Exhibit 2 — USA v. Lattany (Dkt. 64.2)

Record facts

U.S. District Court for the District of Colorado · No. 1:23-cr-00074-NYW · Doc. 61-1 · 2024-02-27 · Docket on CourtListener

Full text

DARLENE M. MARTINEZ, RMR, CRR
United States District Court
For the District of Colorado
1
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Criminal Action No. 23-cr-00074-NYW-1 
UNITED STATES OF AMERICA, 
Plaintiff,
v.
DEJANE REANIECE LATTANY, 
Defendant.
__________________________________________________________
REPORTER'S TRANSCRIPT
(Change of Plea Hearing)
__________________________________________________________
Proceedings before the HONORABLE NINA Y. WANG, 
Judge, United States District Court, for the District of 
Colorado, commencing at 1:07 p.m. on the 26th day of 
April, 2023, Alfred A. Arraj United States Courthouse, 
Denver, Colorado.
A P P E A R A N C E S
FOR THE PLAINTIFF: 
NICOLE C. CASSIDY and REBECCA SUSAN WEBER, U.S. Attorney's 
Office, U.S. District of Colorado, 1801 California Street, 
Suite 1600, Denver, CO 80202
FOR THE DEFENDANT:
JASON FLORES-WILLIAMS, Jason Flores-Williams, Law Office 
of, 1851 Bassett, Suite 509, Denver, CO 80202 
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DARLENE M. MARTINEZ, RMR, CRR
United States District Court
For the District of Colorado
2
APRIL 26, 2023
(Proceedings commence at 1:07 p.m.)
THE COURT:  Thank you.  Please be seated.  
Good afternoon.  We are here today on Case No. 
23-cr-00074-NYW-1, United States of America v. Dejane 
Reaniece Lattany.  I am United States District Judge Nina 
Y. Wang.  
Counsel, would you enter your appearance, starting 
with the Government.  
MS. CASSIDY:  Good afternoon, Your Honor, Nicole 
Cassidy and Rebecca Weber for the United States.
THE COURT:  Good afternoon, counsel.  
MR. FLORES-WILLIAMS:  Jason Flores-Williams.
THE COURT:  Good afternoon.  And good afternoon, 
Ms. Lattany.  
Ms. Buchanan, would you please administer the oath 
to Ms. Lattany. 
COURTROOM DEPUTY:  Please stand and raise your 
right hand. 
DEJANE REANIECE LATTANY
having been first duly sworn, answers questions from the 
Court as follows: 
THE DEFENDANT:  Yes. 
THE COURT:  All right.  The record reflects that 
the defendant was charged by Information, which is ECF No. 
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DARLENE M. MARTINEZ, RMR, CRR
United States District Court
For the District of Colorado
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1, dated March 17, 2023, and waived her right to 
prosecution by Indictment on March 27, 2023, that is ECF 
Docket No. 5.  She made her initial appearance on March 
27, 2023, ECF No. 4, at which time she entered a plea of 
not guilty.  
On March 28, 2023, the defendant filed with this 
Court a notice of disposition, that is ECF No. 8, and 
requested that this matter be set for a change of plea 
hearing.  
Mr. Flores-Williams, it is my understanding that 
pursuant to a plea agreement, Ms. Lattany wishes to enter 
a plea of guilty to Count 1 of the Information, charging a 
violation of 18 U.S.C. Section 1343, wire fraud; is that 
correct?  
MR. FLORES-WILLIAMS:  That's correct. 
THE COURT:  This matter is therefore before the 
Court this afternoon for a change of the defendant's plea, 
for consideration of an advisement with respect to the 
parties' proposed plea agreement under Federal Rule of 
Criminal Procedure No. 11, and for re-arraignment under 
Rule 10 of the Federal Rules of Criminal Procedure. 
For the record, the Court notes that it has 
received the following:  Court Exhibit 1, which is the 
plea agreement that was signed in court this afternoon.  
And then the plea agreement contains a provision that the 
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DARLENE M. MARTINEZ, RMR, CRR
United States District Court
For the District of Colorado
4
plea agreement disclosed to the Court is the entire 
agreement, that there are no other promises, agreements, 
or side agreements, terms, conditions, understandings or 
assurances, express or implied.  In entering this plea 
agreement, neither the Government nor the defendant has 
relied or is relying on any other terms, promises, 
conditions, or assurances.  That is the plea agreement, at 
page 18.  
