicited [1] 108/22
Elite [4] 23/12 23/24 24/5 65/6
ELMO [3] 60/19 67/14 87/23
else [13] 10/10 15/7 29/21 47/14
52/23 54/15 58/23 76/4 80/17 85/22
86/9 106/9 109/5
emails [2] 35/12 58/16
employee [1] 70/6
empty [3] 18/7 45/14 46/11
encountered [1] 4/16
end [2] 14/19 53/16
ending [1] 31/2
enforcement [6] 21/13 21/19 22/2
22/3 53/11 100/25
engaged [1] 102/6
enhancement [1] 107/20
enjoy [1] 113/12
enjoys [1] 113/18
enter [2] 68/18 98/3
entered [2] 43/9 100/15
enters [6] 2/9 56/6 87/14 87/15 97/8
112/9
entire [3] 79/16 80/9 80/13
entirety [1] 84/18
entitled [1] 107/16
entries [1] 82/11
entry [1] 1/10
especially [2] 80/10 105/20
Esq [6] 1/16 1/16 1/17 1/18 1/19
1/19
establish [2] 78/14 80/20
established [2] 78/16 105/19
even [15] 4/6 13/12 13/12 15/2 52/17
63/8 70/16 81/8 81/9 85/20 86/6 87/6
101/20 101/24 102/23
event [1] 60/14
events [1] 42/22
ever [9] 3/18 3/25 4/7 4/10 5/16
12/13 19/16 108/24 112/17
every [9] 5/13 5/14 5/15 16/22 40/24
62/6 80/4 89/3 104/3
everybody [1] 47/14
everyone [5] 47/5 92/7 93/8 94/19
113/18
everything [6] 18/23 18/24 19/3 19/4
22/20 95/13
evidence [23] 23/19 25/11 26/16
28/25 29/25 35/9 36/24 40/3 43/20
45/8 56/23 57/14 58/4 58/6 75/10
82/9 84/3 86/21 87/20 98/17 100/15
107/2 107/17
exact [1] 108/5
Exactly [1] 76/13
exam [1] 80/23
examination [12] 2/17 9/5 18/18
19/11 19/22 21/2 55/23 57/17 58/20
97/18 101/22 110/7
examining [1] 48/17
example [3] 40/8 79/23 94/1
Excel [8] 37/5 40/9 69/4 69/7 69/16
71/4 71/6 72/10
exchange [1] 69/13
exchanged [1] 69/5
exchanging [1] 69/10
exclude [1] 87/2
exclusive [7] 3/19 4/1 29/5 31/17
32/7 32/23 34/3
excuse [1] 10/25
excused [1] 113/8
Executive [4] 23/12 23/25 24/6 65/6
exhibit [30] 6/11 23/3 23/19 25/11
25/20 26/2 26/4 26/16 28/24 29/24
33/10 34/21 41/17 41/21 60/17 63/23
64/13 65/3 66/14 71/1 75/1 75/10
79/3 82/21 84/18 86/10 87/19 87/20
87/23 89/22
Exhibit 10B [1] 60/17
Exhibit 1146 [1] 65/3
Exhibit 2300 [1] 41/21
Exhibit 2879 [1] 64/13
Exhibit 5000 [1] 87/23
exhibits [17] 22/25 27/12 27/21
34/24 35/8 35/15 36/18 37/15 38/22
39/11 39/17 43/19 56/12 56/18 56/22
57/13 70/19
exist [2] 29/20 95/25
existence [1] 60/6
exists [1] 103/21
exits [2] 48/12 79/1
expand [1] 75/22
expect [2] 17/2 17/2
expected [1] 15/12
experience [1] 34/16
expert [1] 44/13
explain [1] 80/2
explained [2] 18/24 19/2
explore [1] 95/10
expose [4] 93/25 94/4 94/14 108/4
exposed [1] 55/17
extent [2] 52/18 85/10
eyebrows [1] 84/13
F
F.3d [1] 94/17
F10A [7] 27/21 27/23 28/1 28/24 30/3
30/9 31/24
F10B [4] 28/24 30/20 60/21 61/5
F10C [2] 29/24 32/6
F10D [3] 28/2 29/24 32/22
F11 [2] 81/21 86/10
F11B [9] 25/20 26/1 26/6 26/7 26/16
66/25 89/19 89/23 90/1
F130 [2] 35/17 36/18
F130B [2] 38/1 39/17
F135 [2] 35/17 36/18
F135B [2] 38/1 39/17
F13B [3] 24/17 25/3 25/11
F150 [2] 35/17 36/18
F150B [2] 38/1 39/17
F163 [2] 35/17 36/18
F163C [2] 38/1 39/17
F164D [2] 38/1 39/18
F164E [2] 38/1 39/18
F214 [2] 35/18 36/19
F226 [1] 34/25
F227 [2] 34/25 35/8
F228 [2] 34/25 35/8
F229 [2] 34/25 35/8
F230 [2] 34/25 35/8
F231 [2] 34/25 35/8
F243 [2] 34/25 35/9
F248 [2] 34/25 35/9
F281 [1] 71/1
F281K [2] 70/25 71/1
F293J [2] 41/5 73/12
F293K [1] 73/20
F299L [1] 73/25
F299M [1] 74/6
F304I [1] 74/10
F330 [2] 35/22 36/21
F331 [2] 35/22 36/22
F334 [2] 35/22 36/22
F336 [2] 35/22 36/22
F339 [2] 35/22 36/22
F340 [2] 35/23 36/22
F344 [2] 35/23 36/22
F349 [2] 35/23 36/23
F351 [2] 35/24 36/23
F352 [2] 35/24 36/23
F355 [2] 35/24 36/23
F359 [2] 35/24 36/23
F365 [2] 35/24 36/23
F367 [2] 35/24 36/23
F368 [2] 35/25 36/23
F372 [2] 35/25 36/24
F3B [4] 23/4 23/5 23/15 23/19
F60 [7] 42/7 42/13 42/19 43/19 44/2
57/1 67/19
F60A [2] 57/7 57/13
F61 [5] 43/6 43/19 44/6 44/25 69/18
119
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 120 of 129
F
F61A [1] 57/13
F62 [2] 43/19 45/15
F62A [1] 57/13
F63 [6] 42/7 42/13 42/19 43/19 46/5
57/1
F63A [2] 57/8 57/13
fact [7] 5/22 29/20 82/11 91/25
93/11 104/11 107/1
facts [2] 98/16 103/17
fair [4] 12/1 13/9 58/19 62/11
false [9] 53/10 103/25 104/11 104/16
105/6 106/17 106/18 107/10 111/10
falsely [2] 106/14 106/22
familiar [5] 74/18 76/12 76/14 77/8
77/12
far [7] 47/12 68/25 69/1 81/10 84/15
85/2 101/21
FEBRUARY [8] 1/12 84/21 85/1 85/2
85/5 86/6 114/10 114/20
federal [4] 103/9 103/20 107/6
107/10
feel [3] 66/18 84/3 110/21
felt [1] 15/4
females [1] 4/24
few [5] 9/11 40/7 58/22 79/17 80/5
Fifth [29] 49/5 49/10 50/8 52/9
52/22 55/12 55/13 92/14 93/12 93/20
95/23 96/2 96/20 98/9 98/12 99/11
99/16 101/19 103/1 103/3 103/7 106/7
108/7 108/21 110/15 110/21 111/3
111/12 112/20
figure [2] 95/4 95/24
file [4] 39/2 40/17 72/12 74/14
filed [3] 1/5 1/11 1/13
files [3] 37/5 37/7 38/15
finally [1] 89/15
find [3] 13/17 15/19 70/22
finding [1] 55/17
fine [4] 47/14 47/22 49/20 51/15
first [19] 2/11 2/16 9/13 21/1 27/19
28/20 30/3 44/25 47/16 65/23 66/4
66/25 67/18 75/25 85/2 93/7 97/17
99/2 101/25
five [1] 50/17
five-minute [1] 50/17
flash [2] 28/17 39/12
focus [1] 73/1
folks [1] 52/4
followed [1] 110/7
following [1] 1/3
follows [6] 2/16 21/1 54/12 93/7
97/17 113/17
fooling [1] 15/6
forefront [1] 84/3
foregoing [1] 114/17
form [3] 38/22 66/13 114/15
format [1] 47/10
forth [3] 12/19 12/21 13/8
forward [2] 85/10 85/14
FOSTER [80] 1/7 1/19 2/13 3/4 3/9
3/13 3/15 3/19 3/25 4/1 4/8 6/16
6/23 7/10 7/15 8/24 9/14 11/6 11/11
11/17 13/9 13/15 13/25 14/25 16/13
18/16 18/17 18/22 19/13 20/20 24/5
24/25 30/10 31/25 32/3 32/9 32/10
32/19 32/25 33/2 34/11 48/25 59/2
61/19 61/22 62/14 62/19 63/11 64/21
66/4 75/7 76/18 76/21 78/13 78/15
82/8 83/24 85/18 85/20 88/3 90/15
97/11 97/21 98/11 98/22 100/7 100/10
100/22 100/25 101/4 106/1 106/3
109/18 110/1 110/25 111/18 111/22
111/25 112/18 114/12
Foster's [5] 4/11 6/17 7/7 12/13
85/12
found [5] 14/8 61/18 61/22 62/1 62/9
foundation [10] 11/2 39/4 44/12
44/14 45/3 75/12 75/22 77/25 80/8
81/3
foundational [2] 80/25 81/6
Frank [1] 66/15
fraud [2] 94/4 104/23
free [1] 66/18
front [13] 22/23 22/24 22/25 23/2
30/14 30/16 32/14 32/15 52/2 60/22
95/18 95/20 97/15
full [1] 1/12
further [17] 8/2 8/3 9/3 19/6 19/18
20/15 46/19 47/3 57/16 81/3 83/5
86/21 86/21 90/25 104/24 110/1
111/14
future [1] 55/17
G
gand.uscourts.gov [1] 1/25
gave [5] 5/4 14/3 15/21 28/17 94/3
Gecas [2] 94/17 105/16
Gena [38] 3/12 6/16 6/23 7/11 7/12
7/14 12/13 13/14 13/25 14/25 15/21
18/17 18/22 27/1 27/2 30/10 32/2
32/9 32/19 32/25 33/15 40/13 40/16
41/2 41/6 41/8 61/19 61/21 62/13
62/19 63/11 81/24 85/12 85/18 85/20
86/14 90/4 90/16
general [3] 70/13 80/16 94/19
gentlemen [6] 6/25 48/2 78/21 91/6
102/10 113/9
GEORGIA [13] 1/1 1/24 23/11 25/18
76/25 86/15 88/9 88/18 89/1 90/12
90/15 104/23 114/7
get [20] 4/21 5/8 14/8 16/9 16/22
20/9 43/24 52/16 52/22 54/1 55/23
60/15 68/19 76/2 77/13 80/5 83/12
86/20 92/18 109/4
gets [1] 96/23
getting [3] 77/10 84/11 96/24
girlfriend [1] 15/4
gist [2] 16/23 94/13
give [10] 11/23 29/1 34/24 35/14
36/7 55/6 77/10 102/20 110/10 111/22
given [7] 4/10 34/17 50/18 99/20
105/20 108/3 112/1
gives [1] 80/3
giving [2] 4/24 16/3
go [34] 2/22 6/19 8/12 10/6 14/10
24/22 33/11 40/6 43/4 44/17 45/9
46/5 48/2 49/20 53/7 57/2 63/25
74/17 74/19 78/10 80/24 81/10 85/10
89/3 91/13 92/9 95/7 95/10 96/9
96/13 102/16 103/15 109/5 112/15
go-by [2] 74/17 74/19
going [72] 5/25 9/10 12/19 12/21
13/8 22/5 30/3 30/7 34/24 35/3 35/14
36/13 37/23 40/6 41/5 42/6 48/6
48/16 49/9 50/3 50/13 50/22 51/14
52/10 53/25 54/2 55/11 55/19 57/23
60/25 67/14 67/18 67/18 69/18 70/22
70/24 72/4 72/6 73/1 73/12 73/20
74/25 75/1 78/22 80/4 80/4 84/25
85/14 85/16 85/25 87/22 89/3 89/9
89/12 91/9 95/5 95/6 96/13 96/17
96/19 96/20 101/12 102/5 102/15
