Court filing
Transcript of Jury Trial - Day 7 as to Dustin Sean McCabe — USA v. McCabe (Dkt. 114, S.D. Fla.)
Filed May 9, 2025 in USA v. McCabe; one of 219 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of Florida |
|---|---|
| Filed | 2025-05-09 |
U.S. District Court for the Southern District of Florida · No. 9:24-cr-80103-AMC · Doc. 114 · 2025-05-09 · Docket on CourtListener
Full text
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 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION CASE NO. 24-cr-80103-AMC-1 UNITED STATES OF AMERICA, Fort Pierce, Florida Plaintiff, March 4, 2025 vs. 9:01 a.m. - 2:49 p.m. DUSTIN SEAN MCCABE, Volume 7 Defendant. Pages 1 to 106 ______________________________________________________________ TRANSCRIPT OF JURY TRIAL - DAY 7 BEFORE THE HONORABLE AILEEN M. CANNON UNITED STATES DISTRICT JUDGE APPEARANCES: FOR THE GOVERNMENT: UNITED STATES ATTORNEY'S OFFICE ZACH KELLER, ESQ. TANNER STIEHL, ESQ. JACOB KOFFSKY, ESQ. 99 NE 4th Street Miami, Florida 33132 FOR THE DEFENDANT: TERRENCE O'SULLIVAN LAW, P.A. TERRENCE J. O'SULLIVAN, ESQ. 3810 Murrell Road Suite 340 Rockledge, Florida 32955 LAW OFFICE OF CALISHA A. FRANCIS CALISHA A. FRANCIS, ESQ. 7481 NW 37th Court Lauderhill, Florida 33319 STENOGRAPHICALLY REPORTED BY: LAURA E. MELTON, RMR, CRR, FPR Official Court Reporter to the Honorable Aileen M. Cannon United States District Court Fort Pierce, Florida Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 1 of 106 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 2 E X A M I N A T I O N S Witness/Proceedings Page CLOSING STATEMENT BY MR. KOFFSKY 6 CLOSING STATEMENT BY MS. FRANCIS 36 REBUTTAL CLOSING STATEMENT BY MR. KELLER 56 E X H I B I T S GOVERNMENT FOR IDENTIFICATION Exhibit Page NONE DEFENDANT FOR IDENTIFICATION Exhibit Page NONE GOVERNMENT ADMITTED EXHIBITS Exhibit Page NONE DEFENDANT ADMITTED EXHIBITS Exhibit Page NONE JOINT EXHIBITS Exhibit Page NONE Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 2 of 106 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 3 (Call to the Order of the Court.) THE COURT: Good morning. Please be seated. Let's call the case. COURTROOM DEPUTY: Calling Case Number 24-cr-80103, United States of America v. Dustin Sean McCabe. Counsel, please state your appearances beginning with the government. MR. KELLER: Good morning, Your Honor. Zachary Keller, Tanner Stiehl, and Jacob Koffsky on behalf of the United States, joined by Special Agent Caleb King of the Coast Guard Investigative Service. THE COURT: Good morning to all of you. MR. O'SULLIVAN: Good morning, Your Honor. May it please the Court. On behalf of the defense, Terrence O'Sullivan, Calisha Francis. And standing to my left is the defendant, Dustin Sean McCabe. MS. FRANCIS: Good morning. THE COURT: All right. Good morning to you all as well. Thank you. You may be seated. MR. O'SULLIVAN: Thank you, ma'am. THE COURT: We are waiting on one juror who I think is arriving momentarily. Any items to address before we proceed with closing arguments? Mr. Keller. MR. KELLER: No, Your Honor. I will just note that I did circulate to the defense a copy of the witness/exhibit Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 3 of 106 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 4 list, and I assume we can deal with that after. THE COURT: Is there any objection, Mr. O'Sullivan, to providing the jurors with that list of admitted exhibits in conjunction with the stack of admitted exhibits? MR. O'SULLIVAN: No objection, Your Honor. Mr. Keller did provide that to me prior to the Court coming on the bench, and we have no objection. THE COURT: Okay. Are all of the descriptions of the exhibits neutral? In other words, what I don't want to see are advocacy-oriented descriptions or annotations or references. MR. KELLER: I always try to be neutral in my descriptions; I believe that every single one of them is. So I don't think there are any issues with the descriptions that I have. THE COURT: Okay. Mr. O'Sullivan. MR. O'SULLIVAN: Your Honor, based upon the trial this week, I don't foresee any issues whatsoever. THE COURT: Okay then. All right. So -- so that's that. We will just hang tight momentarily. Are we all here? COURT SECURITY OFFICER: Yes, Your Honor. THE COURT: Okay. Then one moment. What breakdown would you like, Mr. Keller, with your 90 minutes? MR. KELLER: 60 and 30, Your Honor. THE COURT: And who is going to be doing opening versus Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 4 of 106 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 5 close? MR. KOFFSKY: I'm open and close, Your Honor. THE COURT: And then who does rebuttal close? MR. KELLER: I will be, Your Honor. THE COURT: Okay. Mr. O'Sullivan, what is the defense -- who is going to be doing the closing? MR. O'SULLIVAN: Ms. Francis will be doing the closing, Your Honor, and we estimate approximately 30 minutes, depending, of course, on the government's. But we're looking at probably 30 minutes. THE COURT: Okay. Well, that is significantly less than what you asked for before. I had allotted 90, but if you're only going to use 30, then is there really a need for 90? MR. O'SULLIVAN: No, ma'am. We -- just based on the testimony and our conference last night, we're probably looking at about 30, give or take. THE COURT: I don't want to shortchange the government, though, because perhaps it had planned on the 90. Mr. Keller, do you still request the 90? MR. KELLER: Judge, we had -- originally had requested 75 minutes, and I think that we can easily get below -- we will get to 75 minutes or below. So, I mean, if we could be cut to that? THE COURT: Okay. Then if it were to go down to 75, Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 5 of 106 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 6 what would be your breakdown at that point? MR. KELLER: 50 and 25. THE COURT: Okay. We will go with that, and I will give each side a 5-minute warning. Let's call in the jurors, please. COURT SECURITY OFFICER: Yes, Your Honor. MR. KELLER: Thank you, Your Honor. MR. O'SULLIVAN: Thank you, Judge. (The jury entered the courtroom at 9:05 a.m.) THE COURT: Please be seated. Good morning. Everyone may be seated. Nice to see you again, ladies and gentlemen. As promised, we will start today with closing arguments. Mr. Koffsky. MR. KOFFSKY: Thank you, Your Honor. Testing, testing. Mollie Ghiz-Flynn was sucked underneath the Southern Comfort, pulled into its port side propeller which chopped up her legs, filled the water with her blood, entangled her wetsuit, and shredded it to pieces, and held her down until she drowned. Her husband, Sean Flynn, sat on this witness stand (indicating) and told you he saw the whole thing. It happened right in front of his eyes. He lost the very person he was trying to protect. And he told you how he has been changed ever since, how he is quieter, how he is more reserved, how he Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 6 of 106 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 7 is less able to enjoy life. You could see it in his eyes. Nothing will ever bring Mollie back. Nothing will ever make her family whole. Nothing will ever make Sean Flynn the person he once was. That's impossible. But justice can be done. Justice can be done. That is why we are here. That is why this trial is happening, for justice for Mollie. And it's not our decision as the lawyers. It's not Judge Cannon's decision. This is your decision. It is your job to decide whether justice is done. Was Mollie's death a tragic accident or were there signs? Was there one sign? Was there more than one sign? There was more than one sign. Who is responsible? Who is responsible for her death, if anybody? Is anybody responsible? There is somebody responsible. Who were you told is responsible by witness after witness after witness who came into this courtroom? They all told you the same thing. The owner of a vessel is responsible for keeping it safe. The captain of a vessel is responsible for keeping it safe. And who was the owner of the Southern Comfort? Who was the captain of the Southern Comfort on the day Mollie died? It was that man (indicating). It was the defendant. It was Sean -- Dustin Sean McCabe was responsible. He had seen all the signs. He knew his boat was not working. He took her out anyway. She lost her life. That's what this case is about. Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 7 of 106 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 8 But don't just hold Mr. McCabe responsible for his negligence. Hold him responsible, too, for his lies. So many lies in this case. He lied to the Coast Guard about the purpose of the Southern Comfort. Said he was going to use it only for recreation when he operated Florida Scuba Charters for five-plus years before he bought that boat. But he took it out for commercial charter after commercial charter. That was a lie to the Coast Guard. Hold him accountable for that. And there were lies to the Small Business Administration, an agency that was tasked with helping hardworking Americans through a once-in-a-century pandemic. He lied to them too. Lied to their lenders. Said he had payroll when his business had been shut down. Hold him accountable for his lies, his negligence and his lies. It is your decision, members of the jury. The way to hold him accountable, and what we are asking you to do in this case is to find him guilty, to find him guilty of all five counts in the indictment. The first count, the seaman's manslaughter count, for his negligence in causing Mollie Ghiz-Flynn's death; for Count 2, the false statement to the Coast Guard about the purpose of the Southern Comfort; and for Counts 3 through 5, the wire fraud charges for his lies to the Small Business Administration and to its lenders. Members of the jury, my job today is to explain to you Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 8 of 106 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 9 how the government, how the United States has met each element of each of these crimes. And you'll notice I have what looks like a checklist on this slide. That's all elements are. They are a checklist for each crime. And what we will do today, what I will do, specifically, is go through each element of each crime, and I will explain to you the evidence that we have shown you to meet those elements. That's what my presentation will be about today. For the most part, I'm going to go in order. And we will start with Count 1, the seaman's manslaughter charge. As I just mentioned, this is about the defendant's negligence on March 29, 2020, and how that negligence caused Mollie Ghiz-Flynn's death. Now, let's be clear. We're not saying that the defendant hopped on the boat that day and said, "I'm going to kill somebody." We're not saying he had the intent to kill Mollie Ghiz-Flynn. We're saying he had an obligation, a duty to keep the vessel safe, and that he failed in that duty, utterly failed, and that that failure, that negligence caused Mollie's death. That's the theory of this charge. So let's go through the elements of the charge. The first element: That the defendant was an owner, charterer, captain, engineer, pilot, or other person employed on the Southern Comfort. You will see I have a checkmark there already. Why? Because there was a stipulation on that point. Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 9 of 106 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 10 There was an agreement on that point. The defendant has already agreed, as he should, that he was the owner and captain of the Southern Comfort on the day Mollie died. So we don't need to spend any time on that. You know that he is the owner and captain of that vessel. What about the second element: That a person lost his or her life. There is no agreement on this point. But can it really be disputed that somebody lost her life? Can it really be disputed that Mollie Ghiz-Flynn is no longer on this Earth? A medical examiner, Dr. Tops, took the stand and testified about the cause of her death, about the chop wounds and the drowning. You saw photos of her corpse. There is no dispute about the second element either. I won't spend any more time on it. Let's talk about the third element, the crux of this charge. And there is, as you can see, more language to this element. I'm going to break down each piece of this with you now. So Element 3 asks you to decide two separate scenarios. The first scenario is about whether the defendant -- well, not whether the defendant -- but it's about the defendant's job as a captain, engineer, pilot, or other person employed on the vessel. That's in the top paragraph on the screen. On the bottom paragraph, you are asked to evaluate his performance of his duties as an owner or a charterer, okay. So Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 10 of 106 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 11 there are two separate scenarios for this crime that you have to evaluate separately. Keep that in mind, and that's in the jury instructions that Judge Cannon read to you yesterday. But then the questions become the same in each of these scenarios. And the questions that you're asked to evaluate are: Whether the loss of life was proximately caused, Number 1, by the defendant's negligence. And you see all of these words in the jury instruction: "Misconduct," "negligence," "inattention to his duties" on the one hand, "fraud," "neglect," "connivance" on the other. All of these terms, they really mean the same thing, and you're really asked to decide the same questions: Was the defendant negligent? Did he have a duty under the law that he failed to perform? Of course, he did. And then the second question: Did that failure proximately cause Mollie Ghiz-Flynn's death? Did the defendant's negligence result in her death? And was it reasonably foreseeable that his negligence would result in her death? And let's go through the evidence on this point. And there is plenty. There is plenty. There really are three theories that we have shown you as to why the defendant was negligent, three ways in which he led to -- his neglect led to Mollie's death. Number 1, all of the events of March 28, 2020, all of Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 11 of 106 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 12 the ways in which the Southern Comfort was not performing as it needed to, he totally failed to report those events to the Coast Guard as the law requires him to do. That's one theory of negligence, his failure to report. We will talk more about that. Number 2. He failed to fix it. He took the vessel out on March 28, 2020. It couldn't drive, it couldn't reverse. He ran into mangroves. It hurt a passenger. She told him that the propeller was engaging. He didn't fix it. He took it out the very next day. The same issue occurred. That failure also caused Mollie Ghiz-Flynn's death, and we will talk more about that. And lastly, on March 29, 2020, he didn't say a word to Mollie Ghiz-Flynn. He didn't say a word to Sean Flynn. They had no idea about this propeller issue. And what are we talking about? We are talking about propellers, these spinning blades that are razor-sharp, that are under power, that can take somebody's limbs off. There was no warning whatsoever from the defendant. There was no safety briefing on that day, and so he failed to warn them as well. Let's talk more about these three theories. Let's talk about the failure to report first. These are all reporting requirements that you heard about from long-time members of the Coast Guard, Lieutenant Commander Cole, Mr. Mosquera. They told you that what's required to be reported are certain things Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 12 of 106 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 13 that may or may not happen on a vessel. And that did happen on March 28th for the Southern Comfort. A grounding, whether unintended or intended, loss of propulsion or steering, or anything that affects maneuverability, or something that occurs that affects the vessel's seaworthiness. And all of these circumstances unfolded on March 28th. Each one of those circumstances is required to be reported to the Coast Guard. And think about how that makes sense. When something is reported to the Coast Guard, as Mosquera told you, as Cole told you, they can step in. They can intervene. They can look at the vessel. They can examine it. They can figure out what's going on. They can keep the vessel off the water. You heard the members of the Coast Guard say this phrase: That their regulations are written in blood. Think about what that means. They write these regulations. They establish these reporting requirements because people have been hurt, people have been killed. Those regulations are designed to take that away, to help people, to save people. It's why it's so important for a captain like the defendant to abide by them. And he didn't. He didn't. These are all things that should have been reported from March 28th, the loss of propulsion, the effect on maneuverability. How do we know that that occurred? The very first witness in the case, Jennifer Hester. And she told you two things. She told you, number 1, that she was sucked under Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 13 of 106 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 14 the vessel in the same way Mollie was the next day, and that she was saved only by her speargun which got jammed into the propeller, as Ms. Hester testified, and which ricochetted back into her leg causing a bruise. And then, after the second dive on March 28, 2020, she texted the defendant, and what did she say? She said, quote, "Port side is engaging and releasing, engaging and releasing." A propeller is what propels a vessel. If a propeller is not under control, there is a loss in propulsion. That is something that was required to be reported to the Coast Guard. It makes perfect sense. The defendant didn't report this despite Jennifer Hester telling him explicitly what she had seen. And the defendant testified yesterday that Jennifer Hester wasn't sucked under the boat, that her gun was jammed into the transom of the vessel, as opposed to being snapped by a spinning propeller. But Jennifer Hester lived it. He is saying he saw it. She lived it. It happened to her. Her testimony is what you should trust, not his. It was -- it was a loss of propulsion, that's what happened. What about the grounding? Let's talk about the grounding. Think about how many witnesses marched into this courtroom and told you about this grounding, Jennifer Hester, Carl McManus. Carl McManus, by the way, also said that after Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 14 of 106 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 15 he came up from his dive on March 28th, he was sitting in the water for, like, 15 minutes because the vessel couldn't reverse to him. The vessel couldn't back up properly and get situated to pick him up. He needed to be picked up by a line being thrown. So that's a loss of propulsion. But as to the grounding, all of these witnesses, Hester, McManus, the long-time deckhand, Kay Odom, and then people on the dock at the marina, Jordan McKenna and Officer Abramczyk, they all told you that from their perception, the defendant could not control the vessel, he could not direct it to where he wanted it to go, that he was headed towards the Parker Bridge, and that in order to avoid the bridge, he had to turn the vessel and crash it into some mangroves. And then after he crashed into the mangroves, a mechanic came out into the water, waded into the water to try to fix it. And then, remember Kay Odom's testimony. She sat here (indicating). She said the vessel limped back to the dock. That's the words she used, "limped back to the dock." The vessel had been grounded and then needed to be pushed back to the dock. That's a grounding. Whether he meant -- whether the defendant meant to turn it into the mangroves and it was intentional, or whether he had no control at all and it just slid into the mangroves, it was a grounding. The notion that he dropped his anchor into the mangroves just Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 15 of 106 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 16 doesn't make any sense whatsoever. That doesn't make any sense. It was a grounding, and it needed to be reported, and he didn't report it. And how do you know that he knew about these reporting requirements? How do you know that he had this knowledge, "I need to call the Coast Guard"? There are a couple of reasons. I will direct your attention to the screen, to the merchant mariner credential that the defendant had. To get a merchant mariner -- merchant mariner credential -- excuse me -- you have to take tests. You have to learn Coast Guard regulations. You heard about this testimony from the Coast Guard. You have to study these things. And he took this -- he originally got it in 2014, which is when he took this oath. The oath, by the way -- I shouldn't forget the oath. It says: I will faithfully and honestly carry out the lawful orders of my superior officers. I will perform all duties required of me by the laws of the United States. He took that oath when Florida Scuba Charters was incorporated in 2014, and renewed it five years later in 2019. So that's how you know that he knew about these reporting requirements. How else do you know? Because he filed a report the very next day when the stakes were a little bit higher. On March 29th, when Mollie died, he knew to file a report. Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 16 of 106 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 17 So, again, all of these things: The grounding, the loss of propulsion, the loss of maneuverability needed to be reported to the Coast Guard, and they were not. The defendant did not report these things. That is negligence, a duty that he failed to uphold. And that failure, that negligence, caused Mollie's death. Because, had he reported these things, as the Coast Guard told you, they could have intervened. They could have kept the vessel in the marina and Mollie might never have died. So that's the first theory. Let's talk about the failure to fix, probably the most straightforward of these three theories. Again, Jennifer Hester said the port side propeller is engaging and releasing, and engaging and releasing. Pay close attention to what the defendant texted her back. The defendant said, "I will let John, the mechanic, know tomorrow and see what he says." Tomorrow, of course, from that text, being the day of March 29th. If you look at that text, if you think about what that text says, what that really may mean is that there was no attempt to fix it on the night of the 28th, that there was no attempt at all, that he neglected to fix it, and that he just said, Let's just deal with it tomorrow. That is neglect. That is misconduct. But let's assume you believe him, and let's assume you believe the defendant when he said that he stayed on March 28th and looked at the vessel and checked the vessel. Was it fixed? Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 17 of 106 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 18 We have the benefit of hindsight. Was it fixed? Of course, it wasn't fixed. This same thing that happened to Jennifer Hester happened to Mollie and Sean. They were dragged from the ladder, from the platform. They were sucked underneath into the port side propeller. Jennifer Hester's testimony -- she sat here. She told her -- the feeling of the water pulling her down, about how she was sucked under. And then Sean Flynn came here and took this stand and said the same thing. He said the same thing. And these are experienced divers. They all testified to having been certified as scuba divers, to having done dozens, hundreds of dives. Jennifer Hester said, I had never felt that feeling before, of the water sucking me under and pulling me under. What happened on March 29th is the same thing that happened on March 28th, and that's how you know that the propeller wasn't fixed. And had the propeller been fixed, had the defendant taken the time to realize that a propeller is incredibly dangerous, had he taken the time to get the vessel inspected and evaluated, Mollie might not have died. But because he didn't, because he took it out on March 29th, that proximately caused her death. So that's the second theory of negligence that the government has established. And I should say each of these theories on their own is sufficient. You can find the failure to report -- failure-to-report theory more convincing than the Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 18 of 106 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 19 failure to fix or vice versa. And we will talk about the failure to warn in a second. You can find that one more convincing. All of these are sufficient. But let me make one more point on the failure to fix. You heard testimony about what might the cause have been for the propeller problem. Was it a voltage issue like the defendant claimed? Did it have to do with his modification of the cables that he took -- as you can see in Government's Exhibit 68 that he removed? Was that the cause? The truth is, it doesn't matter what the cause was. It doesn't matter why the propeller didn't work. It's more likely than not that it had to do with the modifications that he made, but it really doesn't matter. What matters is that it did not work. What matters is that it was just spinning under power, a threat to every single diver that hopped on that vessel. So keep that in mind. It does not matter why. It matters what. It matters that the propeller was an inherent danger to anybody aboard the Southern Comfort. Let's talk about the failure to warn. I have held the wetsuit a couple of times, but I'm going to hold it again. This is how Mollie found out about this issue. She found out when she was entangled in the propeller. There -- there was no comment to Mollie or to Sean whatsoever. There was no explanation from the defendant, you know, I had these issues with the propeller yesterday. I just want you to be aware of Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 19 of 106 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 20 it because a propeller is very dangerous. It wasn't said. In fact, there was no safety briefing given on March 29th at all. And you know who told you that? Two people. Sean Flynn told you that he recalled no safety briefing having been given at all. And then David Anderson, the other passenger on that morning dive, on March 29th, he recalled not only that a safety briefing wasn't given, but more specifically that the defendant said, I don't have to give a safety briefing because this isn't a Coast-Guard-inspected vessel. That was Dave Anderson's testimony. There was no warning. There was no warning. Mollie found out when it was too late, when her wetsuit was entangled and shredded, when her pink scuba fin was sliced, when her legs were chopped, when the water was bloodied, and when she was on her way to drowning. That's when Mollie learned. And that's a failure. That is negligence. That is misconduct, that is a violation of law. It is all of the above, and it caused her death. Had Mollie been warned, had Mollie known of the danger of the propeller, she could have done a number of things. She could have exercised more caution when returning to the vessel, to Southern Comfort. She could have said, I'm going to stay all the way on the port side. I'm going to try to board from the front. She could have not gone in the water at all. She could have said, I'm not going on Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 20 of 106 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 21 this vessel. I don't trust it. She didn't have that opportunity because she wasn't warned. The defendant's negligence caused Mollie's death in all three of these ways: Because he failed to report what happened on March 28th; because he failed to fix the propeller; and because he failed to warn his passengers of the imminent danger to their lives. For all of those reasons, that third element is met. The United States has shown that that third element is met, and that requires you to find the defendant guilty of Count 1. We have met our burden of proof. By all means, hold us to our high standard of proof. The judge instructed you on what reasonable doubt means, how it's the highest burden in our legal system. Hold us to that. But we've met it. We've met it on Count 1. Let's talk about the others. What is Count 2 about, this false statement to the Coast Guard? Chronologically, it actually precedes, comes before what happened on March 29th. And what it has to do with is this statement that the defendant made that he was going to use the Southern Comfort for recreational purposes, when, of course, as he told everybody in his orbit, including many of the witness you heard from today -- or not today, during this trial, that he was going to use the vessel to create a luxury scuba charter experience. The person who cosigned on the vessel, Steven Poznak, knew about it. All of the divers that Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 21 of 106 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 22 he took out knew about it. Sandy Brammeier, who worked at the marina near him, knew about it. His business was called Florida Scuba Charters. The whole point of this vessel was to be commercial, not recreational. That's what Count 2 is about. Let's go through the elements. First, that the defendant actually made the statement, that he actually said, I'm going to use this vessel for recreational purposes. Second, that the statement was false, that it was not true. Third, that the falsity concerned a material matter, an important matter. Fourth, that the defendant acted willfully, knowing that the statement was false. Fifth, that the statement was made or used for a matter within the jurisdiction of a department or agency of the United States. The first two elements, we can take together. And the evidence is from the Application for Certification of Documentation. This is Government's Exhibit 77. And you know that count -- that Element 5 is met because this application was made to the Coast Guard. The Coast Guard is an agency of the United States. Element 5 is really that simple. And Element 1 is just as simple, that the defendant made the statement. You have the vessel on the application, you have his name on the application, you have his signature on the application, and you have the statement where he checked not once but twice that the vessel was going to be used Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 22 of 106 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 23 recreationally. So Elements 1 and 5 are met. What about Element 2, that it was false, the statement was false? A statement is false, not only when it is made is it untrue, but the maker of the statement has to know it's untrue. How would he have known that it was untrue? For all the reasons I just mentioned. You are talking about someone who has a scuba charter business, who had been taking divers out by pay for years. We asked each of the witnesses who had dived with the defendant how long they had been diving with the defendant. Since 2016, said Carl McManus. For years, said Jennifer Hester. The Flynns had gone on multiple dives, and they all talked about how they paid. This is someone who ran a commercial dive business. That's how you know that he knew when he made the statement, it was false. He had been doing it for years. So Element 2 is met. What about the material, the materiality element? A fact is material if it's important and can influence the agency's decision. Here you have to -- you have testimony from many members of the Coast Guard, including Andrea Walker, who works for the National Vessel Documentation Center which is part of the Coast Guard, and she talked about this process for filling out the application for certification and how someone's representations in the application are relied on when the Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 23 of 106 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 24 certification is issued. That's what she talked about. And she talked about how it matters what somebody fills out, that it influences her agency's decision as to whether to issue that certification. That was express testimony that you got from Andrea Walker. You also heard from other members of the Coast Guard, like Lieutenant Cole, Lieutenant Commander Cole, Captain Mosquera, and what they told you was there are differences between recreational vessels and commercial vessels, that the Coast Guard has to inspect commercial vessels, whereas, it's optional for recreational vessels. Those are important facts. That the Coast Guard relied on what the defendant represented his vessel to be, that's important. That influences the agency's decision. And it's also important about the investigation piece. Because by checking "recreational," the Southern Comfort would be subject to less inspections by the Coast Guard. And we know why, in hindsight, that that