I also have the statement by defendant in advance 
of the plea of guilty, which has also, it appears, been 
signed and marked as Court Exhibit No. 2.  
Starting with Mr. Flores-Williams, do you agree on 
behalf of your client that the plea agreement constitutes 
the entire agreement and that there are no other 
agreements or terms of the agreement?  
MR. FLORES-WILLIAMS:  Yes, Your Honor. 
THE COURT:  And then, Ms. Cassidy, do you agree on 
the part of the United States that the plea agreement 
constitutes the entire agreement and that there are no 
other agreements or terms to the agreement?  
MS. CASSIDY:  Yes, Your Honor. 
THE COURT:  All right.  Now turning your attention 
to Court Exhibit No. 1, which is the plea agreement, on 
page 18, Mr. Flores-Williams, can you confirm for me that 
that is your signature. 
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DARLENE M. MARTINEZ, RMR, CRR
United States District Court
For the District of Colorado
5
MR. FLORES-WILLIAMS:  Yes, Your Honor. 
THE COURT:  And, Ms. Lattany, can you confirm for 
me that that is your signature. 
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  And on behalf of the Government, you 
have signed, Ms. Cassidy; is that right?  
MS. CASSIDY:  Yes, Your Honor. 
THE COURT:  And on behalf of the Government, you 
have signed, Ms. Weber; is that correct?  
MS. WEBER:  That's correct. 
THE COURT:  All right.  Now turning to Exhibit 2, 
which is the statement by defendant in advance of the plea 
of guilty, turning to page 9, I am going to confirm again, 
Mr. Flores-Williams, that is your signature. 
MR. FLORES-WILLIAMS:  Yes, Your Honor. 
THE COURT:  And, Ms. Lattany, that is your 
signature, as well.  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  So I am just going to confirm again 
that there is no reason that either the Government or the 
defendant knows of that the Court cannot rely on this 
document; is that correct?  
MS. CASSIDY:  Correct, Your Honor. 
MR. FLORES-WILLIAMS:  Correct. 
THE COURT:  All right.  Ms. Lattany, I am going to 
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DARLENE M. MARTINEZ, RMR, CRR
United States District Court
For the District of Colorado
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ask you some questions to make sure you understand your 
rights and the consequences of pleading guilty.  Do you 
understand that you just took an oath to tell me the 
truth, and if you answer my questions falsely today, your 
answers could be used against you in a separate 
prosecution for perjury or making false statements?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  Do you understand that you have the 
right to remain silent and you do not have to answer any 
of my questions at this hearing?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  For the purposes of this hearing, do 
you give up your right to remain silent in order to answer 
my questions?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  Mr. Flores-Williams, do you concur in 
the defendant's waiver of her right to remain silent for 
the purposes of this hearing?  
MR. FLORES-WILLIAMS:  Yes, Your Honor. 
THE COURT:  And, Ms. Lattany, I also want to make 
sure that you understand that although you have signed the 
plea agreement, you are not yet bound by the agreement.  
You will not be bound until I accept your plea of guilty, 
so you can change your mind at any point during this 
hearing up to the time that I accept a plea of guilty.  
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DARLENE M. MARTINEZ, RMR, CRR
United States District Court
For the District of Colorado
7
If at any time I tell you something or ask you 
something that you do not understand, I need you to let me 
know that you do not understand so I can clarify it for 
you.  Do you understand that?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  And also if at any time you want to 
stop and speak privately to Mr. Flores-Williams, that is 
also perfectly fine, but you need to let me know so I can 
allow that, all right?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  Ms. Lattany, what is your full name?  
THE DEFENDANT:  Dejane Reaniece Lattany. 
THE COURT:  And how old are you?  
THE DEFENDANT:  I am 32. 
THE COURT:  And what level of school did you 
complete?  
THE DEFENDANT:  I have an Associate's Degree. 
THE COURT:  And do you have any trouble reading or 
writing in English?  
THE DEFENDANT:  No, ma'am. 
THE COURT:  Are you under the influence of any 
drugs, medication, or alcohol today?  
THE DEFENDANT:  No, Your Honor. 