105/3 106/13 106/14 106/15 106/17
106/21 108/12 111/14
gone [5] 9/21 9/23 9/25 10/4 60/9
good [14] 9/7 20/22 20/23 21/4 34/21
48/18 48/20 57/19 79/5 91/19 92/19
92/25 93/1 97/20
Google [8] 41/23 44/13 44/17 67/5
67/7 68/8 69/11 69/14
got [10] 19/1 19/5 20/12 78/3 79/5
82/16 82/25 85/14 86/3 92/18
gotten [1] 15/9
government [53] 1/16 6/22 22/6 22/7
22/9 26/10 36/7 46/22 47/6 47/10
47/19 47/24 49/5 49/19 49/25 55/9
55/14 62/25 75/9 77/20 78/3 80/15
83/10 84/6 84/13 84/25 87/4 91/25
92/17 94/3 94/10 94/23 95/2 98/8
101/17 101/23 102/7 103/17 103/23
103/25 104/13 104/13 104/17 104/21
105/3 105/11 105/20 106/25 108/13
108/14 109/8 110/8 110/9
government's [12] 33/10 41/20 54/5
56/9 63/23 64/13 65/2 75/1 75/10
87/19 87/20 87/22
grant [2] 49/5 50/3
granted [2] 87/10 105/13
grants [1] 49/19
ground [1] 80/16
grounds [10] 28/11 78/11 78/18 79/13
81/2 81/7 87/3 87/3 102/20 110/15
Group [2] 31/9 64/19
guess [18] 5/23 12/23 13/10 13/13
15/19 28/20 47/19 49/18 51/16 52/5
52/5 52/9 54/4 54/19 85/1 85/3 91/12
98/25
guessed [1] 91/14
guilty [4] 98/3 105/1 105/5 107/12
H
h'm [5] 59/9 66/24 68/15 71/10 72/20
had [24] 6/9 8/23 10/9 13/13 13/22
15/19 17/9 18/22 19/25 20/4 20/5
51/19 53/20 56/25 93/16 93/23 98/10
98/22 98/25 100/7 100/11 101/3 107/3
108/19
hand [9] 28/17 42/24 44/7 65/6 67/10
67/15 70/5 71/15 88/5
handle [1] 48/17
Hands [3] 28/19 42/25 79/8
happen [5] 12/22 12/25 72/14 95/18
95/20
happened [10] 13/4 14/6 14/7 59/24
59/24 103/14 104/14 105/22 105/22
109/12
happening [2] 43/9 80/3
happens [1] 107/15
happy [8] 47/10 47/18 52/4 53/16
95/15 104/4 104/8 109/2
has [59] 1/11 4/10 5/16 5/20 11/1
11/1 12/15 16/6 19/13 45/7 48/22
49/7 49/22 50/11 50/16 50/21 51/2
51/9 52/8 53/4 53/6 53/20 54/6 71/6
72/2 75/23 75/24 78/2 78/4 78/13
78/15 80/15 81/2 81/21 81/22 82/1
82/2 83/17 85/13 86/12 86/22 87/4
89/6 90/7 100/14 104/13 104/17 105/3
105/9 105/11 105/13 105/21 106/21
108/9 108/22 108/23 110/1 111/18
112/17
hasn't [1] 99/6
have [208]
haven't [6] 9/7 11/14 57/19 58/1
59/4 61/1
having [13] 2/16 13/8 13/10 21/1
28/16 61/2 74/13 80/12 93/7 97/17
98/13 98/23 99/23
he [124]
he'll [1] 11/23
he's [9] 14/10 15/23 32/11 33/4
52/10 53/20 96/19 106/13 106/14
head [1] 94/21
hear [12] 21/17 55/7 59/6 76/4 78/8
91/10 96/16 102/15 103/5 104/4 104/8
106/24
heard [6] 59/4 79/12 83/21 107/23
110/17 111/5
hearing [2] 53/5 114/15
hearsay [6] 6/1 6/1 7/1 7/18 45/6
52/16
held [1] 114/10
hello [1] 91/17
help [1] 22/12
her [19] 4/17 4/23 6/15 8/18 11/3
11/6 12/17 12/18 12/19 13/12 13/24
14/13 33/20 46/23 46/25 47/3 78/4
99/3 108/23
here [32] 2/7 3/21 7/25 27/3 27/13
29/15 30/6 34/6 47/13 48/22 49/1
49/6 51/10 53/17 55/3 56/2 64/3 64/3
70/22 71/15 73/16 78/17 87/1 88/3
88/5 88/21 89/21 92/24 95/13 107/21
109/5 113/13
hereby [1] 114/7
hey [3] 51/4 51/15 94/2
Hi [1] 21/4
hid [3] 14/23 14/25 15/2
highly [1] 81/19
him [66] 3/10 3/16 3/17 3/18 4/2 5/2
9/16 10/4 10/10 10/18 10/19 11/3
11/12 11/14 11/14 11/16 11/19 11/22
12/5 12/6 13/12 14/13 15/6 16/14
16/16 16/18 16/20 17/2 17/3 17/5
17/9 17/13 17/21 48/23 48/24 49/5
49/11 49/12 51/2 51/4 52/19 52/21
53/9 53/10 53/12 53/25 55/7 56/3
120
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 121 of 129
H
him... [18] 91/23 92/1 93/24 93/25
94/4 94/14 96/1 96/2 99/10 102/22
106/18 107/4 107/18 108/4 108/24
110/19 111/3 112/3
hire [1] 21/9
his [60] 4/22 4/23 5/5 5/8 11/17
14/8 15/19 15/24 17/2 17/5 17/9
17/12 18/2 19/3 19/4 19/16 49/6
49/21 50/15 51/1 51/2 51/9 51/11
51/25 52/9 53/3 53/13 53/21 53/23
54/9 55/3 55/4 55/11 55/18 78/14
82/2 82/3 83/18 83/22 84/1 92/1 92/8
92/9 94/13 96/17 96/18 101/7 106/16
107/7 107/7 107/14 107/15 107/20
107/21 108/9 108/10 108/21 110/5
110/15 111/1
history [6] 27/7 27/9 44/21 67/16
69/18 69/19
hit [1] 53/16
hold [3] 6/5 7/24 27/3
Holland [12] 33/9 33/22 34/5 34/20
41/20 43/21 60/18 63/24 63/25 65/3
65/10 65/12
Holmes [23] 20/21 20/25 21/4 22/1
23/22 25/13 30/3 30/9 31/23 33/14
34/2 34/8 34/23 37/4 41/23 43/24
44/17 57/19 65/5 76/8 76/17 87/22
87/24
Honor [135]
HONORABLE [1] 1/11
hope [2] 113/12 113/18
hopefully [1] 8/19
hot [1] 20/10
hour [1] 105/22
house [2] 12/13 12/18
houses [2] 12/20 12/22
how [23] 3/6 3/8 3/15 4/13 4/20 11/5
12/17 14/6 19/25 20/23 29/17 31/18
37/11 48/19 51/22 70/13 70/17 78/3
80/24 91/18 101/19 103/3 110/21
however [2] 1/12 38/25
Huh [1] 15/16
hypothetical [1] 94/6
hypotheticals [1] 94/7
I
I'll [9] 29/1 47/20 72/1 78/8 87/2
87/12 97/7 109/11 111/22
I'm [88] 5/25 7/21 9/10 9/11 11/5
16/3 16/23 17/23 17/24 18/6 20/24
21/6 21/8 21/17 21/20 27/13 28/16
30/6 30/15 30/17 30/22 31/3 32/12
32/16 33/11 33/24 34/23 35/14 37/23
38/10 41/5 42/6 47/18 47/19 48/16
49/14 52/4 52/5 52/9 53/1 53/16
53/25 57/22 57/23 57/25 60/25 61/4
61/25 63/17 65/10 65/12 66/9 67/14
67/18 67/18 69/7 69/21 70/22 70/24
71/25 72/2 73/1 73/12 73/20 74/25
75/1 75/17 78/10 78/12 78/22 87/22
89/3 90/1 91/12 91/24 92/21 95/15
96/13 96/22 99/15 101/12 102/5
102/15 103/11 104/4 104/8 109/2
110/25
I've [1] 4/2
icloud.com [2] 24/12 35/12
idea [3] 78/3 79/5 105/10
identification [2] 80/5 83/19
identified [10] 39/2 58/17 63/10
63/12 63/15 63/19 80/16 81/2 106/1
106/3
identify [6] 100/10 100/21 100/22
100/24 109/18 112/18
identity [5] 75/14 77/21 78/14 98/4
107/12
imagine [2] 102/24 103/2
immunity [5] 49/6 49/19 49/25 50/3
55/10
implicate [1] 110/25
implicates [1] 111/7
important [2] 17/20 17/20
important-important [1] 17/20
importantly [1] 107/13
imposed [1] 103/7
improperly [1] 100/21
Inc [2] 23/12 31/9
inclined [1] 78/10
included [2] 84/4 85/12
including [1] 65/25
incoming [1] 61/8
incorporators [1] 24/2
incriminate [1] 93/13
incriminating [3] 51/6 52/11 52/20
incrimination [1] 110/6
indeed [1] 49/10
independently [1] 111/9
indicated [2] 40/24 79/20
indication [2] 31/25 95/1
indicted [1] 68/9
indictment [4] 67/25 68/3 68/4 86/2
individuals [1] 69/5
inference [1] 83/23
info [4] 40/8 70/6 70/18 71/2
information [26] 15/13 19/21 29/19
37/14 39/2 39/10 45/12 46/2 63/9
67/20 68/18 69/11 74/23 77/8 77/11
77/12 77/14 77/16 79/16 82/10 86/11
86/12 90/16 104/11 105/11 111/9
initial [2] 26/24 26/24
initialed [1] 37/12
initially [2] 28/5 103/7
installed [1] 72/3
instances [1] 72/11
instructed [1] 6/22
instruction [2] 111/8 113/11
instructions [2] 48/4 111/1
intend [1] 55/12
intended [1] 93/11
intends [1] 93/20
intent [3] 91/14 92/10 107/7
interacted [1] 4/16
interactions [2] 4/19 11/6
interest [1] 51/1
interesting [1] 108/1
internet [3] 20/4 20/8 20/9
interview [9] 53/14 94/3 98/10 98/21
99/24 100/22 100/25 104/12 104/14
interviewing [1] 22/6
investigate [1] 103/24
investigation [9] 21/16 21/18 22/2
58/3 61/23 62/1 62/18 62/22 62/23
investigatively [1] 77/13
investigator [13] 21/8 21/10 49/10
49/12 50/10 50/11 50/18 50/21 51/15
52/11 52/19 52/25 53/24
inviting [1] 109/8
invocation [7] 55/13 55/20 95/11
106/6 108/7 110/21 111/11
invoke [22] 49/21 51/2 52/9 55/11
92/14 93/20 94/13 96/2 96/20 98/9
98/12 99/15 100/1 100/5 100/9 100/23
101/2 101/5 108/21 110/5 110/15
112/20
invoked [2] 51/5 51/9
invoking [3] 99/10 101/7 102/20
involved [6] 7/25 21/15 21/18 22/1
22/5 112/18
involvings [1] 4/23
IP [8] 24/11 24/14 24/24 25/17 27/4
27/6 27/7 27/9
is [309]
isn't [8] 9/19 10/16 61/19 69/10
74/13 74/16 100/2 100/6
issuance [1] 89/4
issuances [2] 85/8 87/5
issue [20] 46/20 46/23 47/6 47/8
47/16 50/14 53/19 54/18 80/7 80/8
82/17 82/18 84/3 84/21 84/23 84/24
86/23 96/21 99/12 107/9
issued [1] 24/8
issues [6] 54/22 55/1 82/23 83/11
91/7 103/1
it [216]
it's [69] 4/5 4/6 5/20 6/3 6/8 6/9
6/13 6/15 17/20 17/21 17/25 23/11
23/18 25/5 25/10 26/15 26/24 29/20