was all too important. Here is the actual certification that was issued. And look at what the certification says. This is -- this corroborates Andrea Walker's testimony. She says, We rely on the representations of the person applying. He applied as recreational. The certification is issued as recreational. That corroborates her testimony. And according to Mosquera and to Cole, what should have been checked is "coastwise" and Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 24 of 106 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 25 "passenger." You heard about this term "six-pack." If there is even one passenger on the vessel who is paying, just one, it's a coastwise endorsement that was required. They all testified about that. Even one. The defendant was talking about looking up some regulations from 1993. Could have just called the Coast Guard and asked. They would have told him just like they told you here in court. The right things for him to check would have been "coastwise" and "passenger." He was operating a six-pack vessel. He had paid passengers on every trip that he took. That's relevant to this case. And so, for all of those reasons, you know that the materiality element of this second charge has been met. And lastly, the fourth element, the willful element, that he knew the statement was false. Willfully means that the act was committed voluntarily and purposefully with the intent to do something that the law forbids. How do you know? What is the evidence that he had this intent, that he was trying to do something that the law forbid? You know for a couple of reasons. Before he makes the statement to the Coast Guard, which was on March 5th, what did he do? He bought dive benches. Why did he buy dive benches? Because he was on his way to completing his plan of creating a luxury diving experience for paying passengers. You heard Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 25 of 106 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 26 plenty of testimony about his modifications to the vessel for the purpose of creating a commercial scuba charter. The dive benches is just one example. There is another. On March 16th, a couple of days after he made the statement, he bought a ladder to modify the platform. Again, for the same purpose, to make his vessel a commercial enterprise. Lastly, but certainly not least, you have this text that he sent to David Anderson on the morning of March 29th, where he says in response to David Anderson's concern that the marinas are closed -- he says, "Yeah, to recreational boats." That statement tells you that he knows he is not operating a recreational vessel. It shows you his intent. It shows you his willfulness of making the statement to the Coast Guard that was false at the time and that he knew was false. So Element 4 is met. And this second count, because we've met all of these elements, again, we ask you to find him guilty. We ask you to find that he made a false statement to the Coast Guard with regard to the purpose of the Southern Comfort. He said it was recreational, he knew well that he was going to operate a commercial scuba charter. He lied to the Coast Guard. We ask for a guilty verdict on Count 2. I will now go to the final three counts of the indictment, the wire fraud charges. What are the wire fraud Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 26 of 106 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 27 charges about? They're about the lies, as I said, at the beginning, to the Small Business Administration and to its partner lenders. And it's worth repeating because you heard a lot of this testimony as well from Althea Harris, from the Small Business Administration, from members of each lender what type of time that was at the beginning of the pandemic. You heard about the creation of the Paycheck Protection Program, what it was for, how frantic it was for the SBA and the lenders to evaluate who really deserved a loan, how their whole goal was trying to help Americans whose businesses were stopped in their tracks by the pandemic to stay afloat. That's the timing in which all of this occurs. The aim of that program was true. It was virtuous. But the defendant took advantage of it. He took advantage of it by telling lies, one of which as you can see, of course, was using loan proceeds for a golf membership. And we will talk more about that. Let's start with the elements. First, that the element knowingly -- excuse me -- that the defendant knowingly devised or participated in a scheme to defraud by using false or fraudulent pretenses, representations, or promises. I will explain more about that in a moment. Number 2, that the false pretenses, representations, or promises were about a material fact. You've seen that word "material." It means important, able to influence a Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 27 of 106 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 28 decisionmaker's decision. Number 3 that the defendant acted with intent to defraud. And number 4 -- and you will see I have a checkmark here -- that the defendant transmitted or caused to be transmitted by wire some communication in interstate commerce to help carry out the scheme to defraud. Let's take care of Element 4 right now. There is an agreement on that point too. You will recall I read the trial stipulations between the defendant and the government. And one of those stipulations was that the loans that Celtic Bank and Cross River Bank made to the defendant were made in interstate commerce from one state to another. That's what Element 4 talks about. There is an agreement on that point. You don't need to concern yourself with Element 4. I won't spend any more time on it here. We will focus on the first three elements because, by that agreement, Element 4 is met. So what is a scheme to defraud? What is a scheme to defraud? Any plan or course of action intended to deceive or cheat someone out of money or property. And what was the defendant's scheme to defraud? I talked a little bit about it already. The scheme was to defraud the Small Business Administration and its lenders. How did he do that? Well, for starters -- and we will talk about this -- his business was shut down. After Mollie Ghiz-Flynn was Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 28 of 106 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 29 killed, his business was shut down. He was not operating. The Southern Comfort was not in the water. That's the starting point. From there, the defendant compiled these documents, applications for loans, applications for forgiveness, saying, My business is operating. I have payroll expenses. I need money. He supported these applications with tax documents that the defense has agreed were never filed with the IRS, that weren't real. And then how did he spend the money? He spent the money on himself, not on employees that he didn't have, not on a business that wasn't running. He spent it on himself. That's the scheme to defraud in this case. What about the material facts? Why are these facts important? Why is what the defendant said to the Small Business Administration and to the lenders important? Again, these are all critically important for the Payroll Protection Program. You heard the representatives from the lenders. You heard Althea Harris. They sat on this stand and they told you that the very purpose of the program was to help with payroll, was to help with payroll. And what is required to have payroll? Your business has to be operating. You have to have employees who are working. These are all representations that the defendant made to the Small Business Administration, that Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 29 of 106 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 30 "my business is in good order," when it wasn't. It was gone. And you remember in these applications, all of the places where the defendant had to initial, DM, DM. All of these certifications that each of those people, Ms. Harris, Mr. Masterman, Mr. Pollack, they told you without fail, all in agreement, that these institutions relied on these representations. By initialling that "I will use this money on payroll," that's what caused them to grant the loan or to grant the forgiveness. If he had answered honestly, "My business is shut down, don't have any employees," those loans aren't getting granted. These are all material facts. And what about the intent? How do you know that the defendant had the specific intent to use these pretenses, to use these lies to cause loss or injury? It has everything to do with the timing of all of this, which follows and is alongside his business being shut down, of course. And it also has to do with how he used the money. We will talk more about this right now. Let's go through a timeline. On March 31st, two days after Mollie Ghiz-Flynn was killed, the defendant sent this text to Sean Goodman of the Coast Guard, saying, "My life is in shambles," and at the bottom of the text -- quoting, that "his business was being shut down with no income." That's what he said. Those are -- those are his words. Those are his words, and that's two days after the incident, Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 30 of 106 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 31 well before either of these loans were applied for. What happens next? On April 3rd, a few days later -- you heard from Joshua Steib, that he had traded emails with the defendant about applying for PPP loans, and that the defendant filled out this handwritten application which didn't end up being the application that he filed. But this is days after saying, "My business is shut down. I have no income." He has already started to gear up to apply for the Paycheck Protection Program. What happens next? This is the Captain of the Port Order. A Captain of the Coast Guard in a -- in his uniform, with all of his medals, took that stand and told you what a Captain of the Port order means, the authority behind it. And what did he say for this Captain of the Port order? It said to the owner of the Southern Comfort, that the Southern Comfort must not operate. It must immediately cease operations. So for Florida Scuba Charters, which as the evidence shows you, there is only one boat, the Southern Comfort, which had replaced another boat before. But this only boat that Florida Scuba Charters has, that is under order to not hit the water. That happened on April 9th. Then a month later, he files his first loan application with Celtic Bank. So a month after a Captain of the Port order is issued, Your boat cannot hit the seas, that's when the first loan application goes in. This is not one of the charges in Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 31 of 106 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 32 the indictment, but, of course, it's relevant to this whole scheme to defraud. And what does he say in this application? That my payroll was $7,500. And he also says, and keep this in mind, that he has zero employees at the time of this loan. So that's on May 11th. Back to the fake tax documents. This was submitted in connection with the loan. Kristy Kelly, the defendant's ex-wife, took that stand and said, "Never seen the document before." Couldn't tell you one thing about the figures, the numbers that are listed in that document. So this document was submitted in connection with that loan application. And then how did he spend the money? Checks to cash. Checks to himself in July, two months after the loan; in September; in October, checks to himself. Not payments to employees, not payments from the business account of Florida Scuba Charters, just checks to himself. And that leads us to what is Count 3 of the indictment, the forgiveness application to Cross River Bank which occurred on February 2, 2021, where he says my payroll has increased to $8,100. I'm sorry. This is not the forgiveness application. I misspoke. This is the second loan application to Cross River Bank. This is the second lender, where he says now my payroll has gone up to $8,100, and now I have one employee. Again, a fake tax document was submitted in support of this application. Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 32 of 106 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 33 Kristy Kelly said never seen this before. When my colleague questioned her on the figures in this document, the $90,000 in salaries and wages, her response was, "I would have remembered paying taxes on that." The 90,000 wasn't real. This document was not real. THE COURT: Five minutes on this segment. MR. KOFFSKY: Thank you, Your Honor. And how did he spend the money? Days later, this is when the check goes to the golf club for a golf membership. Membership at a golf club has nothing to do with operating a charter business. He spent the money on himself. Then on May 13th, his business was dissolved. And this is Government's Exhibit 102, official dissolution from the State of Florida. So not only was the boat ordered to be kept off the water, the business was dissolved. Then comes the application for forgiveness. This is Count 4, forgiveness to Celtic Bank, where he says, I have used the entire loan amount on payroll, where I now have five employees at the time of this forgiveness application. And he says, I had five employees at the time of the loan application, when in the loan application, he said he had zero. All of this is fraudulent. The applications themselves were fraudulent, the forgiveness applications are fraudulent. Let's go to Count 9 -- or I'm sorry, Count 5. On August 9th, this is the forgiveness application for the second Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 33 of 106 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 34 loan, and it's the same -- it's the same deal that he had five employees at the time of the loan application, when at the loan application, he said he had one. That he had five employees at the time of the forgiveness application, when his business had been dissolved, when his vessel had been ordered off the seas, that he had used the entire amount of the loan on payroll, when he had purchased a golf membership. These are all lies. And hold him accountable for these lies. All four of these elements for Counts 3 through 5 are met. I'm making the same request as I did for the first two counts. Find him guilty on these counts. Find him guilty. I have a couple of minutes left. I want to talk about this specific instruction that you got yesterday from Judge Cannon, the credibility of witnesses instruction. It's important in this case, because you heard the defendant testify yesterday for several hours. And I'm going to read from the instruction for a minute. "To decide whether you believe any witness" -- I'm at the middle of this page -- "consider the following: Did the witness impress you as one who was telling the truth? Did he have any reason to not tell the truth? Does he have a personal interest in the outcome of the case? Does he seem to have a good memory? Could he observe the things he testified about and others?" The defendant checks all of these boxes in a very Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 34 of 106 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 35 notable way. Did he impress you as telling the truth when he said that the propellers didn't cause Mollie's death, they weren't spinning under power, it was the boat rocking back and forth? Did that strike you as being truthful? Does he have a personal outcome in the case? I don't think I need to say any more about that. Did he have a good memory? Did he have a good memory about giving the safety briefing? Was his memory contradicted by all of the witnesses that the government marched in the week of February 24th? About the grounding, for example, when the defendant said, I dropped the anchor, and when five witnesses, Hester, McManus, Odom, McKenna, Abramczyk said he ran into the mangroves and ran aground? Is his memory accurate? I submit to you it's not. I submit to you, you should ignore everything that he said because the real evidence we have shown you through every other witness in this trial, members of the Coast Guard, long-time scuba divers, boat incident investigators, former friends of the defendant who still walked in to testify against him, his ex-wife who wanted no part -- who didn't want to remember this part of her life, she walked in and testified. That's the evidence in this case. And for all of these reasons, the only verdict that is consistent with this evidence, the only verdict that brings justice for Mollie Ghiz-Flynn and her husband and her family is Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 35 of 106 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 36 a verdict of guilty on Counts 1, Counts 2, Counts 3, 4, and 5. The United States asks you to return the verdict of guilty. Thank you. THE COURT: You have reserved 24 1/2 minutes. All right. Ladies and gentlemen, we're going to take a five-minute break to allow Ms. Francis to get set up for her presentation. All rise for the jury. (The jury exited the courtroom at 9:57 a.m.) THE COURT: All right. We will resume in five minutes. Thank you. (A recess was taken from 9:57 a.m. to 10:10 a.m.) THE COURT: Let's call in the jury. (The jury entered the courtroom at 10:11 a.m.) THE COURT: All right. Please be seated. Ms. Francis. MS. FRANCIS: Thank you, Your Honor. Good morning, ladies and gentlemen of the jury. The key question today, as I told you when we first met last week and I'm going to tell you again now, the judge is going to ask you to determine whether the evidence you have been shown clearly demonstrates beyond a reasonable doubt that Mr. McCabe fulfilled all aspects of the crimes that were presented to you. Now, you have the jury instructions with you today. The judge provided them on yesterday. She read through them Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 36 of 106 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 37 thoroughly. It is essential, just like the government said, that you verify each and every element of the charges that are outlined on those instructions. Now, through a great part of this case, the government has gone back and forth. It could have happened this way, it could have happened that way. But the burden on the government is not to show what could have happened, it's not to show what might have happened. Ladies and gentlemen, it's not even to show what probably happened. Their burden is to show you what did happen and to convince you of that beyond a reasonable doubt. Now, if there is a reasonable doubt in your mind after looking at all of this evidence, listening to the judge's instructions, after hearing Mr. McCabe's testimony on yesterday, and, of course, all the witnesses that the government presented to you -- I believe, it was at least 25 -- if there is a reasonable doubt -- if you find that the government has not convinced you beyond a reasonable doubt, then the law requires that you find Mr. McCabe not guilty. Now, the only thing that the government has proved to you is that, yes, an incident did happen. It was a tragic incident; however, it was not the result of the behavior or neglect or inaction on Mr. McCabe's part. There is a lot more than a little reasonable doubt here. This is a case that has been filled with a lot of Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 37 of 106 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 38 emotion. There are a lot of technical details. The circumstances are tragic. But this is not just about the events that transpired on that night in March in 2020. But what we need to do is understand the truth behind what happened. Today, we are asking you to consider the facts, the logic, and the human element that is involved in this case. The fact that what took place here was tragic remains that, a fact. There is a lot of sadness in this courtroom today and almost every day last week. That still doesn't answer the question of whether Mr. McCabe's actions caused the death of Ms. Mollie Flynn. There is not a shortcut around this legal requirement. It doesn't -- that can't get us to the point of guilty just by saying what happened was sad and tragic, because it was. It was awful. But the sad job that you have today, we all have today -- the sad job is that we have to sort through this evidence, and we need to hear and determine, no matter how unpleasant it may be, no matter how difficult it may be -- but if you still ask yourself, Has the government proved that Mr. McCabe caused the death of Mollie Flynn, you must not convict him. Now, there is no question, ladies and gentlemen -- I want to say again, as I said before, it is a tragedy. I don't dispute that for one minute. What I do dispute is that what Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 38 of 106 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 39 happened out there was criminal, that Mr. McCabe violated our laws. Now, the job that you have is to sort through this tragedy and determine whether the crime of seaman's manslaughter has been established, as the judge has defined it to you. Now, yesterday, Mr. McCabe testified and he told a story, and it's a different story than what you heard from the government's attorneys. In March 2020, Mr. McCabe did move onto his boat, the Southern Comfort. You have seen dozens of pictures of the Southern Comfort, his boat. He spent time to ensure its safety and functionality. He did carry out extensive refitting. He did upgrade the salon. He added the necessary equipment. And most important, he ensured that all aspects of the boat was safe for operation. He conducted numerous personal and crew-assisted trips. He demonstrated his capability as a prudent mariner to handle his vessel safely. Mr. McCabe has been sailing for 41 years without incident. Now, last week, Sandra Brammeier, she testified. She shared her thoughts about Mr. McCabe. She testified that she believed Mr. McCabe was a good guy, and this was without prompting. We didn't solicit this information. She highlighted not only his good character, but