THE COURT:  Is there anything about how you feel 
right now, either physically or emotionally, that prevents 
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DARLENE M. MARTINEZ, RMR, CRR
United States District Court
For the District of Colorado
8
you from understanding what is happening at this hearing?  
THE DEFENDANT:  No, Your Honor. 
THE COURT:  Mr. Flores-Williams, do you have any 
reason to believe that Ms. Lattany should not go forward 
with this plea today?  
MR. FLORES-WILLIAMS:  No, Your Honor. 
THE COURT:  Do you believe that she is in 
possession of her faculties and competent to proceed?  
MR. FLORES-WILLIAMS:  I do. 
THE COURT:  Based on the statements of the 
defendant and her attorney and my own observations, I find 
that the defendant is in full possession of her faculties 
and is competent to proceed.  
Ms. Lattany, have you reviewed the Information and 
discussed the charges with your attorney?
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  And has he answered all of your 
questions?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  Do you understand the charge that has 
been brought against you?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  Mr. Flores-Williams, will you please 
outline for the Court your understanding of the plea 
agreement. 
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DARLENE M. MARTINEZ, RMR, CRR
United States District Court
For the District of Colorado
9
MR. FLORES-WILLIAMS:  Yes, Your Honor.  Ms. Lattany 
is pleading guilty to one count of wire fraud, 18 U.S.C. 
1343.  She is forfeiting assets in the total amount of 
1,340,000.  And in exchange for this, she is agreeing to 
be sentenced pursuant to the Federal Sentencing 
Guidelines, understanding the Court may vary from those 
guidelines.  
The range of those guidelines -- okay, I need to 
correct myself.  The forfeiture [sic] involved is 
3,437,072.81.  And the Court can either accept or not 
accept the guidelines that she is agreeing to. 
THE COURT:  All right.  Ms. Cassidy, do you agree 
with that description of the agreement between the 
Government and Ms. Lattany?  
MS. CASSIDY:  Just a couple of additions, Your 
Honor.  
Pursuant to the terms of the plea agreement, 
Ms. Lattany is also waiving certain appellate and 
collateral attacks rights.  
She is agreeing that the intended loss amount for 
the purposes of the of the guidelines calculation is more 
than 3.5 million but less than 9.5 million.  
The restitution figure is $3,437,072.81, plus 
interest accruing through the date of the sentencing 
hearing minus the value of property seized below.  
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DARLENE M. MARTINEZ, RMR, CRR
United States District Court
For the District of Colorado
10
And she is further agreeing and consenting to the 
forfeiture of assets listed on page 2 of the plea 
agreement.  
And the Government, for its part, is agreeing not 
to bring other charges against the defendant based on 
information currently known to the United States 
Attorney's Office concerning fraud against the government 
programs described in the plea agreement, and is agreeing 
that, provided that the defendant does not engage in any 
prohibited conduct or otherwise implicate United States 
Sentencing Guideline Sections 3C1.1 and 3E1.1, comment 4, 
between the guilty plea and sentencing in this case, that 
the Government agrees that the defendant should receive a 
2-level reduction for acceptance of responsibility 
pursuant to Section 3E1.1(a) of the Sentencing Guidelines, 
and agrees to file a motion requesting that the defendant 
receive a 1-level reduction for acceptance of 
responsibility pursuant to United States Sentencing 
Guideline Section 3E1.1(b).  And the Government is further 
agreeing to recommend a sentence at the 
bottom-of-the-guideline range as calculated by the Court. 
THE COURT:  All right.  Mr. Flores-Williams, do you 
have any objection to the additions made by the 
Government?  
MR. FLORES-WILLIAMS:  None, Your Honor. 
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DARLENE M. MARTINEZ, RMR, CRR
United States District Court
For the District of Colorado
11
THE COURT:  And, Ms. Lattany, do you agree with the 
description of your agreement made by the Government and 
your attorney?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  Have you reviewed and discussed your 
plea agreement with your attorney?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  Have you had enough time to ask your 
attorney all of the questions you have had about these 
documents?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  And has your attorney answered all of 
your questions to your satisfaction?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  Do you understand the plea agreement 
and the statement made in advance of the plea agreement?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  Ms. Lattany, you have the 
constitutional right to a trial by jury.  At trial, the 
Government would have the burden of proof and they would 
have to prove your guilt beyond a reasonable doubt.  At 
trial, 12 jurors need to find unanimously you are guilty.  