30/13 30/16 32/14 32/15 33/24 36/8
40/15 40/18 44/5 45/14 46/11 48/6
50/24 57/3 60/8 60/9 63/7 63/13 64/4
64/18 65/11 65/20 69/1 72/3 72/4
72/6 72/18 75/5 79/16 79/17 79/20
80/18 82/15 86/4 89/9 89/12 89/15
89/21 91/9 92/13 92/17 95/19 97/6
100/6 100/16 108/6 108/18 109/10
109/11 111/11 113/10
itself [1] 102/25
J
J-E-N-N-I-F-E-R [1] 3/3
J.P [2] 1/11 92/21
JACKSON [5] 1/6 1/18 56/2 108/15
114/11
Jane [2] 20/20 20/25
January [5] 98/7 99/24 101/14 101/15
104/19
Jennifer [4] 2/13 2/15 2/22 3/2
Jesika [1] 12/11
joined [1] 81/4
JPB [2] 1/5 114/12
judge [11] 1/11 19/9 35/6 51/19 52/3
56/1 75/16 90/21 92/21 92/22 94/24
Judge Walker [2] 51/19 52/3
judith [4] 1/22 1/25 114/4 114/23
July [8] 34/13 43/10 44/10 44/10
45/1 45/16 45/23 46/7
jump [3] 37/7 38/15 38/19
June [27] 31/3 31/4 31/5 31/6 31/6
31/12 31/12 31/13 32/17 33/5 33/14
40/21 41/13 61/12 61/12 61/15 61/15
64/4 64/6 64/24 66/6 85/1 85/8 98/7
101/13 103/10 103/20
jurors [1] 2/7
jury [44] 1/10 2/9 6/22 6/25 30/8
46/21 46/24 47/2 48/2 48/13 54/14
54/15 54/23 55/22 56/6 57/2 64/16
78/20 78/22 78/23 87/12 87/15 91/7
91/16 95/8 95/13 95/14 95/18 95/20
96/5 96/12 97/8 97/15 102/10 102/12
109/4 109/20 109/24 110/19 112/5
112/8 112/9 113/10 113/14
just [75] 4/18 4/23 5/23 8/17 12/19
14/8 14/20 15/8 16/3 17/17 18/3
18/13 19/20 19/24 20/10 21/12 22/19
23/3 26/11 28/17 29/15 29/20 33/20
33/24 34/8 35/11 38/20 39/1 39/9
40/7 40/25 41/5 47/12 49/14 51/16
52/5 52/9 54/22 55/22 56/11 60/2
63/17 65/23 67/16 68/11 68/21 69/10
70/2 70/12 73/18 74/7 76/2 77/10
79/15 80/12 81/25 82/7 82/18 83/3
84/19 90/10 95/8 95/12 96/1 99/6
99/10 100/16 101/25 104/17 105/24
108/17 109/11 110/20 111/1 111/7
Justice [1] 104/23
K
Kaushal [12] 1/16 8/12 9/10 10/24
29/9 57/22 72/6 76/14 79/2 81/10
83/14 86/9
Kaushal's [1] 76/2
keep [1] 84/6
kind [3] 16/24 49/7 68/21
knew [4] 4/6 11/11 20/2 76/9
know [69] 3/4 3/6 3/12 3/15 4/6 4/20
5/24 7/19 9/16 12/3 13/3 13/6 13/11
14/9 15/8 15/9 15/10 15/25 16/3 16/4
17/22 18/16 19/2 19/13 19/25 38/23
46/22 47/11 48/6 50/12 50/18 51/5
51/18 52/7 52/8 52/17 53/8 53/12
54/17 54/24 58/23 60/13 61/1 61/24
62/4 63/2 63/5 63/7 63/13 66/10 68/1
68/2 68/25 69/1 69/24 70/6 70/10
70/11 70/16 71/19 71/20 80/17 82/25
92/8 92/22 99/11 103/13 107/8 109/8
knowed [1] 13/12
knowing [1] 106/2
knowingly [1] 107/5
knowledge [5] 4/3 4/5 106/14 107/7
108/22
known [9] 3/10 3/18 3/25 4/2 10/18
11/1 18/15 104/12 104/13
knows [5] 11/2 48/21 49/11 50/21
52/12
L
lack [1] 85/17
Ladies [6] 6/25 48/2 78/21 91/6
102/10 113/9
121
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 122 of 129
L
Lakeview [6] 25/18 81/19 86/15 88/17
88/25 90/10
laptop [2] 72/2 72/9
last [11] 40/14 40/15 40/21 41/8
41/13 42/1 44/21 46/12 55/23 74/4
89/15
lasts [1] 54/20
later [2] 55/24 82/19
latter [1] 86/8
laundering [2] 98/4 107/11
law [10] 21/13 21/19 22/2 22/3 53/11
55/14 92/13 94/10 94/20 100/25
lawyer [1] 96/18
lay [2] 39/4 44/14
leading [1] 15/10
leads [1] 103/14
learned [1] 91/13
least [7] 4/14 4/17 14/7 14/7 14/7
17/3 70/18
leave [2] 17/16 17/16
lectern [1] 56/9
Lee [5] 29/1 37/1 93/4 96/10 97/14
left [5] 17/10 17/21 18/1 53/17 65/6
left-hand [1] 65/6
Leigh [2] 1/19 97/20
Leigh Ann [1] 97/20
less [2] 18/3 83/23
let [26] 5/3 9/20 10/14 14/9 19/4
19/16 36/7 48/16 60/2 61/1 62/11
66/10 72/1 74/6 76/2 80/22 83/14
85/7 88/1 89/24 92/8 95/2 106/8
106/24 110/19 112/5
let's [17] 47/1 49/24 53/7 55/22
59/7 63/25 64/11 65/2 72/10 73/25
74/10 74/17 84/9 87/12 89/22 93/4
113/10
letter [2] 92/16 94/13
letter's [1] 67/2
level [1] 105/23
liability [5] 55/18 93/25 94/5 94/14
108/4
license [10] 75/6 77/3 77/10 77/14
77/20 79/15 79/16 79/21 80/5 83/18
licenses [3] 83/13 84/12 85/14
lie [3] 94/2 107/7 109/16
lied [1] 107/5
life [1] 72/22
lifestyle [1] 19/4
light [1] 80/10
like [55] 4/5 4/23 5/21 5/23 11/23
11/23 13/6 14/17 14/19 15/3 15/4
15/4 17/18 17/18 17/19 17/19 17/19
17/20 17/20 17/23 17/23 19/2 19/3
20/3 20/3 20/5 20/10 21/19 28/12
29/9 37/4 37/5 42/16 52/13 57/6
63/23 70/2 75/2 77/7 78/19 80/2 80/4
81/8 82/4 82/21 83/8 83/13 84/13
91/9 96/23 104/9 107/22 109/4 109/14
111/4
likely [1] 110/9
likewise [1] 85/13
limitations [1] 103/23
limited [3] 11/7 80/11 80/11
line [6] 1/10 33/12 53/2 77/4 78/4
110/14
link [7] 42/12 43/7 68/8 68/11 68/13
68/14 68/20
list [12] 34/24 35/14 36/8 36/15
37/23 38/19 38/23 39/10 40/25 41/2
70/19 85/11
listed [14] 32/8 32/10 33/2 39/9
40/12 41/24 45/25 70/18 77/22 88/3
88/6 88/11 88/21 89/24
listing [1] 83/25
lists [2] 81/24 86/14
literally [1] 105/21
litigate [1] 107/9
little [5] 5/3 14/14 40/18 67/5 73/1
live [1] 94/2
live-type [1] 94/2
living [3] 21/5 21/7 86/20
loan [2] 100/3 112/18
loans [5] 98/11 98/14 98/22 100/8
101/4
locked [1] 18/7
lodged [1] 99/19
logging [1] 60/8
login [2] 25/5 25/14
logins [2] 24/12 24/25
logs [1] 70/3
long [10] 3/8 35/14 36/8 37/23 39/9
68/7 68/10 70/19 82/23 91/9
longer [1] 60/15
look [14] 4/25 23/3 26/25 34/8 43/13
44/18 45/15 52/13 63/22 73/25 75/2
77/13 86/4 89/22
looked [12] 24/4 25/2 31/23 32/19
33/20 38/13 38/14 44/23 64/9 73/9
73/18 77/3
looking [8] 15/19 30/9 31/4 32/12
44/2 65/9 65/14 89/23
looks [4] 42/16 63/23 80/2 80/3
lot [3] 70/17 70/19 86/23
lots [1] 107/20
lunch [8] 91/11 111/25 112/3 112/7
113/10 113/12 113/19 113/22
lying [1] 104/16
M
ma'am [25] 6/4 7/20 8/7 9/13 18/13
19/6 20/17 21/11 21/21 46/9 48/10
61/5 64/10 64/14 65/12 67/14 73/10
75/2 78/24 90/2 91/2 97/23 97/25
98/2 98/6
machine [1] 114/9
mad [1] 5/23
made [12] 6/23 52/19 52/24 53/14
60/5 60/11 66/23 103/20 103/22
104/12 108/19 111/10
magician [1] 74/6
mailing [8] 88/14 88/17 88/21 89/7
89/10 89/13 89/16 90/14
maintain [1] 112/22
maintained [4] 82/1 82/21 83/17
108/9
maintaining [1] 101/19
make [13] 5/23 47/5 53/20 55/16 57/1
78/6 84/20 103/4 104/9 109/2 109/8
110/18 110/20
makes [1] 63/14
making [4] 53/10 103/25 105/6 107/9
many [7] 4/13 12/17 14/6 20/1 51/22
57/25 70/17
March [2] 84/23 85/8
mark [4] 57/4 57/7 75/1 84/18
marked [6] 24/17 37/19 37/20 38/22
42/6 74/25
married [4] 3/16 13/14 13/22 18/17
Marshall [17] 1/18 19/7 26/13 28/21
43/15 47/9 47/21 54/6 56/4 56/19
75/17 81/4 91/24 94/11 94/23 108/13
112/25
matches [2] 38/24 90/16
matter [5] 6/9 46/24 47/12 47/25
114/11
matters [2] 78/19 94/15
may [37] 1/5 1/9 2/10 4/22 6/23 6/24
13/3 14/11 16/21 30/18 30/25 31/1
36/8 36/9 46/17 46/25 47/4 50/25
53/18 56/10 58/22 60/6 64/23 65/7
65/7 65/17 66/17 76/4 76/4 79/2 83/1
92/1 96/8 103/20 108/9 109/9 109/9
May 28 [1] 31/1
maybe [11] 12/3 12/4 13/5 14/17 47/5
51/11 51/14 51/16 54/8 80/7 109/19
me [73] 4/23 4/24 4/24 5/3 5/20 5/23
9/20 10/14 11/1 11/14 12/19 13/13
14/9 14/9 15/5 15/21 16/3 18/24 19/2
19/4 20/4 20/8 23/10 25/4 28/17
30/23 31/5 31/10 32/13 35/15 36/7
37/24 40/11 40/14 40/17 42/24 47/2
47/15 49/16 51/1 53/15 53/19 55/2
55/6 60/2 60/19 61/1 62/11 64/17
66/10 72/1 73/14 74/6 75/4 76/2
80/22 83/14 85/7 88/1 89/23 89/24
91/9 91/25 92/5 94/10 99/11 101/19
102/20 104/5 106/8 106/24 112/5
114/15
mean [15] 11/23 12/21 16/2 16/21
17/4 17/18 17/18 17/18 17/23 18/23
51/11 59/24 70/5 80/11 82/12
meaning [1] 69/21
means [3] 60/2 69/20 70/6
meet [2] 49/10 49/12
meeting [1] 55/4
Meghan [1] 24/2
member [1] 21/12
mention [1] 18/21
mentioned [7] 13/7 13/21 13/24 14/20
18/15 18/18 24/5
Mercedes [3] 10/17 10/18 10/19
merely [1] 104/6
message [3] 6/12 41/24 42/2
messages [15] 5/16 5/21 5/23 6/16
7/6 7/6 7/9 7/13 7/23 8/14 8/18 8/22
14/15 58/7 58/10
met [11] 9/7 9/13 12/9 12/11 12/17
48/24 50/15 57/19 97/22 97/24 106/5
metadata [5] 71/6 71/8 72/4 72/19
72/21
method [1] 96/13
mic [2] 3/20 39/5
microphone [1] 21/22
Microsoft [2] 71/20 72/3
