Attachment C — USA v. Crowther (Dkt. 140.3)

Record facts

U.S. District Court for the Middle District of Florida · No. 2:20-cr-00114 · Doc. 140-3 · 2021-04-09 · Docket on CourtListener

Full text

COMPOSITE 
ATTACHMENT 
“C” 
Case 2:20-cr-00114-JES-M_M     Document 140-3     Filed 04/09/21     Page 1 of 6 PageID
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UNITED STATES DISTRICT COURT 
MIDDLE DISTRICT OF FLORIDA 
FORT MYERS DIVISION 
 
 
UNITED STATES OF AMERICA,      ) Fort Myers, Florida 
                               ) 
                               ) Case 2:20-CR-114-FtM-66MRM 
Plaintiff                      ) 
                               ) Wednesday, March 24, 2021 
vs.                            ) 
                               ) 2:05 p.m. to 2:20 p.m. 
CASEY DAVID CROWTHER,          ) 
                               ) Courtroom 5D 
Defendant                      ) 
_______________________________)  
 
 
 
TRANSCRIPT OF JURY TRIAL CROSS-EXAMINATION OF KRISTEN DIIORIO 
 
HELD BEFORE THE HONORABLE JOHN E. STEELE, 
 
United States District Court Judge 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                            Official Court Reporter: 
                            Jeffrey G. Thomas, RPR, CRR 
                            2110 First Street, Suite 2-194 
                            Fort Myers, FL  33901 
                            Telephone:  (239) 461-2033 
 
 
(Proceedings reported by Stenotype; Transcript produced by 
computer-aided transcription.) 
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KYLE DECICCO - CROSS/WAID
A
I never really thought about it that way.  I just
figured the direction -- you know, being Casey's team, they
were just part of gathering the information on the checklist.
Q
Okay.  But the entire management team was involved in
that process; is that accurate?
A
Correct, um-hum.
Q
Now I want to go to the separate accounts briefly.
A
Um-hum.
Q
The PPP regulations don't require segregation of funds,
do they?
A
No.
Q
And where were you, at the time, as a bank, getting your
guidance from?
A
From our loan department.  Kyle DeCicco kind of headed
up that program with us.
Q
And, at the time that this was all going on back, you
know, late March early April, 2020, there was a lot of
confusion regarding the PPP; correct?
A
Correct.
Q
And everything was going extremely fast; correct?
A
Correct.
Q
And you were processing about how many applications at
that time?
A
Personally, I was working with about . . . I mean
throughout -- that was in the beginning, but, overall,
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KYLE DECICCO - CROSS/WAID
Q
I'm going to turn your attention and I'd ask to publish
what's already been entered into evidence as government's 27.
Court's indulgence.
(Ms. Waid and Mr. Dickerson confer privately.) 
BY MS. WAID: 
Q
For the record, this is actually Government's 31.  It's
already been put into evidence.
Now, this was the wire transfer to Steve Adkins; is that
right?
A
I'm sorry.  Yes, it was.
Q
Okay.  And Steve Adkins was a business partner of Casey
Crowther; is that correct?
A
Correct.
Q
And he was a prior owner of Target?
A
Correct.
Q
Mr. Adkins was also a client of Sanibel Captiva.
A
Correct.
Q
All right.  So you know who Steve Adkins is; correct?
A
I do, yes.
Q
And you weren't concerned when you saw this request;
correct?
A
No.
Q
And, in fact, didn't you assume, at the time, it was a
permissible expense under the bonus structure portion of the
payroll regs?
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KYLE DECICCO - CROSS/WAID
MR. REICHLING:  Objection, Your Honor.  Relevance.
THE COURT:  Overruled.
A
Sorry.  Would you mind repeating that one more time?
Q
Sure.  At the time that this was presented to the bank,
didn't you assume at the time it was a permissible expense
under the bonus structure portion of the regs?
A
Yes, I would say so.
Q
I want to go now to the wire itself, Number 31.  I'm
sorry, the wire itself.  Which has already been marked by the
government and put into evidence.  No not that.  The wire
itself.  All right.
So, when you were discussing the purpose of a wire.
A
Um-hum.
Q
The bank's required to obtain the password; correct?
A
Correct.
Q
The monetary amount; correct?
A
Correct.
Q
The amount and address for the attended transfer;
correct?
A
Correct, um-hum.
Q
The bank asked for a purpose; is that right?
A
Hum.
Q
And does the bank approve or disapprove the purpose of a
wire?
A
No.
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KYLE DECICCO - CROSS/WAID
Q
Does the bank verify the purpose of a wire?
A
No.
Q
Does the bank rely in any way upon the purpose of a
wire?
A
No.
Q
The bank could request more information about the
purpose.
A
Um-hum.
Q
Does that ever happen?
A
Not typically.
Q
Okay.  So would you say that the purpose of a wire is
akin almost to a memo line of a check?
A
Correct, um-hum.
Q
We can go back to 31.
(Evidence was published via the projector.) 
BY MS. WAID: 
Q
Okay.  So once you actually get all that information,
Miss DiIorio, you actually pass on that information to others
in the bank; is that accurate?
A
Correct.
Q
And where does that information go?
A
Well, it will first go, if I have somebody in office
that can approve my wire, I give the documents to them.
They'll review any attachments to make sure whatever I've put
into the system matches what was sent to us.  They will confirm
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