Do you understand you have that right?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  At trial, you don't have to prove your 
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DARLENE M. MARTINEZ, RMR, CRR
United States District Court
For the District of Colorado
12
innocence, but because the law presumes innocence, you 
have a right to testify and call witnesses if you want, 
but no obligation.  Do you understand that?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  If I accept your plea this afternoon, 
you will be waiving your right to a jury trial.  Do you 
understand that?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  Ms. Lattany, if you went to trial and 
you were convicted, you would have the right to appeal 
your conviction and the sentence imposed.  If I accept 
your plea agreement, you will be giving up that right to 
appeal your conviction and sentence except in very limited 
circumstances.  
If I accept your plea agreement, you can only 
appeal the sentence that I impose if it exceeds the 
maximum sentence provided by the statute, if it exceeds 
the top end of the advisory guideline range, or if the 
Government appeals the sentence imposed.  
Under the plea agreement, you also waive the right, 
which means you give it up, to challenge your conviction 
and sentence in any collateral attack, including a motion 
brought under 28 U.S.C. Section 2255.  
You are not prohibited, however, from seeking 
relief where there has been a retroactive change in the 
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DARLENE M. MARTINEZ, RMR, CRR
United States District Court
For the District of Colorado
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sentencing guidelines or the sentencing statute or you 
were deprived of effective assistance of counsel or where 
you were prejudiced by prosecutorial misconduct.  
Under the terms of your plea agreement, you waive 
the right to appeal your sentence upon revocation of 
supervised release except under certain circumstances.  
You also waive the right to appeal the denial of 
any motion for modification of imposed sentence where the 
denial rests in any part on the Court's determination that 
extraordinary and compelling reasons for a sentence 
reduction is not warranted under the factors set forth in 
18 U.S.C. Section 3553(a) except in certain circumstances. 
Ms. Cassidy, is there anything else that counsel 
believes I need to advise the defendant with regard to her 
waiver of appellate rights?  
MS. CASSIDY:  No, Your Honor. 
THE COURT:  And, Ms. Lattany, do you need any more 
time to talk to your attorney about these rights or your 
waiver of the rights?  
THE DEFENDANT:  Just that part about the sentencing 
part. 
THE COURT:  Okay.  Go ahead.  
(Off-the-record discussion had.) 
THE DEFENDANT:  Okay.  I am ready to proceed, Your 
Honor. 
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DARLENE M. MARTINEZ, RMR, CRR
United States District Court
For the District of Colorado
14
THE COURT:  All right.  So after conferral with 
your attorney, do you give up those rights?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  Mr. Flores-Williams, are you satisfied 
that each of these waivers by your client is made 
knowingly, voluntarily, and intelligently?
MR. WILLIAMS:  Yes, Your Honor. 
THE COURT:  And do you concur in each of these 
waivers?  
MR. FLORES-WILLIAMS:  I do. 
THE COURT:  The factual basis for the guilty plea 
is set forth on pages 7 through 15 of the defendant's plea 
agreement.  Have you reviewed the facts stated in the plea 
agreement with your attorney, Ms. Lattany?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  And do you agree that those facts are 
true?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  Counsel, for the purposes of the 
factual basis, may the Court rely on the factual basis set 
forth in the plea agreement?  
MR. FLORES-WILLIAMS:  Yes, Your Honor. 
MS. CASSIDY:  Yes, Your Honor. 
THE COURT:  And, Ms. Cassidy, for the record, could 
you set forth the factual basis of the plea.
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DARLENE M. MARTINEZ, RMR, CRR
United States District Court
For the District of Colorado
15
MS. CASSIDY:  Yes, Your Honor.  In terms of the 
factual basis of the plea, would you prefer I read out the 
stipulation of facts?  
THE COURT:  You can just give me a summary. 
MS. CASSIDY:  Okay.  Your Honor, on or about March 
27, 2020, the United States signed into law the 
Coronavirus Aid, Relief, and Economic Security Act, which 
provided emergency assistance, which was administered by 
the SBA; meaning the Small Business Administration, to 
small business owners suffering adverse economic effects 
caused by the COVID-19 pandemic.  