mid [1] 13/5
mid-2020 [1] 13/5
middle [2] 65/14 82/8
might [12] 23/1 47/5 60/2 70/13 77/9
80/24 84/12 93/21 93/25 94/1 94/4
107/25
minimal [1] 79/19
minimum [1] 81/2
minute [2] 31/24 50/17
minutes [2] 54/21 54/24
mirror [1] 85/10
missed [2] 21/20 81/15
misstating [1] 98/17
mistaken [1] 56/10
modified [8] 40/14 40/15 40/21 41/8
41/13 71/11 71/12 87/18
modify [2] 69/22 71/22
moment [19] 2/4 6/4 18/10 24/18
29/12 32/19 36/8 36/10 36/12 43/2
49/8 75/19 79/11 93/8 96/24 97/24
98/18 101/10 111/22
money [4] 11/25 12/5 98/4 107/11
months [1] 83/9
Moore [2] 1/17 98/25
mooted [1] 85/3
more [24] 4/23 5/19 5/20 6/5 10/10
13/10 13/13 14/14 14/19 18/13 19/13
41/5 47/4 54/21 57/3 73/2 73/25 74/6
74/10 83/12 87/3 90/19 107/13 112/2
morning [16] 9/7 20/22 20/23 21/4
48/3 48/18 48/20 48/24 50/16 57/19
92/10 92/19 92/20 92/25 93/1 97/20
most [2] 17/12 95/16
mostly [2] 16/21 58/21
motion [1] 53/5
move [11] 6/1 23/14 25/6 25/25 27/17
28/1 35/3 36/5 38/18 42/18 66/18
moved [1] 81/1
moves [2] 75/9 77/20
moving [1] 56/17
Mr [2] 20/20 52/25
Mr. [130]
Mr. Berne [25] 48/24 51/12 51/14
51/17 52/6 53/17 53/22 53/22 54/8
55/9 55/11 91/17 92/9 92/25 93/19
97/1 101/18 102/15 102/16 105/18
106/5 106/21 107/22 109/19 113/4
Mr. Dixon [57] 48/24 49/5 50/3 50/7
50/12 50/12 50/21 50/22 50/25 51/15
51/20 51/23 52/8 53/2 54/17 54/22
54/22 55/1 55/5 91/4 92/1 92/8 92/19
93/2 93/10 93/15 95/5 95/22 96/7
97/14 97/20 99/23 101/12 102/5 103/9
103/17 103/24 104/15 105/4 105/9
105/18 106/5 106/11 107/3 107/5
107/12 107/13 107/15 108/20 108/23
109/15 110/5 110/11 110/25 111/15
112/6 112/17
Mr. Dixon's [1] 104/20
Mr. Foster [18] 2/13 3/9 3/25 7/10
7/15 8/24 11/6 11/11 13/9 48/25
97/11 97/21 98/11 98/22 110/1 111/18
111/22 111/25
Mr. Foster's [1] 4/11
122
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 123 of 129
M
Mr. Kaushal [8] 8/12 10/24 29/9
76/14 79/2 81/10 83/14 86/9
Mr. Kaushal's [1] 76/2
Mr. Marshall [16] 19/7 26/13 28/21
43/15 47/9 47/21 54/6 56/4 56/19
75/17 81/4 91/24 94/11 94/23 108/13
112/25
Mr. Moore [1] 98/25
Mr. Ricky [1] 48/21
Mr. Steve [1] 48/22
Ms [2] 37/4 76/17
Ms. [114] 2/19 3/15 3/19 4/1 4/8 6/7
7/3 7/5 8/5 8/16 8/22 9/7 11/4 19/10
19/13 19/24 21/4 22/1 23/22 24/22
25/13 26/3 28/3 28/12 29/1 30/3 30/9
31/23 33/9 33/14 33/22 34/2 34/5
34/8 34/20 34/23 37/1 39/5 41/17
41/20 41/23 43/2 43/4 43/21 43/24
44/17 48/15 48/16 48/18 50/5 52/13
53/7 53/15 56/2 56/8 57/19 60/18
63/24 63/25 65/3 65/5 65/10 65/12
70/25 72/9 72/12 73/13 75/21 76/5
76/8 78/1 79/12 81/3 82/22 83/21
83/24 84/2 84/11 85/17 85/22 87/22
87/24 91/24 92/4 93/2 93/4 93/10
93/19 94/9 94/21 95/9 96/10 96/13
96/14 97/14 98/18 98/19 100/17
101/14 102/14 104/2 107/23 108/15
108/19 108/22 109/3 109/5 110/5
110/17 111/4 111/14 111/23 112/12
112/24
Ms. Chaiken [4] 52/13 53/7 111/4
112/24
Ms. Chaiken's [1] 96/14
Ms. Durrett [4] 48/16 48/18 50/5
53/15
Ms. Foster [1] 83/24
Ms. Holland [12] 33/9 33/22 34/5
34/20 41/20 43/21 60/18 63/24 63/25
65/3 65/10 65/12
Ms. Holmes [19] 21/4 22/1 23/22
25/13 30/3 30/9 31/23 33/14 34/2
34/8 34/23 41/23 43/24 44/17 57/19
65/5 76/8 87/22 87/24
Ms. Jackson [2] 56/2 108/15
Ms. Lee [5] 29/1 37/1 93/4 96/10
97/14
Ms. Murray [8] 2/19 7/5 8/22 9/7
19/13 19/24 83/21 84/2
Ms. Murray's [1] 85/17
Ms. Pyfrom-Foster [4] 3/15 3/19 4/1
4/8
Ms. Webster [51] 6/7 7/3 8/5 8/16
11/4 19/10 24/22 26/3 28/3 28/12
39/5 41/17 43/2 43/4 48/15 56/8
70/25 72/9 72/12 73/13 75/21 76/5
78/1 79/12 81/3 82/22 84/11 85/22
91/24 92/4 93/2 93/10 93/19 94/9
94/21 95/9 98/18 98/19 100/17 101/14
102/14 104/2 108/19 108/22 109/3
109/5 110/5 110/17 111/14 111/23
112/12
Ms. Webster's [2] 96/13 107/23
much [3] 31/18 72/21 102/19
multiple [6] 19/25 74/17 74/22 79/21
79/21 82/11
Murray [11] 2/14 2/15 2/19 2/21 7/5
8/22 9/7 19/13 19/24 83/21 84/2
Murray's [1] 85/17
Mutual [2] 10/11 10/12
my [36] 4/5 4/20 4/21 4/21 9/10 20/6
20/9 26/11 36/3 55/8 57/22 61/10
66/19 68/5 69/22 72/3 72/4 72/9
72/13 86/15 91/12 91/14 97/20 98/9
98/12 99/11 100/1 100/5 100/9 100/23
101/2 101/5 103/4 106/14 111/20
112/20
N
name [23] 2/19 2/24 9/10 11/17 26/25
30/10 32/6 32/8 33/15 57/22 64/16
66/4 71/24 72/3 72/13 76/21 81/23
82/3 85/12 88/1 88/3 94/1 97/20
named [2] 12/9 12/11
names [1] 44/4
natural [1] 15/11
necessarily [2] 10/8 107/11
need [26] 16/10 20/7 36/8 46/20
46/23 46/25 47/15 47/22 48/5 51/16
52/5 53/22 54/15 76/4 80/17 80/24
81/9 82/15 82/16 82/18 82/20 87/6
91/7 95/4 96/9 112/2
needing [1] 83/12
needs [3] 20/7 53/23 83/11
never [15] 4/6 10/18 10/19 13/11
13/11 13/21 75/23 75/24 77/6 78/2
78/4 99/2 99/4 101/3 108/23
new [3] 19/21 105/13 107/16
next [15] 20/19 51/20 54/16 66/2
79/24 79/24 88/20 89/6 89/9 89/12
91/4 91/8 97/10 98/23 99/3
nice [1] 79/6
night [3] 42/1 44/21 46/13
nightclubs [1] 9/25
no [89] 1/18 1/4 6/20 8/25 9/3 9/9
10/21 12/10 12/12 13/16 13/23 15/5
15/18 17/25 17/25 18/6 19/1 19/9
19/18 20/16 21/14 22/11 22/22 23/16
23/17 24/7 24/16 25/8 25/9 25/14
26/9 26/14 28/10 28/22 29/16 29/22
32/1 32/11 33/4 34/12 34/19 35/5
35/6 36/14 36/16 39/14 39/15 43/17
44/5 45/14 46/4 46/11 46/15 46/19
56/20 57/16 57/21 58/9 59/3 59/6
59/13 60/15 62/20 64/15 67/8 68/13
68/20 68/21 68/23 72/23 77/5 77/7
78/3 78/15 81/5 86/7 90/21 90/25
96/1 97/23 97/25 106/15 107/24
108/14 110/1 111/16 112/25 113/2
114/12
Nobody [1] 108/23
noncontroversial [1] 102/25
none [2] 51/24 98/16
NORTHERN [3] 1/1 104/22 114/6
not [128]
note [2] 1/17 105/9
noted [4] 80/23 93/10 94/9 94/12
notes [1] 36/3
nothing [3] 19/6 20/15 59/24
noting [1] 80/23
November [5] 82/23 83/4 85/4 87/5
87/11
now [24] 13/7 14/17 15/22 16/9 27/11
35/14 47/3 47/3 47/16 47/23 50/22
54/22 55/5 61/10 69/18 72/24 74/13
80/23 81/1 88/14 89/18 89/23 95/13
108/24
number [9] 1/10 1/10 4/21 17/2 26/2
26/4 30/7 50/5 66/14
numerous [3] 69/4 69/7 78/17
O
Oaky [2] 31/20 41/10
object [4] 5/25 28/11 99/10 101/7
objecting [1] 78/15
objection [49] 6/6 7/18 8/1 8/2
10/22 23/16 23/17 25/8 25/9 26/9
26/14 28/10 28/13 28/21 35/5 35/6
36/14 36/16 38/25 39/14 39/15 42/20
43/12 43/16 43/17 44/12 45/3 45/18
56/16 56/20 57/12 75/11 75/16 75/18
75/22 77/24 77/25 78/6 81/3 81/4
81/8 84/15 87/2 87/7 87/17 98/15
99/19 100/13 112/22
obligation [2] 15/5 15/6
observed [4] 11/12 11/14 11/19 11/22
obstruction [1] 107/20
obtain [2] 22/12 24/24
obtained [2] 78/4 86/12
obviously [7] 16/2 55/9 75/5 79/25
91/13 96/12 112/22
occasion [1] 14/11
occasions [1] 12/19
occurred [1] 65/19
off [13] 2/4 2/5 4/5 6/5 20/9 20/10
24/19 24/20 28/20 95/10 96/9 113/15
113/16
offered [2] 6/8 6/13
offering [2] 6/14 78/14
office [2] 62/18 72/3
officer [5] 53/11 55/25 96/5 107/10
112/8
officers [1] 101/1
offices [1] 114/7
official [9] 1/3 1/5 1/6 1/11 1/19
1/22 103/25 114/5 114/24
oh [6] 5/22 17/25 30/17 65/11 74/20
78/8
okay [120]
old [2] 18/22 82/5
once [4] 5/19 5/19 5/20 96/23
one [56] 3/21 6/4 7/16 9/11 19/14
19/16 20/2 20/2 20/2 22/24 23/1
24/18 27/5 29/5 29/12 41/5 43/2
44/25 46/17 50/5 51/8 56/11 61/25
73/2 73/25 74/6 74/10 75/19 76/18
77/6 78/12 78/15 79/11 79/15 79/16
79/19 79/23 80/6 80/13 80/13 83/10
85/3 85/15 88/14 89/3 90/23 93/8
94/16 95/7 98/18 101/10 103/11 104/3
108/17 109/14 112/6
ones [2] 61/25 95/9
only [12] 1/5 1/10 20/2 32/2 49/11
50/15 50/15 53/13 54/20 85/25 87/8
96/2
open [6] 43/7 43/24 53/10 68/24 69/1
114/10
opens [1] 101/22
opposed [2] 7/15 8/2
opposite [1] 108/5
order [8] 2/2 5/7 8/14 16/5 16/9
80/18 86/11 101/12
ordered [1] 102/22
original [1] 68/4
originally [1] 84/19
other [32] 4/24 5/23 8/23 12/20
14/20 15/13 20/2 20/11 29/16 29/18
46/2 46/12 46/13 47/8 49/20 58/16
58/22 64/7 70/3 71/20 74/18 79/22