also mentioned the numerous times that he helped her in repairing her own vessel. This clearly demonstrates that Mr. McCabe is not only a skilled Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 39 of 106 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 40 and reliable captain, but he is also a very experienced seaman. Now, on the morning of March 28th, as with every trip, Mr. McCabe testified that he meticulously prepared his vessel. He conducted the safety briefings which he has done hundreds of times before. You heard him recite it in front of you on the witness stand. He ensured that all waivers were signed, and he provided a guided experience for his divers. Now, the conditions on that day, they were not unusual. He had navigated them safely countless times before. Now, the government presented testimony from Jennifer Hester last week. Ms. Hester experienced an incident with her speargun that she testified to. That experience led her to believe what she thought -- remember, what she thought could be an issue with the boat's propellers. Now, the government is aiming to convict Mr. McCabe based on her testimony. Jennifer Hester's testimony is the foundation of their entire case. Now, their case relies heavily on Jennifer Hester's account. And also they brought in some investigators. But remember, those investigators that testified could only testify about their interviews with Jennifer Hester. They didn't have any firsthand knowledge. None of those investigators attempted to start the boat, to check the propellers. None of them verified Jennifer Hester's claims. Now, it's important to remember that Jennifer Hester Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 40 of 106 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 41 testified that she is not a mechanic. She is a diver. She never worked on boats. She did mention, though, that she had gone diving with Mr. McCabe over 50 times. She had even participated in a second dive on the same day, the same boat, the same captain. Despite her telling you that she had concerns about potential issues, she still went out. That's how much she knew and trusted Mr. McCabe and his ability to offer her a safe charter. Now, during her testimony, she recounted the incident with her speargun. We all heard it. She said that it was drawn into the propellers, and that it was shot back out at her, and that, in turn, bent the shaft. Now, Mr. McCabe clarified with his testimony that he saw everything that happened. In his decades of experience with speargun fishing, he knows that a speargun can become easily bent. It can be bent by shooting a fish, by shooting a reef. Mr. McCabe testified that the shaft of the gun was bent between the rudder and the hull. Remember, Jurors, the government needs to prove their theory beyond a reasonable doubt. This incident that Jennifer Hester experienced does not indicate a clear propulsion issue, nor does it prove that Mr. McCabe was negligent. Now, the government called Captain Cederholm as a witness to share his perspective on Jennifer Hudson -- Hester's Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 41 of 106 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 42 bruise that she said was caused by the speargun. Although he lacked any kind of medical expertise, Captain Cederholm testified that a speargun requires significant force to bend, similar to the force of an engaged propeller. Now, he suggested that the only possible explanation for the incident that Jennifer Hester had must have been a propulsion issue. And after reviewing -- interviewing Ms. Hester, he concluded that it was likely the cause. However, once I questioned him, he admitted that he was merely relaying what he was told by Jennifer Hester after their interview. Most importantly, he acknowledged that day that he had not been involved in any speargun fishing since he was a young child. Is that testimony enough for the government to convince you that it was indeed a propeller issue? Now, Jennifer Hester's account, which does not include an inspection of the boat to actually determine the actual cause, alongside the investigators who interviewed her and reported exactly what they learned from her, lacks any kind of independent investigation. Now, the government just told you that it doesn't matter. I heard him say it twice, the why doesn't matter. Yes, it does. Mr. McCabe's life is at stake here today. So I would say, although the government told you that the why doesn't matter, it does. The same narrative keeps repeating, Jennifer Hester's testimony that the propellers were Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 42 of 106 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 43 engaged and the investigators reiterating and regurgitating her statements. There is no substantial evidence to support their claims. Now, the government also presented testimony that Mr. McCabe, after seeing the bent speargun, tried to hide it, like he took it off of the deck and tried to stow it away. I am going to urge you -- and I wanted to clear this up here -- not to be misled by any claim that he was attempting to hide the gun or ignore the issue. He had numerous spearguns on his vessel. He testified to that -- functional and nonfunctional. Now, why would he place a bent, nonworking speargun back in the same place with the functional working spearguns? The government is exerting considerable effort to persuade you of wrongdoing. None exist. When Mr. McCabe was informed about the incident, he responded to Jennifer Hester each time she raised an issue. You saw it yourself. You saw the messages. Were they ignored? No. He responded. There was no negligence. There was no inaction on his part. He acted as any responsible sea captain would have after he was made aware of a possible issue. Investigate it and seek to repair it. That is what he did. Where is the negligence there? Where is the inaction there? It doesn't exist. Now, the following day, March 29th, the vessel, once again, was functional without any issues. Dave Anderson, he Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 43 of 106 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 44 testified -- the first diver -- that his charter went on without incident. No mechanical failures were reported. The alleged malfunction that the prosecution claims happened, they were just not evident there. And that's based on their witnesses' testimony. Now, think about that for a second. The prosecution has suggested that the boat had a propulsion and a steering issue and was broken on September 28th. Right? And they also claimed that Mr. McCabe failed to fix it. Negligence. They're very sure about this. So what I want to know is, if the boat was broken on Saturday the 28th, how is it that it was miraculously fixed and became functioning on March 29th, the day after? No propulsion issues, no steering issues. I believe the government mentioning that it was -- the boat, on the prior day, was inching along. That was not present the next day. So what happened? Was it miraculously fixed, or did Mr. McCabe and his engineer get on the boat and fix the boat after investigating its issues? Now, that vessel was capable of completing its trip on both days without any issues at all. There was no loss of main propulsion, as the government's one witness who all the investigators are basing their claims on has stated. Now, Mr. McCabe sat before you and he testified to the contrary. You heard from Sandra Brammeier that Mr. McCabe is a Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 44 of 106 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 45 respectable seaman. He has helped her repair her vessel on numerous times. He has plenty of experience. Now, Mr. McCabe testified that he was prudent after experiencing those issues on the 28th. He employed his mechanic, John -- you have heard his name a couple of times -- to come on board immediately and correct and repair. He clarified -- Mr. McCabe -- why he didn't report the alleged grounding. The grounding, ladies and gentlemen, simply did not occur. Now, the Coast Guard regulations do mandate reporting of groundings; that is true. But Mr. McCabe was anchored at the time. He testified that he dropped his anchor. There was no damage to the boat. A tugboat wasn't necessary. His engineer was able to push his boat (indicating) back into steering. There was no report of a grounding because it did not occur. Now, the government wants you to believe that the boat was grounded and that Mr. McCabe's failure to report that grounding constitutes negligence. Not only negligence, they mentioned the disregard for regulations. However, I encourage you to consider one important question. What evidence did they give to you? What evidence did you see? What evidence did you hear that substantiates their claims of a grounding? Nothing. They have offered no conclusive or definitive proof that a grounding occurred. He wasn't ticketed. He wasn't fined. There was no official determination that he was Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 45 of 106 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 46 grounded. He testified himself that he was grounded, contrary to one person testifying that he was; again, Jennifer Hester. That, ladies and gentlemen of the jury, gives you reasonable doubt. The only testimony regarding the grounding came from Jennifer Hester. Again, the government brought out its investigators as witnesses, but they offered you nothing beyond what they had been informed by Jennifer Hester, who is neither a captain, nor a mechanic. Now, in contrast, Captain McCabe testified that he and his mechanic conducted a thorough testing of the boat and found no issue with the propulsion. Even Jennifer Hester confirmed in her testimony that the mechanic arrived promptly. Where is the negligence in that? Now, this is the only piece of information that is 100 percent consistent with each witness who shared their account of the grounding. The divers who testified last week, each one of them stated to you that Mr. McCabe called his mechanic to address any problems. Each one of them, every one of them saw his mechanic on the boat working. This is an undisputed fact. Again, I'm asking you to show me the negligence, show me the inaction on Mr. McCabe's part. Now, it's crucial to understand that there is no way that the government can claim that Mr. McCabe, after being made aware of possible issues, summoning his mechanic to the boat, could then be labeled as negligent or inattentive to his Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 46 of 106 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 47 responsibilities. He acted precisely as he should have, precisely as any reasonable sea captain would have. Now, if Mr. McCabe had failed to resolve the problems, then he could be deemed negligent and inattentive to his responsibilities. But that is not the case here. Especially when, as I said, every witness that you heard testified that he reached out to his mechanic, and they reported to you that they saw