This instituted two programs, among other programs, 
including the Paycheck Protection Program and the Economic 
Injury Disaster Loan Program, which had various 
requirements, both for the -- to be eligible for the loan 
programs as well as regarding the potential uses of loans 
received pursuant to those programs.
As set forth under the plea agreement, from at 
least June 2020 through at least January 2022, Ms. Lattany 
knowingly, and with an intent to defraud, devised a scheme 
to defraud and to obtain money from the United States and 
from participating lenders by means of material false and 
fraudulent pretenses, representations, and promises that 
were based on submitting false and fraudulent EIDL and PPP 
loan applications.  
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DARLENE M. MARTINEZ, RMR, CRR
United States District Court
For the District of Colorado
16
The total amount of EIDL applications, the SBA 
approved and funded five EIDL applications submitted by 
Ms. Lattany and three EIDL grants, for a total of $430,000 
in EIDLs and $20,000 in grants, and these amounts, minus 
the $100 processing fees for each EIDL were sent to bank 
accounts controlled by Ms. Lattany.  
Additionally, the SBA had quoted additional amounts 
of $3,071,200 during the initial loan application process 
for 10 additional fraudulent EIDL applications and two 
additional fraudulent loan modifications that were 
ultimately declined.  
And so therefore the total amount of EIDL and grant 
applications, funded and unfunded, attributed to 
Ms. Lattany, is $3,555,200.  
In addition, from in or around June 2020 through in 
or around December 2021, Ms. Lattany also prepared and 
submitted fraudulent PPP applications to lenders in her 
name as the sole proprietorship and on behalf of various 
business entities that she purportedly owned.  Third-party 
lenders approved and funded 10 of these PPP loans, 
resulting in $2,887,976.94 being paid out to entities that 
Ms. Lattany controlled.  
And in addition to these 10 PPP loans that were 
actually funded, Ms. Lattany also submitted another two 
PPP loan applications that were not funded but had quoted 
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DARLENE M. MARTINEZ, RMR, CRR
United States District Court
For the District of Colorado
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amounts totaling $895,832.  And so, therefore, the total 
amount of PPP applications attributed to Ms. Lattany, 
funded and unfunded, is $3,783,808.94.  
And additionally two other things to point out in 
the loan agreements and in these EIDL applications and PPP 
applications, Ms. Lattany knowingly, and with the intent 
to defraud, made materially false statements regarding the 
entities' number of employees, gross revenues, cost of 
goods sold, average monthly payroll, and number of 
employees.
And in the EIDL loan applications, Ms. Lattany 
further falsely certified that the information provided in 
those applications were true and accurate and that the 
funds would be used for permissible expenses when, in 
fact, she used the bulk of those proceeds for personal 
benefits.  
And, additionally, the SBA's financing center is in 
Denver, Colorado, and so when it paid out both the PPP 
processing fees and the EIDL payments, there was an 
interstate wire from Denver to outside of the state. 
THE COURT:  Thank you, Ms. Cassidy.  
All right.  Any response or objection, 
Mr. Flores-Williams?  
MR. FLORES-WILLIAMS:  No, Your Honor. 
THE COURT:  All right.  We have talked about the 
Case No. 1:23-cr-00074-NYW   Document 61-1   filed 01/17/24   USDC Colorado   pg 17 of 28
Case No. 1:23-cr-00074-NYW     Document 64-2     filed 02/27/24     USDC Colorado     pg
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DARLENE M. MARTINEZ, RMR, CRR
United States District Court
For the District of Colorado
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signature pages with respect to the plea agreement, and so 
let's move to the charges that the defendant intends to 
plead guilty to and the possible penalty for those 
charges.  
Ms. Cassidy, will you please inform the defendant 
of the charges to which she will be pleading guilty and 
also state the elements for each charge. 
MS. CASSIDY:  Yes, Your Honor.  The defendant will 
be pleading guilty to one count of 18 U.S.C. Section 1343, 
that is wire fraud.  The maximum sentence for this 
violation is not more than 20 years imprisonment; a fine 
of not more than the greater of $250,000 or twice the gain 
or loss from the offense, or both; not more than 3 years 
of supervised release; a $100 mandatory victim fund 
assessment fee; plus restitution in an amount to be 
determined at the time of sentencing.  
And the elements of these offenses are as follows:  
First, that the defendant devised a scheme to defraud.  