83/9 83/18 83/22 94/15 97/4 97/5
97/5 101/25 103/2 107/21
other's [1] 12/22
others [1] 62/4
otherwise [2] 47/11 95/25
our [16] 8/19 11/6 15/2 21/15 22/15
47/12 49/9 49/10 49/12 50/10 52/25
82/9 101/6 106/4 108/22 112/22
out [37] 2/8 9/21 9/23 9/25 10/6
13/17 15/19 22/5 39/9 40/25 47/2
48/17 54/14 54/23 55/22 58/23 70/18
78/22 78/24 82/23 83/3 83/15 84/9
84/9 84/14 86/22 87/4 91/21 91/23
95/4 95/8 95/13 95/25 96/5 102/11
109/4 109/20
outside [5] 46/21 46/24 48/11 78/19
109/15
outweighed [1] 87/1
outweighs [1] 84/16
overarching [3] 21/16 21/18 22/1
overhead [1] 67/12
overlaps [1] 85/19
overrule [2] 78/10 87/2
overruled [9] 11/8 29/23 43/13 45/9
45/20 81/6 87/17 99/8 103/8
own [1] 111/1
owners [1] 23/24
P
p.m [6] 45/16 45/23 46/8 112/9
113/14 113/22
page [33] 1/10 30/22 33/11 34/6 34/9
41/21 41/24 61/4 63/25 64/1 65/3
65/9 65/11 65/14 66/25 68/16 68/19
79/23 79/24 79/25 82/16 82/21 83/10
84/8 84/9 84/21 84/23 84/24 88/20
89/9 89/12 89/15 104/21
page 3 [1] 79/23
pages [8] 82/16 82/18 82/20 83/4
84/5 84/10 84/17 84/21
paper [1] 66/12
part [3] 15/11 87/7 98/4
partial [1] 1/12
participate [2] 98/8 101/16
participated [2] 99/3 105/25
participating [1] 99/5
particular [6] 7/17 60/5 62/2 75/14
81/22 83/17
123
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 124 of 129
P
particularized [1] 55/17
particularly [3] 7/16 7/17 87/3
partied [1] 10/2
password [3] 4/10 5/4 5/7
past [3] 54/1 59/25 69/2
patience [1] 18/14
pause [12] 8/1 8/11 9/2 18/11 29/13
36/11 43/3 46/18 75/20 90/24 93/9
101/11
pay [3] 12/2 12/4 20/9
payment [6] 61/19 63/3 63/15 63/19
65/15 66/1
payments [5] 61/21 62/2 63/10 63/12
63/14
pays [1] 10/6
PDF [1] 1/3
pen [1] 61/10
pending [4] 49/7 53/6 105/10 108/3
people [1] 40/12
percent [1] 16/24
perhaps [2] 80/6 93/21
period [3] 1/7 82/2 100/12
perjury [3] 53/10 106/17 106/22
permissible [1] 106/19
permission [2] 66/19 96/6
permitted [1] 96/17
person [5] 18/2 32/2 51/6 99/1
100/11
personal [2] 19/4 33/20
personally [1] 62/15
perspective [1] 83/2
phone [35] 4/20 4/21 4/22 5/5 5/8
5/17 6/10 13/25 14/1 14/4 14/13
15/20 16/5 16/5 16/6 16/9 16/10
16/22 17/1 17/2 17/5 17/9 17/12
17/16 17/20 18/1 19/14 19/25 20/5
20/5 20/6 20/8 20/10 20/11 20/12
phones [3] 19/16 19/25 20/1
photo [1] 79/16
Phront [2] 31/9 64/19
pick [3] 16/22 16/24 17/1
picture [1] 82/3
pictures [1] 5/21
piece [2] 19/21 82/9
place [3] 101/20 101/25 102/23
planning [1] 53/12
plea [9] 98/3 104/18 104/20 105/2
105/8 106/10 106/20 107/8 108/1
plead [3] 49/5 49/10 95/22
pleaded [1] 107/12
pleading [1] 104/25
please [32] 2/8 2/11 2/20 2/24 3/20
6/5 6/6 8/1 20/19 25/20 27/11 27/11
28/18 33/23 41/21 43/2 48/10 60/18
61/1 65/11 66/10 78/22 78/25 91/15
91/20 93/5 96/5 97/10 97/14 102/11
109/22 112/8
pled [1] 105/5
podium [1] 102/16
point [13] 14/15 80/20 83/7 95/3
95/21 96/9 105/2 107/16 107/17 109/1
109/17 110/10 110/23
pointing [2] 61/10 61/14
points [1] 70/9
policies [3] 59/16 59/18 59/21
policy [1] 69/24
portion [2] 1/9 87/9
posed [1] 110/5
possibilities [2] 95/1 105/15
possibility [1] 103/22
possible [3] 33/9 72/18 85/11
posted [1] 65/20
potential [3] 49/9 83/22 85/17
potentially [1] 103/24
PPP [6] 94/4 98/11 98/14 98/22 100/3
112/18
PPP loan [2] 100/3 112/18
PPP loans [2] 98/11 98/14
preclude [1] 107/9
predates [1] 79/25
prefer [1] 95/17
preference [1] 96/14
prejudice [5] 80/11 80/12 82/6 84/16
87/1
prejudicial [4] 79/17 79/20 80/10
83/1
preparation [1] 1/18
presence [1] 78/19
present [4] 9/17 11/12 14/15 14/16
presented [2] 29/15 75/24
presumably [2] 71/1 72/4
pretty [5] 11/7 79/5 92/16 94/12
106/9
previously [6] 34/23 37/18 37/20
76/8 76/24 89/18
printouts [1] 57/3
prior [4] 30/7 44/18 65/9 82/6
private [1] 21/8
privilege [13] 52/22 98/9 98/12
100/1 100/5 100/9 100/23 101/2 101/5
101/8 102/21 103/7 110/6
probably [2] 51/9 53/16
probative [2] 80/11 86/25
problem [4] 8/19 49/1 49/4 102/2
procedural [1] 48/7
procedure [1] 95/24
proceeding [1] 105/13
proceedings [10] 1/10 2/5 24/20
54/11 97/5 97/6 113/16 114/10 114/14
114/18
products [1] 71/20
proffer [18] 53/14 94/3 98/8 99/3
99/4 101/17 101/20 101/24 102/6
102/23 103/8 103/16 105/6 106/1
107/2 109/16 110/10 111/10
proffered [1] 84/19
prohibited [2] 1/12 105/8
proof [2] 4/24 6/3
proper [6] 92/13 95/11 106/6 108/7
110/15 111/11
prosecute [1] 106/9
prosecuted [2] 106/18 108/2
prosecution [2] 105/20 111/3
prosecution's [1] 54/20
prosecutor [1] 57/22
prosecutors [2] 9/11 103/9
protect [1] 106/11
prove [2] 106/6 107/6
provide [1] 55/10
provided [5] 68/13 76/7 86/11 86/13
103/17
publish [4] 67/18 67/19 87/23 89/24
publishing [1] 90/1
pull [4] 63/24 64/10 64/11 65/2
pulled [2] 66/12 70/25
pulling [1] 28/16
pulls [1] 42/11
punch [1] 16/6
purchased [2] 20/4 20/8
purge [1] 70/2
purged [1] 60/8
purport [1] 85/9
purpose [2] 77/21 96/1
purposely [1] 17/24
pursuant [8] 23/15 25/7 26/1 28/2
35/4 36/6 86/11 105/2
pursue [1] 107/20
put [5] 67/11 81/21 82/9 96/10
108/25
putting [1] 96/1
Pyfrom [41] 3/13 3/15 3/19 4/1 4/8
6/16 12/13 13/15 13/25 14/25 18/17
18/22 26/24 27/1 27/2 29/4 30/10
31/17 32/3 32/7 32/9 32/19 32/23
32/25 34/2 40/13 40/16 41/3 41/6
41/8 61/19 61/22 62/14 62/19 63/11
81/24 85/18 85/20 86/14 90/5 90/17
Pyfrom-Foster [19] 3/13 6/16 13/15
13/25 14/25 18/17 18/22 30/10 32/3
32/9 32/19 32/25 61/19 61/22 62/14
62/19 63/11 85/18 85/20
Pyfrom-Foster's [1] 12/13
Q
question [32] 8/3 8/15 8/17 17/24
47/21 50/5 56/12 62/16 72/1 85/3
96/11 98/23 99/4 99/19 100/14 101/13
102/1 102/3 102/6 102/23 103/6
109/15 109/17 109/21 110/4 110/7
110/11 110/20 110/24 111/6 112/6
112/12
questioning [1] 108/12
questions [48] 9/3 9/11 11/6 18/13
19/8 19/9 19/18 19/20 20/16 46/20
47/3 47/16 55/12 55/19 57/16 57/23
59/10 67/17 79/6 90/19 90/21 90/25
93/21 93/24 93/24 94/1 94/2 95/5
95/6 95/8 95/21 95/25 96/2 99/7
99/12 101/7 101/22 101/25 102/21
103/2 103/18 104/2 105/25 108/8
108/10 110/10 112/25 113/2
quick [1] 55/1
quickly [2] 70/23 89/22
R
raise [1] 84/12
range [2] 65/7 66/22
reach [2] 82/12 82/16
read [7] 37/23 38/20 40/25 65/23
65/24 73/10 74/8
reading [1] 61/2
ready [2] 54/14 91/4
real [8] 70/22 89/22 94/18 103/21
104/6 105/19 108/6 111/12
really [9] 13/11 15/1 15/5 70/11
72/21 80/17 82/12 95/4 109/4
Realtime [1] 114/5
reason [5] 14/8 84/4 85/15 85/16
110/6
reasonable [4] 94/18 104/5 108/6
111/12
reasons [1] 79/18
recall [5] 11/18 12/6 15/1 24/8
46/25
receive [3] 7/6 24/14 111/8
received [6] 6/16 8/22 25/22 26/19
29/6 111/2
recess [2] 54/11 113/22
recognize [3] 37/9 37/11 42/8
recognized [1] 50/25
record [41] 2/4 2/5 2/20 8/8 23/12
24/19 24/20 37/1 38/20 56/1 57/5
59/13 59/18 59/21 62/6 65/5 66/11
66/12 75/6 75/6 80/15 81/13 81/22
84/19 86/16 89/19 90/2 95/10 96/9
98/17 103/4 104/9 108/18 108/25
109/2 110/18 110/20 110/20 113/15
113/16 114/18
recording [2] 59/1 59/5
records [39] 22/12 22/20 24/6 24/14
25/14 29/14 29/16 35/4 36/6 58/13
59/7 59/11 59/16 59/23 60/4 60/6
60/15 62/13 62/19 66/23 75/7 76/7
76/9 76/20 76/21 76/25 76/25 77/3
77/9 77/20 79/22 83/24 85/9 85/10
85/13 85/24 85/24 85/25 86/5
recross [2] 19/19 19/22
RECROSS-EXAMINATION [1] 19/22
redact [1] 30/7
redirect [2] 19/11 90/22
reduced [1] 114/15
references [1] 87/11
referencing [1] 1/10
refusing [1] 50/22
rejoin [1] 47/12
related [13] 5/21 29/4 29/16 40/11
62/13 62/19 72/24 73/3 81/22 103/18
104/25 105/5 107/11
relates [1] 71/1
relationship [10] 3/8 3/19 4/1 4/4
12/23 13/1 13/12 13/19 15/2 15/11
release [1] 47/11
relevance [22] 28/11 28/13 29/2
42/20 43/13 75/11 77/25 78/6 78/9
78/10 78/11 79/19 80/20 81/18 84/2
84/16 85/4 85/8 86/7 86/19 86/22
87/2
relevant [18] 11/3 11/5 29/10 29/17