his mechanic come onboard the vessel and initiate repairs. Mr. McCabe testified that he started the boat. While it was in the water, he carefully inspected the engine and the propulsion system. He did discover an issue, a separate issue, and that was with the starboard side battery, which was promptly fixed, hence he was able to go out the next day. How can they claim that he did not address any issues? If the vessel had indeed been in disrepair, it would not have performed successfully during the dives as confirmed by the divers that testified. Sandra Brammeier, she testified that boats often experience issues, boats break, they break down frequently. And again, she often relies on Mr. McCabe for assistance in repairing her boat when any problems arose. Again, he is experienced. It is also crucial to note that Mr. McCabe is a careful seaman. He takes great pride in his vessel and in his business. He is trusted by fellow seamen, sea women to work on Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 47 of 106 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 48 their boats. However, today his freedom and his life, they're in jeopardy. And this is due to the government's claims, claims that they have made without any evidence that he neglected to address any problems, when all of their witnesses testified to the contrary. Jurors, do not accept this. This -- the witnesses have confirmed that his mechanic was already on the boat and performing repairs. Now, there is a reason why the government can't provide any clear and sure evidence of the boat's alleged malfunction and propeller issues, one glaring reason they have been attempting to ignore. The vessel, the Southern Comfort, which is key and central to their case, it is unavailable for inspection. Without any physical examination, the government cannot definitively prove or demonstrate that the propeller malfunction took place. This is the main, crucial part of their argument. Now, the absence of this vessel, it leaves a significant gap in the evidence. And remember, the standard is still beyond a reasonable doubt. Ladies and gentlemen, there is substantial doubt regarding the vessel's condition. You haven't observed it, nor have you heard any testimony about the identified issues. You haven't heard any testimony about the repair efforts aside from that of Mr. McCabe's account. How can anybody be certain without this essential piece of evidence Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 48 of 106 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 49 which the government has built their entire theory on if it's not available? Notice that whenever a witness or one of the defense attorneys mentions that Mr. McCabe had his mechanic on the boat right away, it's overlooked and dismissed. They failed to address this fact because it undermines their entire case that Mr. McCabe was negligent, inattentive, or failed to report or provide warnings. Now, the prosecution, they didn't even inspect the vessel when they were able to, when it was available. They lacked due diligence, and it undermines their ability to present a credible case regarding any fact about any mechanical fault of that vessel. Now, the government's narrative, it didn't take into account the dynamic and ever-changing nature of marine environments. Mr. McCabe, he provided testimony regarding the waves and the wind conditions. Additionally, and most important, the medical examiner presented crucial evidence to you. Now, while the injuries look and appear serious, the medical examiner testified and clarified that Mollie Flynn's wounds were, in fact, superficial and not life-threatening. This is the testimony from the medical examiner. And I want to say that again. He testified that Mollie Flynn's wounds were, in fact, superficial and not life-threatening. He emphasized Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 49 of 106 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 50 that with the appropriate medical care, that she would have likely survived. Mr. McCabe testified that it took 26 minutes for the United States Coast Guard to arrive after he called. Now, Mr. McCabe also indicated that the presence of the waves could explain the injuries classified by the medical examiner as superficial, rather than attributing them to the propeller as claimed by the government. Now, Mr. McCabe explained to you that if the propeller had indeed been engaged, it would have rotated at a speed of 42 times a minute, potentially causing over 20,000 wounds. According to the medical examiner, such a high number of wounds could not be deemed superficial. There is a discrepancy. This discrepancy between the government's claims and the medical examiner's findings has certainly provided you with substantial doubt about the true circumstances surrounding the incident. Now, the government has also attempted to persuade you that Mr. McCabe committed wire fraud based on the circumstances surrounding his application, his forgiveness request for the Paycheck Protection Program. Now, they showed you his applications, and they claimed that he misreported both the number of employees and the total payroll amount. However, Mr. McCabe testified that he meticulously followed the bank's instructions. He reached out in realtime. Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 50 of 106 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 51 He had realtime assistance while filling out this application. And he testified that he was advised to report the number of employees who would have returned had the boating segment of his business been operational. Now, he maintained that he was told this and that this was the correct way to complete the form. The bank representative that testified also stated that Mr. McCabe did have a phone call, did have a comm, did provide -- did ask essential questions for filling out his Paycheck Protection application. Now, the government claims that this alleged PPP fraud scheme was for Mr. McCabe to unlawfully enrich himself. The evidence doesn't show this. Mr. McCabe testified about his business expenses, his payroll, his slip rent, utilities, maintenance, and a host of other expenses that he was still responsible for. Once more, again, he reached out to the bank representatives and received assistance in completing these applications. Now, Mr. McCabe testified and presented evidence demonstrating that he did not make any misleading statements regarding the information on the PPP loan, and that his business was indeed operational at the time he secured the loan. He confirmed that he employed five staff; they have been with him for over four years. Mr. McCabe testified that he actively worked as both a dive instructor and trainer. So although his business adapted Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 51 of 106 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 52 to new circumstances after the accident, it remained operational. It was not shut down following the tragic accident. I would like to note that the government also provided forgiveness application 3805S. I believe they showed you this form over and over again. But they failed to mention that that's not the form that he submitted with his Paycheck Protection form. Mr. McCabe filled out an entirely different form that you haven't seen, 3805EZ application for forgiveness. The government failed to provide the proper form. Now, after acquiring the Southern Comfort, Mr. McCabe testified that he researched extensively the requirements for his new vessel. He testified that he contacted the United States Coast Guard sector in Miami. He contacted the Marine Safety Detachment in Lake Worth to verify his understanding. He testified that the United States Coast Guard representative informed him that the six-pack regulations were designed to ensure the safety of uninspected recreational vessels used for chartered scuba diving. This is why Mr. McCabe classified the boat as recreational in the documentation, and this was according to his research and information he received directly from the Coast Guard. Ultimately, the government just -- they have not proved beyond a reasonable doubt that Mr. McCabe misled any official by asserting that he would be using his vessel for recreational Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 52 of 106 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 53 purposes. His claim aligns perfectly with his actual use of the vessel. He testified that his boat was specifically refurbished, modified, updated for recreational activities. Now, Mr. McCabe's testimony yesterday, it dispelled any doubts regarding his intentions and his actions. The alleged false statement was not only accurate, but it was consistent with his behavior and on point with what he was able to research and confirm through phone calls to the United States Coast Guard. He asked for and received assistance in completing that form that the government showed you. Now, Mr. McCabe presented evidence that highlighted the substantial changes that he made to improve his boat for recreational use. The boat underwent refitting, refurbishment, and he shared different experiences, including fishing trips, cruises with family and friends for which he received no payment for. Now, this clearly illustrates that the vessel was intended for the enjoyment and relaxation of Mr. McCabe and his guests. The government has supplied his application as evidence -- that's it -- which he completed with assistance from the Coast Guard. Now, yesterday, they argued that Mr. McCabe should have selected a different option, or he should have selected multiple options on that form to classify his vessel; however, that application that they showed you, it does not indicate Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 53 of 106 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 54 that more than one option should or could be selected. He adhered strictly to the regulations as he understood them. He followed the guidance provided by the United States Coast Guard. This, ladies and gentlemen of the jury, again, establishes reasonable doubt. Now, the burden of proof, as the judge told you, lies with the government to demonstrate to you beyond a reasonable doubt that Captain Dustin Sean McCabe's actions were negligent. There is plenty of doubt. Plenty of doubt. What has been shown throughout this trial is that while the outcome was tragic, the actions leading up to it, they were not criminal. The prosecution has failed to meet this burden, and the evidence presented -- even their evidence supports the conclusion that this was an unfortunate accident, not a case of manslaughter. They failed to fulfill their responsibility in persuading you, the jurors, that there was a fraudulent scheme, and that he provided misleading statements regarding how he classified his boat. Mr. McCabe successfully presented testimony and evidence that countered each and every single one of their false accusations. Now, the prosecution has presented fragments of the story rather than the complete