Second, that the defendant acted with the specific intent 
to defraud.  Third, that the defendant used or caused 
another person to use interstate or foreign wire 
communication facilities for the purposes of carrying out 
the scheme.  And, fourth, that the scheme employed false 
or fraudulent pretenses, representations, or promises that 
were material. 
Case No. 1:23-cr-00074-NYW   Document 61-1   filed 01/17/24   USDC Colorado   pg 18 of 28
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DARLENE M. MARTINEZ, RMR, CRR
United States District Court
For the District of Colorado
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THE COURT:  Ms. Lattany, do you understand the 
nature of the charge against you?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  Do you believe that you are guilty of a 
crime with those elements?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  Ms. Lattany, do you understand the 
consequences of you entering a plea of guilty, including 
the maximum sentence that I could impose?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  Mr. Flores-Williams, have you reviewed 
and explained to Ms. Lattany the sentencing computation 
provisions that are included in the plea agreement?  
MR. FLORES-WILLIAMS:  Yes, Your Honor. 
THE COURT:  Have you told her anything different 
than what is set forth in that section of the plea 
agreement?  
MR. FLORES-WILLIAMS:  No, Your Honor. 
THE COURT:  And that section of the plea agreement, 
the advisory computation and advisement appear on pages 15 
through 17 of the plea agreement.  
Mr. Flores-Williams, based on the information that 
you have to date, what do you believe the estimated range 
to be?  
MR. FLORES-WILLIAMS:  51 to 60 months, Your Honor. 
Case No. 1:23-cr-00074-NYW   Document 61-1   filed 01/17/24   USDC Colorado   pg 19 of 28
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DARLENE M. MARTINEZ, RMR, CRR
United States District Court
For the District of Colorado
20
THE COURT:  And, Ms. Cassidy, what is the estimated 
range that the United States believes?  
MS. CASSIDY:  51 to 63 months, Your Honor. 
THE COURT:  All right.  Ms. Lattany, you need to 
know that the estimated sentencing ranges that counsel 
just stated are only estimates based on the information 
known to date.  It is possible that the presentence 
investigation report could contain additional information 
that would change that calculation.  Do you understand 
that?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  Has your attorney explained to you that 
the Federal Sentencing Guidelines are merely advisory, and 
after your advisory guideline range has been determined, I 
have the authority in certain circumstances to depart 
upward or downward from that range?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  Do you understand that that means that 
the sentence that I impose is entirely up to me as the 
judge?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  Do you understand that even if you are 
disappointed with the sentence that I impose, that it will 
not be a basis for you to withdraw your plea of guilty?  
THE DEFENDANT:  Yes, Your Honor. 
Case No. 1:23-cr-00074-NYW   Document 61-1   filed 01/17/24   USDC Colorado   pg 20 of 28
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DARLENE M. MARTINEZ, RMR, CRR
United States District Court
For the District of Colorado
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THE COURT:  Do you know what supervised release is?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  Do you understand that if you are sent 
to prison, that when you are released there will be 
conditions attached to your release.  Some of those 
standard conditions that you may be subject to are not 
committing any new crimes, state, federal or local; not 
possessing any illegal substances; and not possessing any 
firearms. 
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  Do you understand that if you violate 
one or more of the conditions of supervised release, your 
supervised release term could be revoked and you could be 
returned to prison for all or part of the remaining term 
of supervised release?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  The plea agreement, at page 7, sets 
forth some additional consequences, they are known as 
collateral consequences of the plea of guilty.  Do you 
understand that if you are presently on parole, probation, 
or supervised release, this plea alone could be the basis 
to revoke that parole, probation, or supervised release, 
and as a result you could be returned to prison on that 
other case?  
THE DEFENDANT:  Yes, Your Honor. 
Case No. 1:23-cr-00074-NYW   Document 61-1   filed 01/17/24   USDC Colorado   pg 21 of 28
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DARLENE M. MARTINEZ, RMR, CRR
United States District Court
For the District of Colorado
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THE COURT:  Do you understand that you are pleading 
guilty to a felony offense?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  Do you understand that the conviction 
of a felony offense may deprive you of valuable civil 
rights, such as the right to vote, the right to hold 
public office, the right to serve on a jury, and the right 
to possess a firearm of any kind?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  Do you understand that if you are not a 
United States citizen, the conviction may also cause you 
to be deported and removed from the United States, denied 
future admission into the United States, and/or be denied 
citizenship?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  Ms. Lattany, do you have any questions 
about the information that we have discussed here today?  