43/10 43/13 61/22 75/13 77/23 80/1
80/10 81/20 82/1 82/10 84/1 85/1
95/22 96/3
relief [1] 105/13
remainder [1] 36/14
remaining [1] 84/15
remember [4] 16/1 70/20 92/5 99/15
reminded [2] 48/3 113/11
remote [5] 94/25 104/7 105/14 108/5
124
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 125 of 129
R
remote... [1] 111/13
repeated [1] 99/4
rephrase [3] 61/20 85/7 100/18
reported [1] 114/9
reporter [9] 1/6 1/11 1/17 1/22 1/22
114/4 114/5 114/5 114/24
REPORTER'S [1] 114/2
represent [2] 48/23 97/21
request [2] 36/13 49/24
requesting [1] 49/4
requests [3] 60/5 60/11 66/23
require [1] 47/4
required [1] 109/7
residence [4] 85/19 89/10 89/13
89/16
residential [4] 83/17 88/11 88/21
89/6
resolution [1] 49/9
respond [5] 16/21 17/2 109/3 109/7
109/10
response [10] 25/5 25/22 45/19 67/1
67/2 76/2 86/3 86/4 98/19 107/23
responses [2] 27/22 27/23
restaurants [1] 9/23
restricted [1] 1/6
reswear [1] 97/14
retention [8] 27/8 27/9 59/14 59/16
59/18 59/21 69/24 86/5
review [9] 22/20 58/4 58/6 58/7
58/10 58/13 58/16 58/19 62/25
reviewed [14] 22/3 22/19 23/22 34/23
34/25 35/15 36/1 37/25 37/25 40/24
46/12 59/1 67/24 75/24
Ricky [4] 48/21 93/6 97/11 97/16
Ridge [1] 88/8
right [123]
right-hand [6] 44/7 67/10 67/15 70/5
71/15 88/5
rightfully [1] 52/10
rights [6] 92/2 92/8 93/12 93/16
108/8 110/16
Ring [1] 12/15
rises [1] 105/23
risk [3] 104/6 111/3 111/13
road [2] 49/20 80/25
romantically [1] 13/19
roughly [1] 84/12
routine [1] 106/10
row [1] 45/25
RPR [1] 114/23
rule [3] 50/9 81/9 87/6
run [1] 95/12
S
S.W [1] 1/23
said [24] 6/24 7/14 9/13 12/17 13/7
14/6 15/22 17/17 25/13 28/5 33/24
51/11 51/18 52/2 52/8 53/13 59/4
63/17 76/9 76/11 76/12 104/15 108/25
114/14
same [27] 15/5 29/8 32/20 33/7 45/18
45/19 47/21 73/18 74/3 74/7 74/10
74/13 74/14 74/23 75/16 75/18 83/25
85/12 89/6 89/9 89/12 89/15 90/9
99/1 104/14 107/4 111/7
Samir [4] 1/16 9/10 57/22 72/6
Saraliene [1] 1/19
saw [1] 64/6
say [39] 12/1 12/2 13/5 13/9 14/16
14/17 15/1 15/2 15/12 15/20 27/1
27/7 28/3 30/24 40/21 50/10 50/13
50/22 51/1 51/4 51/6 51/14 52/7
52/10 52/14 53/21 58/19 62/11 67/23
72/6 72/10 72/15 74/17 82/7 97/4
97/5 109/1 109/5 109/11
saying [9] 5/4 5/21 7/5 7/13 16/3
16/23 17/23 52/23 63/13
says [24] 3/16 3/16 26/25 27/2 32/8
34/13 40/12 40/14 40/15 45/4 46/1
65/25 70/6 70/12 70/12 72/13 77/2
78/4 81/23 86/4 86/10 90/4 104/21
106/11
scenario [1] 102/24
scheme [1] 100/3
school [1] 20/7
scope [1] 10/22
screen [8] 30/14 30/16 32/14 32/15
61/1 61/5 67/12 87/24
screenshot [4] 6/11 38/24 40/25
44/23
screenshots [7] 14/12 37/14 37/25
38/15 38/19 38/23 39/9
screenshotted [1] 5/1
scroll [1] 65/11
seat [1] 102/14
seated [11] 2/10 48/14 48/15 54/13
56/7 79/10 87/16 91/22 97/9 102/13
112/10
second [6] 9/1 24/19 46/17 63/25
85/16 90/23
Secretary [1] 23/11
section [3] 65/15 71/13 104/23
security [1] 30/6
see [36] 17/23 29/17 31/13 31/20
31/24 33/10 33/14 33/15 33/22 34/5
34/13 41/20 41/23 42/4 44/7 49/24
53/17 56/8 60/24 61/5 61/10 64/3
65/14 68/22 70/22 73/3 73/5 74/1
76/14 79/2 79/21 83/1 85/4 87/24
88/23 103/4
seeing [2] 14/21 97/4
seek [1] 107/19
seeking [1] 24/11
seem [2] 83/3 110/14
seems [6] 53/15 86/16 92/16 96/23
104/5 110/1
seen [13] 10/19 23/8 24/5 27/14
64/13 64/14 69/7 74/3 75/23 77/6
78/2 92/15 107/3
self [3] 80/15 80/19 110/6
self-authenticating [2] 80/15 80/19
self-incrimination [1] 110/6
send [4] 5/20 47/2 54/23 72/4
sends [1] 72/12
sense [4] 47/6 63/14 71/25 84/20
sent [12] 5/2 5/16 7/17 11/14 11/16
12/5 14/12 55/14 66/1 69/2 92/13
94/9
sentenced [2] 53/4 105/9
sentencing [5] 49/2 51/19 51/25 53/1
107/20
separately [1] 57/5
sequence [2] 47/12 47/20
series [1] 83/8
serious [2] 15/10 19/1
service [2] 90/7 90/9
services [8] 20/3 23/12 23/25 65/7
75/5 76/25 82/12 90/15
session [11] 1/5 98/8 101/17 101/20
101/24 102/7 103/8 103/16 105/6
107/2 110/10
set [3] 29/7 30/13 70/2
seven [1] 34/24
several [6] 4/9 4/12 12/18 22/24
80/21 83/8
shaking [1] 94/21
she [56] 3/16 3/16 4/10 4/20 4/21
4/21 5/4 5/16 5/20 5/20 6/9 6/16
7/17 11/1 11/2 12/15 12/18 12/23
13/7 13/10 13/13 14/3 14/8 14/9
15/23 16/2 29/7 30/13 49/13 50/12
50/16 75/23 75/24 76/9 76/9 76/11
76/11 76/12 76/12 76/14 78/2 78/4
80/16 81/2 86/17 93/11 98/16 98/17
98/25 99/1 99/2 99/4 99/6 108/19
108/22 108/25
she's [3] 3/16 44/12 75/24
sheets [1] 70/18
short [5] 47/25 51/19 52/3 79/22
91/15
shots [1] 5/1
should [15] 8/18 22/23 22/24 22/25
50/9 62/16 68/22 82/24 84/4 92/8
92/9 93/12 96/23 97/1 97/3
show [29] 6/9 14/13 25/13 26/22 30/9
40/7 41/5 41/6 42/6 43/6 43/8 44/6
44/7 45/1 46/5 60/25 67/14 73/12
73/20 74/25 75/14 83/16 83/24 83/25
84/2 85/5 85/11 85/19 111/10
showed [2] 24/14 73/13
showing [5] 4/24 30/22 61/4 77/21
86/16
shows [6] 42/23 43/7 43/9 71/8 82/1
85/18
side [5] 44/7 67/10 67/15 70/5 88/5
signature [9] 27/20 29/15 30/12
31/24 31/25 32/18 33/7 34/8 34/17
signed [3] 30/13 32/13 33/5
Simon [1] 46/1
simple [1] 17/25
simply [1] 60/4
since [17] 3/10 3/10 4/2 4/16 4/16
11/2 18/16 69/1 72/10 87/5 104/13
104/18 104/18 104/19 105/12 105/21
110/1
single [2] 40/25 89/3
sir [8] 57/21 58/2 59/3 91/18 92/20
93/17 102/19 113/6
situation [3] 50/20 50/24 82/4
sleeping [1] 5/22
snatch [1] 60/23
social [1] 30/6
software [1] 71/9
solve [1] 8/19
some [22] 14/8 22/19 37/4 55/14
55/17 57/23 61/7 67/9 67/16 78/18
78/18 79/22 84/16 86/22 91/7 92/13
93/21 93/25 94/10 95/3 108/19 109/17
somebody [7] 10/10 12/9 12/11 60/23
68/8 72/15 72/18
somebody's [1] 77/14
somehow [1] 105/13
someone [7] 15/7 34/17 49/19 50/25
52/23 62/18 91/25
someone's [1] 50/25
something [20] 13/5 13/24 14/17
14/19 15/10 17/19 23/1 48/5 51/1
51/6 52/13 52/23 60/22 66/9 71/6
72/12 74/17 80/4 104/6 107/6
sometime [3] 9/20 10/16 60/12
sometimes [12] 4/22 11/25 12/1 16/13
17/10 17/15 17/16 17/21 17/21 17/25
18/1 91/13
somewhere [1] 63/16
sorry [22] 7/21 21/6 21/17 21/20
27/22 30/15 30/17 31/3 32/16 33/11
33/24 38/9 38/10 47/1 49/14 65/10
65/12 75/17 78/9 99/15 99/16 102/18
sort [6] 4/18 21/15 22/5 55/10 71/24
105/14
sought [1] 93/2
sounds [2] 81/8 84/13
south [1] 91/13
speak [7] 3/20 21/21 51/17 52/5
52/19 53/22 53/23
speaking [1] 8/2
special [1] 68/18
specific [3] 38/24 102/3 110/24
specifically [5] 43/6 63/17 80/17
85/25 104/21
speculation [1] 100/16
speculative [6] 94/25 104/7 105/15
108/5 109/1 111/13
spell [3] 2/19 2/24 2/25
spending [1] 11/22
spent [2] 17/8 86/23
spoke [2] 55/8 55/9
spoken [4] 50/11 50/21 108/23 108/24
spot [1] 20/10
spreadsheet [12] 40/9 41/24 42/11
42/16 43/10 43/25 45/14 69/11 69/13
71/3 71/4 71/9
spreadsheets [3] 37/5 69/5 69/7
spring [2] 9/20 10/16
stack [4] 79/17 80/9 80/13 80/13
stand [7] 75/25 96/1 96/7 96/23 97/3
106/11 107/5
standard [1] 94/16
start [4] 8/14 51/25 60/2 70/24
started [1] 10/17
starting [1] 65/24
state [6] 2/19 8/7 8/18 23/12 78/11
94/19
stated [1] 108/9
statement [15] 6/15 7/1 30/20 30/22
30/23 34/2 103/25 105/6 105/11
106/17 106/19 107/10 107/23 109/8
111/10
statements [14] 6/5 6/23 49/6 52/20
125
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 126 of 129
S
statements... [10] 52/20 52/24 53/11
53/14 103/19 103/22 104/12 104/16
107/21 108/19
STATES [7] 1/1 1/4 1/11 1/23 104/22
114/6 114/11
stating [2] 81/13 98/16
status [2] 4/4 15/4
statute [1] 103/23
Stenograph [1] 114/9
stenographic [3] 1/17 114/2 114/4
step [9] 20/17 48/5 48/11 62/11
78/22 78/24 91/2 102/11 113/6
Steve [2] 48/22 49/1
still [10] 41/6 52/24 56/8 72/12
78/2 80/8 82/10 84/25 85/5 86/22
stipulate [1] 82/5
Stites [2] 104/15 107/2
stop [1] 53/25
strategy [1] 109/9
strike [1] 6/2
stuck [1] 49/7
stuff [2] 5/21 11/23
subexhibit [1] 36/13
subexhibits [6] 35/1 35/16 36/2 37/4
37/24 39/11
