Attachment E — USA v. Crowther (Dkt. 140.5)

Record facts

U.S. District Court for the Middle District of Florida · No. 2:20-cr-00114 · Doc. 140-5 · 2021-04-09 · Docket on CourtListener

Full text

COMPOSITE 
ATTACHMENT 
“E” 
Case 2:20-cr-00114-JES-M_M     Document 140-5     Filed 04/09/21     Page 1 of 8 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                      ) 
 ) Thursday, March 25, 2021 
vs.                            ) 
  ) 1:02 p.m. to 1:48 p.m. 
CASEY DAVID CROWTHER,          ) 
  ) Courtroom 5D 
Defendant                      ) 
_______________________________)  
TRANSCRIPT OF JURY TRIAL CROSS-EXAMINATION OF DIANE KNOTT 
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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DIANE KNOTT - CROSS/DICKERSON
check into their bank account.  It may not reflect the same day
on the person who wrote the check, but the deposit is going to
be the day that you actually brought the check in and deposited
it into the bank.
Q
That's all I'm trying to ask.  I'm trying to get your
definition of what you used to do your summary.
A
Yes; which is what the bank statement would reflect.
Q
And I believe you also did a summary of payroll;
correct?
A
Yes.
Q
I believe that's Exhibit 164.  I apologize if I take
time trying to find it.
A
Okay.
Q
And that's Exhibit 164.  And what -- and again, is this
exhibit --
A
What is the exhibit?  The exhibit is a . . . just a
reflection of the withdrawals to Workforce Business Services
and the date that the transaction was made.
Q
And Workforce Business Services is the payroll; correct?
A
Correct.
Q
So this is -- I'm just trying to clear the -- if we look
at 4/20, that is the day that the payroll was paid, or
processed?  Do you know?  For your summary?
A
Since that has a column with check numbers in it, that
means that they wrote a check to Workforce Business Services.
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DIANE KNOTT - CROSS/DICKERSON
So you'd have to look at the actual check to see the date they
wrote the check.  That would be the date that the check
actually cleared the bank.
Q
So the date is just the date of the check; correct?
A
No.  The date is the date that it cleared the bank.
Q
All right.  So, on your report here, summary, the date
is when it cleared, the check number, but you don't have the
date of the check.
A
I could look at the actual check and look at the date of
the check.
Q
Okay.  So you could make a review and make that
determination.
A
Sure.
Q
Can you do this?  Do you have the ability to total up
any numbers on your summary report?  I doubt you have a
calculator or anything; correct?
A
No, I don't.
Q
Okay.  What if you were to take from April 24th, 2020,
the top of the chart, down to 8/13/2020, what would be -- and I
know you can't do it in your head.  Do you know what the sum of
those payroll expenses would be?
A
Can I have a calculator?
Q
I can give you my iPhone if you would like to use it.
MR. REICHLING:  I'm going to object.  This is a waste
of time.  To use it to do calculations?  What point is the
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DIANE KNOTT - CROSS/DICKERSON
defense trying to make here?  I'm trying to figure it out.
THE COURT:  Well, the objection is overruled.
To the extent you've got a calculator and want to
give it to her, or an iPhone with a calculator, you may do so.
MR. DICKERSON:  Thank you, Your Honor.
(Mr. Dickerson provided an iPhone to the Courtroom 
Deputy, who cleaned it and provided it to the witness, who 
uses the iPhone to make mathematical calculations.) 
THE WITNESS:  Okay.  It's a rough calculation.  I
didn't put in the pennies.
MR. DICKERSON:  I accept that.
THE WITNESS:  It's, I come up with $3,001,287.
MR. DICKERSON:  Okay.  And keep that open because
then we'll go back to those deposits.
BY MR. DICKERSON: 
Q
If you could, the sum of the deposits from 4/23, do you
want me to read them off for you, or I can just enlarge it for
you?
A
Yes, please.
Q
Okay.  63,352.
A
Okay.
Q
I'm going to the next one, ma'am.
A
Oh.
Q
192,621.
A
Okay.
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DIANE KNOTT - CROSS/DICKERSON
A
I looked at all the deposits.
Q
All right.  So that one deposit in the Bank of America
bank record was not pointed out to you for you to review?
A
I mean, it was -- it was discussed, but I -- I reviewed
the entire account, but it was discussed.  I mean, when I make
a deposit like that, I'll look at all the deposit items and
indicate what's reflected on the records.
Q
Other than that one deposit of $942.90 -- and it's
Exhibit 156 if you need to look at it.
A
156.  Is it -- are you talking about the deposit item?
Q
I'm talking it's the Bank of America, Government's
Exhibit 156, it looks like a summary that you created --
A
Oh, I'm sorry.  I thought you were talking about the
actual deposit item.  Yes, I have it.
Q
Okay.  With regard to this Bank of America account, is
it your understanding that this account was opened on
3/13/2020?
A
No.
Q
So I guess I'm asking why does this account analysis
start on 3/13/20 and the other analyses for the other accounts
start on January 1st, 2020?
A
Probably because I actually was running out of time.  I
just -- I have another job that I was doing, and I just didn't
have the time; and the deposits before that timeframe just did
not appear relevant to the case, so I started it with 3/13,
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DIANE KNOTT - CROSS/DICKERSON
because that's when the bank statements for March started.
Q
How much time did you have to perform this summer?
A
To perform this particular summary?
Q
All of the summaries.
A
A couple of months.  But I'm working another job that I
work 50 hours a week.
Q
Okay.  So this is like a side job, then?
A
Yes.
Q
And so, for this document, did you have the statements
starting in January, 2020?
A
Yes.
Q
All right.  So this is just an example you chose to make
your summary to start at 3/13/2020.
A
Correct.
MR. DICKERSON:  Could I publish, Your Honor?  Thank
you.
BY MR. DICKERSON: 
Q
And this is the account that the $942.90 was deposited
in; correct?
A
Correct.
Q
Do you recall the date?
A
I believe it was August 20th, I want to say.
August 20th, yes.  On Page 5.
Q
If you need to, please do, but is there anywhere else in
your summaries where there's any other deposit by Mr. Casey
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DIANE KNOTT - CROSS/DICKERSON
A
No.  Because I didn't believe those were covered under
the PPP reimbursement.
Q
And have you read the interim rule from February 25th,
2021?
A
There's many, many rules, so I can't say I've read them
all, no.
Q
I'm just specifically asking -- that was a month ago.
Did you read the interim rule from February 25th, 2021?
A
No.
Q
So you're unaware that, if you are going to do an
analysis on allowable -- reimbursable PPP expenses, that
supplier cost are included?
A
I'm not aware of what was -- what was included as of
February 5th.
Q
Have you read and reviewed every interim rule regarding
application of forgiveness?
A
No.  Not every one, no.
Q
Did you include any covered worker protection in your
analysis?
A
I mean, what I included was right there.
Q
All right.  So you didn't include it.
A
It's not on there.  If there was one, then I guess I
didn't list it because it's not on that sheet.
Q
So you don't know whether that is --
A
I don't know if there was an expense of that date, and I
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