THE DEFENDANT:  No, Your Honor. 
THE COURT:  Has anyone attempted in any way to 
threaten you, your family, or anyone close to you in order 
to force you to plead guilty?  
THE DEFENDANT:  No, Your Honor. 
THE COURT:  Are you satisfied with the 
representations that Mr. Flores-Williams has provided to 
you? 
Case No. 1:23-cr-00074-NYW   Document 61-1   filed 01/17/24   USDC Colorado   pg 22 of 28
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DARLENE M. MARTINEZ, RMR, CRR
United States District Court
For the District of Colorado
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THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  And do you believe that he has fully 
advised you concerning your case?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  Having in mind all that we have 
discussed regarding the plea of guilty, the rights that 
you will be giving up, and the maximum sentence you could 
receive, do you still want to withdraw your plea of not 
guilty and enter a plea of guilty to the charge against 
you? 
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  I am going to start with 
Mr. Flores-Williams.  Any reason not to accept your 
client's plea of guilty?  
MR. FLORES-WILLIAMS:  No, Your Honor. 
THE COURT:  And, Ms. Cassidy, any reason that the 
government knows of not to accept defendant's plea of 
guilty?  
MS. CASSIDY:  No, Your Honor. 
THE COURT:  Other than re-arraigning Ms. Lattany, 
Mr. Flores-Williams, do you agree that the Court has 
complied with the requirements of Rule 11 of the Federal 
Rules of Criminal Procedure?  
MR. FLORES-WILLIAMS:  Yes, Your Honor. 
THE COURT:  And, Ms. Cassidy, other than 
Case No. 1:23-cr-00074-NYW   Document 61-1   filed 01/17/24   USDC Colorado   pg 23 of 28
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DARLENE M. MARTINEZ, RMR, CRR
United States District Court
For the District of Colorado
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re-arraigning defendant, do you agree that the Court has 
complied with the requirements of Rule 11 -- 
MS. CASSIDY:  Yes, Your Honor. 
THE COURT:  -- of the Federal Rules of Criminal 
Procedure?  
MS. CASSIDY:  I apologize, Your Honor.  Yes. 
THE COURT:  All right.  Mr. Flores-Williams, does 
Ms. Lattany seek permission to withdraw her plea of not 
guilty as to Count 1 of the Information?  
MR. FLORES-WILLIAMS:  She does. 
THE COURT:  Permission is granted.  The defendant's 
plea of not guilty is withdrawn.  
Ms. Cassidy, would you please re-arraign 
Ms. Lattany. 
MS. CASSIDY:  Yes, Your Honor.  
Ms. Lattany, you have been charged in an 
Information dated March 17, 2023, with one count of wire 
fraud, in violation of 18 U.S.C. 1343.  Are you the Dejane 
Reaniece Lattany named in that Information?  
THE DEFENDANT:  Yes. 
MS. CASSIDY:  And as to Count 1 of the Information, 
charging wire fraud, in violation of 18 U.S.C. 1343, how 
do you plead?  
THE DEFENDANT:  Guilty. 
MS. CASSIDY:  And then do you admit or deny the 
Case No. 1:23-cr-00074-NYW   Document 61-1   filed 01/17/24   USDC Colorado   pg 24 of 28
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DARLENE M. MARTINEZ, RMR, CRR
United States District Court
For the District of Colorado
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forfeiture allegation contained in the Information?  
THE DEFENDANT:  I admit. 
THE COURT:  In the matter of Criminal Case No. 
23-cr-74-NYW-1, United States of America v. Lattany, the 
Court finds that the defendant, who is represented by 
counsel with whom she is satisfied, has acknowledged a 
factual basis for the plea.  
The Court finds that the defendant has been fully 
advised of her rights in writing and by the Court.  The 
Court finds that the defendant is fully competent and 
capable of entering an informed plea and that the 
defendant is aware of the nature of the charges and the 
consequences of her plea.
The Court finds that the defendant has discussed 
her plea agreement with her attorney and has signed and 
agreed to the plea agreement voluntarily, knowingly, and 
intelligently.  