subject [2] 53/8 106/22
subjects [1] 111/2
subpoena [5] 24/8 25/17 27/24 85/24
86/12
subpoenaed [1] 85/25
subscriber [6] 26/22 26/25 81/23
86/12 90/4 90/16
subsequent [2] 52/21 53/5
substantially [1] 87/1
substantive [1] 48/6
successful [1] 5/10
such [5] 77/9 95/1 95/25 106/22
111/8
suggested [2] 47/20 106/21
suggesting [1] 54/19
suggestion [1] 110/3
sure [9] 11/5 53/20 57/1 57/7 57/25
66/10 69/21 78/13 91/24
surprise [1] 68/3
suspicions [1] 103/4
Sustained [1] 6/18
swear [1] 93/4
sworn [5] 2/16 21/1 93/7 97/17 107/4
T
tab [5] 37/14 39/2 39/10 40/9 71/2
take [19] 36/9 37/14 47/7 48/3 54/7
54/18 62/11 63/22 75/2 82/8 83/15
84/9 84/9 87/22 89/22 91/9 91/15
102/14 113/10
taken [2] 82/23 87/4
takes [1] 54/24
taking [2] 83/3 84/14
Tal [1] 1/16
talk [8] 30/3 51/6 51/10 51/15 54/1
59/7 67/5 110/25
talked [5] 60/21 64/25 67/15 70/3
89/18
talking [5] 3/10 8/14 20/11 63/17
72/11
tasks [1] 62/24
team [1] 108/23
technology [1] 1/18
Ted [1] 1/23
TELDRIN [40] 1/7 3/4 3/6 6/17 7/7
9/14 11/17 16/13 18/16 19/13 24/5
24/25 31/25 32/10 33/2 34/11 59/2
64/21 66/3 66/4 66/4 75/7 76/18
76/21 78/13 78/14 82/8 88/3 90/15
100/7 100/10 100/22 100/25 101/4
106/1 106/3 109/18 110/25 112/18
114/12
Teldrin's [1] 5/17
Teldrin23 [2] 24/12 35/12
Telegram [1] 58/10
tell [32] 13/14 15/5 15/6 18/21 21/4
21/7 23/10 25/4 27/3 27/4 27/19
30/12 30/23 31/5 31/10 32/12 35/15
37/24 40/11 40/14 40/17 64/16 64/17
72/21 73/14 75/4 89/23 100/21 100/24
101/18 109/18 110/24
teller [2] 34/14 34/16
telling [3] 4/23 91/12 107/7
template [3] 74/16 74/19 74/21
tendered [1] 85/13
tendering [1] 29/18
terms [5] 58/23 59/24 63/5 63/18
81/18
Terrace [1] 88/8
test [1] 68/22
testified [12] 2/16 11/1 19/24 21/1
63/6 69/19 69/21 76/24 92/2 93/7
97/17 111/8
testify [10] 48/25 49/13 50/7 50/10
50/23 106/14 106/22 110/2 111/1
111/19
testifying [2] 99/6 106/23
testimony [16] 11/3 14/3 46/23 49/15
53/9 63/5 63/8 63/10 63/16 83/21
85/17 91/11 96/18 106/16 108/4
108/20
text [2] 16/18 17/1
texted [1] 16/20
texts [1] 16/21
than [6] 5/19 5/20 19/14 57/3 58/16
83/24
thank [57] 7/2 8/10 11/9 12/8 18/13
19/6 20/14 20/18 20/24 21/24 23/20
26/17 27/10 28/9 30/1 30/19 32/5
34/20 36/9 36/25 40/4 41/19 45/10
45/21 48/9 48/11 50/1 50/6 54/3
54/10 56/4 56/24 57/10 57/15 66/20
76/6 81/12 90/20 91/1 91/3 91/19
96/15 97/13 99/9 99/14 99/21 104/10
110/3 112/4 112/11 112/14 112/21
113/4 113/6 113/7 113/13 113/20
that [513]
that's [43] 11/5 17/5 18/3 19/3 20/2
22/4 31/14 37/15 39/3 44/3 45/6
47/14 47/22 49/20 50/14 51/13 54/2
57/10 60/22 64/6 64/18 67/3 72/10
74/16 76/20 76/21 77/2 78/16 86/23
88/11 91/14 94/12 94/19 94/24 103/13
103/13 104/6 106/9 107/10 108/3
111/12 111/20 113/1
theft [2] 98/4 107/12
their [8] 4/4 19/2 36/1 75/6 75/6
86/10 106/6 113/18
them [21] 2/8 14/12 28/16 29/18 40/7
40/7 47/17 54/23 57/7 70/19 70/22
76/10 76/12 76/15 78/3 79/17 80/6
80/9 80/13 83/6 104/3
then [43] 6/14 16/9 17/15 28/5 41/13
45/15 47/6 47/16 47/20 47/22 50/9
52/20 52/24 54/1 54/5 54/18 54/21
55/7 55/23 61/14 63/25 64/9 74/22
80/7 84/10 84/11 85/16 86/14 89/9
89/12 89/15 90/7 91/10 92/8 92/9
95/9 95/13 99/3 99/12 103/5 105/13
111/18 112/6
there [83] 8/1 14/20 18/4 22/23
22/24 25/13 26/9 27/5 29/5 29/16
34/13 42/14 44/25 46/2 46/12 46/13
46/20 46/22 50/4 54/11 54/14 54/21
58/22 58/23 58/23 59/8 59/11 59/13
59/15 59/18 60/2 60/8 60/23 61/24
62/4 63/2 63/15 65/25 66/10 66/11
66/13 67/9 68/21 69/4 69/18 70/17
70/17 70/19 76/1 77/2 78/17 78/18
79/21 79/23 80/7 81/3 82/11 82/14
83/23 84/16 84/25 85/5 85/7 86/7
86/22 87/9 88/5 88/21 89/20 91/7
96/1 103/8 103/21 105/10 105/19
106/6 106/15 106/15 106/17 108/9
108/12 108/12 113/22
there's [2] 53/17 95/7
therefore [1] 111/2
these [32] 23/25 24/4 27/14 29/10
29/16 29/20 30/7 35/15 37/24 38/21
42/8 43/13 60/5 62/1 63/9 67/15 70/5
70/17 70/17 83/11 83/16 83/24 85/10
89/4 99/7 101/4 103/20 104/15 104/17
104/19 105/7 106/16
they [46] 7/10 7/14 27/19 27/21
27/23 28/14 29/3 29/17 29/17 31/8
32/20 35/7 35/12 36/8 36/17 39/2
39/10 39/13 41/2 41/4 43/13 47/22
49/19 52/7 52/15 52/17 53/9 53/13
55/9 59/14 60/15 70/18 75/8 76/9
80/6 82/7 83/8 83/25 84/2 87/5 95/2
103/3 103/5 104/9 104/18 105/3
they're [7] 29/23 39/16 43/18 53/12
56/21 78/14 79/15
thing [4] 33/25 61/14 63/6 108/18
things [12] 12/2 12/4 53/9 53/13
58/19 58/20 58/22 67/9 83/13 91/13
94/14 106/2
think [72] 4/13 16/22 23/1 29/10
34/21 38/25 39/6 42/21 47/4 47/5
47/15 48/16 50/24 51/8 51/8 53/22
54/16 55/4 55/16 55/18 59/8 59/10
67/11 70/12 70/13 71/18 76/1 76/11
77/24 77/25 78/18 79/17 79/19 80/8
80/9 80/22 81/4 82/14 82/22 83/10
83/23 86/6 86/19 86/22 86/25 87/5
87/8 91/8 93/3 93/25 94/12 94/16
95/4 95/19 95/24 97/1 97/3 99/18
103/5 105/14 105/18 105/22 106/4
106/5 106/19 107/10 107/25 108/3
108/4 108/6 108/7 111/2
thinks [1] 95/16
third [2] 61/4 64/1
this [178]
Thomas [14] 12/9 24/2 24/3 98/13
98/24 99/17 99/24 100/3 100/24 106/2
106/3 109/18 110/24 112/17
those [67] 4/18 7/9 14/14 16/21 22/7
28/17 29/1 31/5 31/10 35/4 36/1 36/3
36/5 37/7 37/18 37/18 38/13 38/14
38/15 39/9 42/10 42/15 44/10 52/20
52/24 55/1 58/17 59/11 59/23 59/24
60/4 60/5 60/11 61/12 61/18 61/21
63/1 63/12 67/10 70/9 72/11 75/7
75/14 76/20 76/21 76/24 77/17 77/22
78/4 81/1 83/7 84/6 84/14 84/17 85/2
86/1 87/11 94/7 100/7 101/6 102/21
103/19 103/22 105/25 106/2 108/8
108/10
though [2] 15/3 16/25
thought [3] 56/9 98/25 102/25
three [12] 42/14 60/11 65/23 65/24
74/4 82/23 82/25 83/4 84/7 84/11
87/5 87/11
through [43] 3/16 6/16 7/6 12/5 23/1
24/4 27/12 27/21 27/23 28/2 28/3
28/4 35/18 35/18 35/20 35/20 35/21
35/22 35/23 35/23 35/24 35/24 36/19
36/20 36/20 36/21 36/21 36/22 36/22
36/22 36/23 36/23 40/6 42/7 42/13
42/19 57/1 57/8 61/7 70/16 89/3
90/10 92/9
throughout [1] 83/19
thumb [1] 37/15
till [2] 14/16 14/17
time [38] 5/13 5/14 5/15 10/8 10/9
10/14 14/19 16/22 16/24 17/8 17/12
18/25 20/4 20/6 42/22 46/20 54/8
60/14 65/21 68/7 68/10 73/2 73/9
73/10 73/16 73/18 73/21 73/22 74/3
74/7 74/21 75/25 82/2 86/23 100/11
109/25 112/1 112/2
timeframe [6] 9/19 11/11 43/11 79/22
83/19 85/20
times [10] 4/9 4/12 4/13 12/17 12/18
14/6 17/10 57/25 74/17 74/22
today [14] 49/6 63/6 63/8 63/9 63/18
63/18 83/21 97/22 103/19 104/18
106/12 106/16 106/23 107/21
together [1] 5/22
told [4] 15/12 58/4 100/10 112/17
too [1] 72/19
took [4] 68/16 101/20 101/25 102/23
tooken [1] 14/12
tool [1] 71/25
top [2] 30/24 65/6
transaction [1] 65/19
transactional [1] 49/6
transactions [1] 84/17
transcript [7] 1/3 1/9 1/11 1/13
1/19 1/10 114/17
transcripts [1] 1/5
transfer [6] 31/6 31/7 31/14 31/16
33/15 33/19
transfers [2] 31/8 61/16
126
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 127 of 129
T
Treasury [1] 31/21
trial [7] 1/10 52/21 82/8 97/5
105/14 107/16 107/16
trigger [2] 55/13 55/19
trouble [2] 28/16 61/2
true [11] 9/19 10/16 42/13 42/15
74/13 74/16 100/2 100/6 100/6 106/2
114/17
truth [4] 6/9 6/14 6/17 6/18
try [4] 24/24 25/17 73/1 83/12
trying [3] 17/23 17/24 26/11
TUESDAY [2] 1/12 114/10
turn [6] 24/17 25/20 27/11 53/17
53/17 60/18
Turner [1] 1/23
turning [4] 32/6 32/22 44/6 88/20
TV [1] 20/3
twice [6] 4/14 4/15 4/17 14/7 14/8
15/23
two [6] 12/18 82/23 83/3 86/8 87/4
87/11
type [5] 74/23 77/8 77/12 77/16 94/2
types [1] 93/24
typewritten [1] 114/15
U
U.S [1] 1/19
Uber [1] 20/5
um [8] 5/21 11/18 11/21 59/9 66/24
68/15 71/10 72/20
Um-h'm [5] 59/9 66/24 68/15 71/10
72/20
unavailable [2] 49/13 50/9
under [8] 30/24 32/8 40/11 50/9
84/15 93/12 102/17 106/19
underlying [1] 6/17
understand [9] 8/9 17/24 26/11 84/11
92/15 93/15 106/8 111/18 112/24
understanding [5] 55/8 69/22 70/13
86/16 111/20
unduly [1] 80/10