Therefore, it is ordered that Court Exhibit No. 1, 
which is the plea agreement, is accepted and admitted.  
The plea, as made in open court today is accepted, and the 
defendant is adjudged guilty of Count 1 of the 
Information, charging a violation of 18 U.S.C. Section 
1343, wire fraud.  
The Court defers approval of the plea agreement 
pending review of the presentence investigation report.  
Case No. 1:23-cr-00074-NYW   Document 61-1   filed 01/17/24   USDC Colorado   pg 25 of 28
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DARLENE M. MARTINEZ, RMR, CRR
United States District Court
For the District of Colorado
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The defendant is referred to the probation 
department for that presentence investigation report.  The 
probation department shall conduct a presentence 
investigation and submit a presentence report as required 
by Rule 32 of the Federal Rules of Criminal Procedure. 
Ms. Lattany, your sentencing hearing will not occur 
for a few months.  Before the sentencing hearing, the 
probation officer will talk to you and gather information 
that will be included in a report that I will review for 
purposes of deciding what sentence to impose.  When you 
speak to the probation officer, your attorney may be 
present with you if you wish.  
If you have any objections to the factual contents 
or the guideline calculation contained in that report, 
your attorney may file objections on your behalf.  
At the sentencing hearing, itself, I may hear 
further statements or arguments from both your attorney 
and the attorney for the Government.  You will also be 
allowed to make your own personal statement to me on your 
own behalf before I impose sentence if you wish.  
The sentencing hearing is currently set for August 
15, 2023, at 1:00 p.m.  Ms. Lattany, you are ordered to 
appear at that time and date without any further notice of 
the Court.  
All dates other than the sentencing date are hereby 
Case No. 1:23-cr-00074-NYW   Document 61-1   filed 01/17/24   USDC Colorado   pg 26 of 28
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DARLENE M. MARTINEZ, RMR, CRR
United States District Court
For the District of Colorado
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vacated.  
Counsel, you are ordered to file any sentencing 
positions or any other motions that pertain to sentencing 
at least 14 days before the sentencing date.  Any 
responses or objections to such filings must be filed no 
later than seven days before the sentencing date.  
The defendant is here on bond, that is Docket No. 
6.  Pursuant to 18 U.S.C. Section 3143, the judicial 
officer shall order that a person who has been found 
guilty of an offense and who is awaiting imposition or 
execution of the sentence, other than a person for whom 
the applicable guideline promulgated pursuant to 28 U.S.C. 
Section 994 does not recommend a term of imprisonment, be 
detained unless the judicial officer finds by clear and 
convincing evidence that the person is not likely to flee 
or pose a danger to the safety of another or to the 
community if released under Section 3142(b) or (c).  
Ms. Cassidy, would the Government be seeking 
detention before sentencing?  
MS. CASSIDY:  No, Your Honor. 
THE COURT:  And the Government has no objection to 
continuing defendant's bond pending sentencing on the same 
terms?  
MS. CASSIDY:  Correct, Your Honor.  Thank you. 
THE COURT:  Ms. Lattany, bond continues pending 
Case No. 1:23-cr-00074-NYW   Document 61-1   filed 01/17/24   USDC Colorado   pg 27 of 28
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DARLENE M. MARTINEZ, RMR, CRR
United States District Court
For the District of Colorado
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sentencing upon the Court's finding by clear and 
convincing evidence that she is not likely to flee or pose 
a danger to the safety or to another in the community, as 
reflected on the docket before it.  
Any further business on behalf of the Government?  
MS. CASSIDY:  No, Your Honor.  Thank you. 
THE COURT:  Any further business on behalf of the 
defendant?  
MR. FLORES-WILLIAMS:  No, Your Honor.  Thank you. 
THE COURT:  All right.  Thank you, counsel.  
Will be in recess.
R E P O R T E R ' S   C E R T I F I C A T E
I, Darlene M. Martinez, Official Certified 
Shorthand Reporter for the United States District Court, 
District of Colorado, do hereby certify that the foregoing 
is a true and accurate transcript of the proceedings had 
as taken stenographically by me at the time and place 
aforementioned.
Dated this 22nd day of December, 2023.
_____________________________ 
s/Darlene M. Martinez 
RMR, CRR
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