unfair [2] 84/16 87/1
UNITED [7] 1/23 1/4 1/11 1/23 104/22
114/6 114/11
unless [1] 72/15
unpack [2] 5/3 14/14
until [3] 20/8 85/10 113/10
untruthful [4] 53/14 103/21 107/3
108/11
up [30] 4/25 16/22 16/24 17/1 28/16
28/18 29/7 30/6 30/13 38/24 42/11
49/14 53/10 54/18 60/23 63/24 64/10
64/11 65/2 66/10 66/12 66/13 68/11
70/25 77/13 86/18 89/20 92/5 96/23
109/10
update [3] 55/1 55/6 56/5
upset [2] 12/23 12/25
urging [2] 50/24 50/25
us [16] 14/10 15/10 21/4 21/7 22/12
27/3 27/4 27/19 33/9 51/10 72/21
80/18 92/6 93/19 104/16 111/25
use [14] 5/7 16/10 19/16 20/3 20/3
20/5 20/6 20/8 20/10 52/21 69/14
69/16 74/17 111/9
used [3] 1/18 74/16 74/22
user [2] 71/8 71/12
users [1] 70/8
uses [4] 11/25 11/25 12/1 72/9
using [5] 11/12 11/19 12/6 71/25
72/2
V
vacate [1] 107/14
value [2] 80/11 86/25
various [1] 102/21
verify [1] 14/10
version [11] 44/6 44/21 45/1 45/12
45/15 46/13 57/2 67/16 67/20 69/18
69/19
versions [8] 42/14 43/6 43/8 44/8
44/10 44/18 57/1 69/23
versus [5] 93/25 94/2 94/25 95/5
96/14
very [13] 35/14 44/15 51/19 52/3
56/14 57/9 91/9 92/7 93/18 100/19
108/6 108/6 112/23
via [1] 48/22
Vining [1] 88/8
VOLUME [1] 1/5
vs [1] 1/5
W
wait [1] 51/17
waiting [2] 18/4 56/3
Walk [6] 25/18 81/19 86/15 88/17
88/25 90/10
Walker [2] 51/19 52/3
want [39] 8/17 12/2 13/5 14/16 14/16
15/1 35/15 40/7 46/22 47/2 47/17
49/19 50/19 51/4 51/4 51/5 51/10
52/5 52/6 52/10 54/18 55/6 57/4 67/5
72/24 75/21 80/6 84/6 92/1 101/18
102/16 102/19 103/3 108/17 108/25
109/9 109/20 110/17 110/20
wanted [7] 56/12 57/1 66/9 67/16
69/13 79/12 99/11
wanting [1] 85/5
wants [5] 49/21 52/8 53/23 54/1
83/14
was [93] 1/18 2/2 7/5 8/13 12/23
13/6 13/10 13/11 13/14 14/21 15/6
16/2 18/1 18/7 18/17 20/9 20/9 31/25
32/13 34/13 40/17 41/10 41/17 42/4
42/21 43/9 43/9 43/12 46/13 48/17
49/1 50/14 51/11 52/2 54/11 54/19
56/13 57/2 58/23 59/8 60/12 60/14
61/14 62/24 63/15 65/20 66/6 66/11
67/2 67/11 67/25 68/4 68/9 68/13
68/20 68/21 68/21 68/24 69/2 70/19
71/9 73/23 74/21 76/11 80/2 81/8
83/23 85/3 85/5 86/3 86/20 89/19
91/24 91/25 92/4 92/6 92/22 94/18
95/11 98/23 99/19 99/19 101/13 103/6
103/7 103/8 104/12 105/1 107/3 107/7
108/12 110/4 113/22
was cross-examining [1] 48/17
wasn't [4] 15/3 18/4 60/8 68/9
way [9] 15/5 51/5 52/16 69/10 85/12
95/7 95/12 95/15 110/11
ways [2] 80/21 95/7
we [172]
we'll [6] 47/22 49/20 55/7 55/23
92/18 103/5
we're [14] 5/22 5/22 17/19 30/3 35/3
36/12 40/6 40/8 44/2 55/19 56/3
78/12 95/21 113/15
Webster [53] 1/19 6/7 7/3 8/5 8/16
11/4 19/10 24/22 26/3 28/3 28/12
39/5 41/17 43/2 43/4 48/15 56/8
70/25 72/9 72/12 73/13 75/21 76/5
78/1 79/12 81/3 82/22 84/11 85/22
91/24 92/4 93/2 93/10 93/19 94/9
94/21 95/9 97/21 98/18 98/19 100/17
101/14 102/14 104/2 108/19 108/22
109/3 109/5 110/5 110/17 111/14
111/23 112/12
Webster's [2] 96/13 107/23
week [2] 83/1 84/12
welcome [1] 96/11
well [43] 6/13 9/20 10/14 12/2 14/13
14/16 15/1 17/8 19/25 20/24 21/22
44/15 47/9 50/4 51/7 51/8 54/19 55/7
55/15 57/9 60/25 61/24 62/11 63/22
64/16 67/3 69/10 72/1 72/15 77/19
78/8 82/22 88/22 92/1 92/7 92/18
92/23 93/18 99/2 100/19 108/24
111/22 112/23
went [9] 12/18 33/19 49/2 61/7 70/16
72/15 90/10 102/22 108/8
were [56] 5/10 7/9 7/10 7/14 8/14
8/22 11/6 12/24 13/8 13/8 14/20 15/3
15/4 18/5 18/7 21/15 21/18 22/1
24/11 25/14 26/11 35/11 56/9 58/4
58/5 58/8 58/19 59/10 59/11 59/13
59/14 60/5 60/11 61/21 61/22 61/24
66/23 67/9 70/17 70/17 70/18 76/7
76/9 76/9 84/25 86/5 94/7 98/1
103/17 103/20 103/22 104/12 106/2
107/8 108/10 114/15
weren't [1] 22/5
what [97] 6/14 6/23 7/5 7/13 8/14
10/6 11/2 14/9 16/23 17/17 17/18
21/5 21/7 22/4 23/10 25/4 27/3 27/19
30/13 30/15 30/23 31/5 31/16 32/6
32/13 38/24 41/17 42/4 42/6 42/10
42/16 43/7 43/9 43/9 43/24 46/5
49/17 50/10 50/12 50/18 50/22 52/7
53/8 53/12 54/19 57/5 58/23 59/4
59/24 62/9 62/21 63/17 64/16 64/17
65/25 69/19 69/24 70/5 70/6 70/8
70/8 70/12 71/12 72/10 73/7 73/14
73/23 75/4 76/8 76/9 76/20 77/2 80/2
80/4 81/2 83/10 88/1 91/9 91/12
91/14 92/9 95/4 96/24 102/19 102/20
103/4 103/14 103/14 105/24 107/12
108/8 108/9 108/19 108/25 109/1
109/4 110/14
what's [13] 4/4 12/21 24/17 26/2
45/25 64/22 66/2 73/9 73/16 73/20
74/25 94/1 98/19
whatever [3] 14/11 15/2 95/15
WhatsApp [2] 58/7 68/20
when [42] 8/1 10/6 11/5 12/25 13/3
13/17 13/19 16/12 16/20 17/1 17/8
18/23 19/1 19/3 31/23 40/14 40/17
42/11 43/7 43/24 44/17 46/12 51/25
60/11 62/17 62/21 64/9 65/20 66/23
67/22 67/22 67/25 68/9 68/14 69/22
72/11 77/13 85/14 86/20 92/13 93/10
94/3
whenever [1] 69/2
where [15] 26/25 32/8 34/13 40/11
40/12 49/24 54/25 61/10 70/6 81/23
82/5 86/20 94/1 95/1 105/7
whether [19] 49/18 53/23 54/2 59/11
63/2 70/11 82/15 95/10 95/25 96/19
101/13 101/19 101/21 101/24 102/6
102/23 103/8 108/2 110/2
which [36] 11/12 19/25 38/19 38/24
43/10 50/20 50/24 53/14 54/24 60/15
71/9 73/13 79/25 81/21 82/16 84/6
86/17 87/5 93/14 93/24 93/24 93/25
94/4 94/13 95/5 95/5 95/22 102/24
104/20 104/25 105/5 107/6 107/12
107/16 107/17 109/15
while [6] 6/6 18/4 48/17 91/23 95/13
105/10
who [16] 23/24 26/22 31/8 32/8 34/17
40/12 40/15 52/12 64/20 69/5 81/4
86/20 92/5 92/18 100/10 104/8
why [17] 7/13 7/14 8/16 12/22 15/23
16/4 29/10 48/1 48/2 54/7 63/22
82/25 83/1 83/12 84/18 86/17 110/11
wide [2] 68/24 69/1
wide-open [2] 68/24 69/1
will [20] 1/6 5/20 7/1 14/9 17/16
30/7 46/22 49/2 54/8 54/16 54/17
56/14 57/7 79/20 84/19 87/23 94/14
95/2 110/19 112/6
willing [2] 48/25 55/10
wipe [1] 72/19
wiped [1] 72/18
wish [1] 49/1
wishes [1] 110/2
withdraw [5] 9/20 10/14 36/13 72/1
88/1
withdrawal [2] 34/14 34/17
withdrawals [2] 33/12 34/6
withdrawn [1] 81/9
withdraws [1] 91/16
withdrew [4] 48/13 78/23 102/12
113/14
within [3] 79/22 83/8 103/22
without [5] 7/5 7/13 57/12 66/19
83/11
witness [33] 2/12 6/23 8/1 8/13 11/1
20/19 47/11 48/5 48/12 49/25 51/20
54/5 54/16 54/17 54/20 55/23 56/2
79/1 80/15 81/14 87/14 91/4 91/8
91/21 93/3 93/4 96/17 97/4 97/10
108/13 112/13 112/25 113/8
witness's [1] 91/11
witnesses [4] 22/6 51/22 110/2
111/15
wolff [4] 1/22 1/25 114/4 114/23
women [2] 14/21 15/13
word [4] 21/20 65/25 66/2 72/9
words [2] 65/23 65/24
127
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 128 of 129
W
work [5] 21/9 67/7 70/13 77/4 78/5
working [1] 9/11
worried [2] 53/1 103/11
worry [1] 40/6
would [95] 4/20 4/21 4/21 4/22 7/25
10/10 14/15 14/18 15/8 15/8 15/12
15/12 16/16 16/18 16/20 17/7 17/8
17/12 17/15 18/1 20/3 23/14 25/25
27/17 28/12 29/9 34/16 38/18 39/1
46/20 46/23 47/10 47/15 48/8 48/10
50/8 50/10 51/16 52/3 52/20 52/24
53/4 53/10 55/13 55/16 55/19 57/5
65/21 68/3 72/15 74/22 75/2 77/13
78/19 79/6 80/7 80/12 82/21 83/3
83/4 83/7 85/15 87/8 87/8 87/9 87/10
91/9 95/17 95/21 95/22 96/2 101/21
102/10 102/25 103/3 104/9 105/9
105/12 106/22 107/6 107/9 107/15
107/17 107/22 108/20 109/1 109/4
109/14 109/15 109/17 109/25 110/5
110/14 111/4 111/24
wouldn't [2] 94/2 102/25
writ [1] 48/22
written [1] 36/3
wrong [3] 33/24 52/12 61/14
wrongfully [1] 52/10
Y
Yahoo [4] 25/5 25/13 59/8 59/18
yahoo.com [1] 24/25
yeah [5] 2/23 8/9 17/4 17/10 69/22
year [9] 4/14 4/15 4/17 14/7 14/8
14/17 15/23 18/22 60/12
yes [214]
yesterday [6] 42/21 49/12 50/15
67/24 67/25 68/8
yet [2] 88/23 99/18
you [552]
you'd [1] 94/9
you're [1] 80/23
you've [3] 9/16 12/17 57/25
your [203]
yourself [1] 93/13
Z
Zelle [8] 31/6 31/6 31/8 31/14 31/16
33/15 33/19 61/15
zoom [1] 73/1
128
Case 1:20-cr-00296-JPB-CMS Document 1040 Filed 06/17/24 Page 129 of 129File and source
- File
- gov.uscourts.gand.279867.1040.0.pdf
- Size
- 663,138 bytes
- SHA-256
- 4dbb74e22240a011ed98e64c0fc316496fda5299cdcd305e1d0b3b4db8d7ef82
- Original
- PACER (login required)