narrative, and this is to persuade you regarding the PPP issues. They have referenced a Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 54 of 106 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 55 few bank statements from 2019. Mr. McCabe testified that he has several bank accounts dating back to 2024. They just showed you three checks, only three checks made out to cash to Mr. McCabe. And they want you to believe this constitutes fraud, that he spent the money on himself. He testified he is a businessman. He is allowed to pay himself. They showed you, again, a few bank statements from 2019 and three checks. They even brought in his ex-wife. And they brought her in to share insights about his business dealings during the very year that they were separated. Think about that. When the defense attorneys asked her basic questions, very basic about the business operations, she was unable to provide any answers. Additionally, they let you hear a brief clip yesterday -- I believe they let you hear maybe, 15 to 20 seconds of it -- of an interview with Mr. McCabe that lasted at least 35 to 40 minutes. Again, they're showing you bits and pieces, fragments of the story instead of the whole picture. There is no way that you can convict Mr. McCabe based on their incomplete story. On the contrary, Mr. McCabe, he has been honest in his testimony, he has been transparent in his testimony, and he has been very clear and concise about his intentions and about the actual events that transpired. So Jurors, as you deliberate, I urge you to consider Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 55 of 106 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 56 the totality of the circumstances, and the character of the man sitting over there, Dustin Sean McCabe. He is not just a seasoned seaman. He is a man who has dedicated his life to the sea. 41 years, no incidents. He has dedicated his life to the safety of those that sail with him. Jennifer Hester, 50 times she's gone out with him. To hold him criminally responsible for an accident would not only be an injustice to him, but also to the principles of fairness and truth that our justice system stands for. In closing, Jurors, I am asking that you find Mr. McCabe not guilty. Recognize the distinction between this tragic accident and negligence. Your decision will not only affect his life, but will also serve as a testament to the integrity of our judicial process. Thank you, jurors. THE COURT: Thank you, Ms. Francis. Mr. Keller, 24 1/2 minutes. MR. KELLER: Yes, Your Honor. We just need to get set up a little bit. Test, test, test. Okay? May I proceed, Your Honor? THE COURT: You may. MR. KELLER: The defense said over and over again that this is a tragedy. And it is. It's tragic. But this is not -- and Mollie was not struck by lightning. She wasn't stricken by disease. She was slaughtered. There is no other Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 56 of 106 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 57 way to talk about it. She was chopped up and she was held under the water. And you heard from Dr. Tops that she suffered. And you heard from her husband who sat right there (indicating) a week ago, that she was panicking, that she was afraid, that that's how she died, right across from her husband. And I told you in the opening statement that you were going to have to see what that looked like. And you did. And it was awful. But I also told you why it was important, why it's important for me to say this to you now. Because it's the stakes when this defendant takes out scuba passengers onto this boat. It's telling you, it's showing you the risks that are involved, and why these rules are like they are, why they're written in blood, like the Coast Guard explained. And that's why the negligence standard is so important here. Because what this case is about is the defendant being responsible, being in charge of that boat, and of the fact that he knew about the problems on this boat from the day before, about the fact that he didn't report them, about the fact that he didn't fix them, which you know because the exact same thing happened to Mollie that happened to Jennifer Hester. But it just ended differently. Think back to those two sitting on that stand, talking about what happened, Sean Flynn and Jennifer Hester, one day after the other. The same experience. Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 57 of 106 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 58 Now, I'm going to talk a little bit about the jury instructions before I talk about the evidence and respond to what Ms. Francis talked about. As you go back there to deliberate, what you're considering is the evidence you've seen and heard. The 25 witnesses or so that we brought up there last week, and Mr. McCabe's lies yesterday, lie after lie, ridiculous lies about Mollie being under the boat from a current, about the current wrapping her leg around the shaft of this boat. Ridiculous. And you, as the jury, are the ones who decide that. You can say it's ridiculous, and you can put it in the garbage where it belongs. And you can look at the witnesses you saw last week and know that those are the ones that you should be following. Those are the ones who are telling you the facts. These people who are his friends who have no reason to lie -- and we will look at this instruction in a minute -- these people who knew him. Sandra Brammeier said, He used to help me carry things, but she was there testifying that the boat captain's responsible. Think back on redirect when I asked her, "If someone helps you fix that boat, who is responsible?" She was looking over at him. And she looked at you and she said, "I am. I am responsible," because she knows how important this is. She knows how high the stakes are for her as a boat captain, and how high they were when this defendant decided to take those Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 58 of 106 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 59 people out on that boat on March 29th, including Mollie who paid the price. The next thing I want to say, as I get us to the evidence and talk about it more, is that what I tell you right now and what Ms. Francis just told you is not evidence. That if you didn't hear it from that witness stand (indicating), then you put it in the garbage just like you should Mr. McCabe's testimony. That Ms. Francis said, "41 years, no incidents." Put that in the garbage. That's not in evidence. So what you should be paying attention to when you go back there is what you heard right there (indicating). All I'm trying to do right now and all any lawyer should be trying to do is just to help guide what that evidence was and what's important. And to talk a little bit more about what you're supposed to do with this evidence. You've heard Ms. Francis talk about: Where is the boat? Well, you heard where the boat is. That what happened that day is Florida Fish and Wildlife had no idea about what happened on March 28th because this defendant had never reported it, and he never mentioned it when he was being interviewed by them. Instead, he told them, "Well, I live on this boat. I need it back." So they let it go. Why does that not matter? Well, because as you see here, there are different types of evidence that you hear in Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 59 of 106 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 60 court, and the reason for that is because we live in the real world where things play out differently than on the TV, where sometimes, all that you have -- and this is not the case here -- is witness testimony. Ms. Hester might not have taken a picture of her bruise, but she could still get up on that stand and say to you, "I had a massive bruise on my leg." And if I believe her, that is evidence that you credit to do your job. And that's called -- there is direct and there is circumstantial evidence. And any of those are enough for you to consider and to decide what happened here as the factfinder. Now, witnesses. Witnesses are a particular type of evidence, a particular type of testimony that you heard time and again last week, and then with Mr. McCabe this week. And you get this list in your instructions about what to think about. Did the witness impress you as one who was telling the truth? Think about those people who came up last week. His friends. His ex-wife. Members of the Coast Guard who have been doing these jobs for decades. People who have been scuba diving for decades, like Carl McManus. Are these people who came up here to lie? Of course not. Did any of these witnesses -- to look at the second one, have a -- have a particular reason not to tell the truth? Of course not. This was their friend. In contrast, this defendant when he took that stand had every reason to lie. The Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 60 of 106 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 61 jury instructions tell you to consider that because it matters. And that's why he gave you these ridiculous stories that he gave you time and again about every single issue in this case. Couldn't admit to anything. You heard five witnesses tell you about him grounding that boat. He couldn't even eat that. That's the kind of testimony you heard yesterday for hours. And you see here in the instructions why it is you should throw that in the garbage. It's because this is why he was doing it, because he is just trying to save his own skin. Again, the third one. Did the witness have a personal interest? Of course, he did. Unlike all these 25 witnesses you heard last week, who have nothing to gain and were his friends. The last jury instruction I want to talk about before I start talking about some of the evidence and responding to Ms. Francis is reasonable doubt. Because you heard Ms. Francis talk about what that is, and I want to show you the instruction and have you see that it is not beyond all possible doubt. That what you're supposed to do here is use your reason and common sense. And I bolded and underlined that because it's so important. And you will see in the jury instructions that reason and common sense come up a lot, because that's what you as jurors are doing. That's why you have been chosen to serve on a jury, to do your duty. Now, let's talk about each of these charges and what Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 61 of 106 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 62 you just heard Ms. Francis talk about. Because, again, what she said is not evidence. What you should be concerned about is what happened in that witness box last week and this week. Let's start with Ms. Hester. Ms. Francis suggested that Ms. Hester is our whole case, is all that you saw. But think back to last week. She testified on Monday afternoon. You heard witness after witness after that, including people who were on the boat, Carl McManus, Kimberly Odom, all telling you about the same stuff, that this defendant lost the ability to go in reverse in this boat, when he testified yesterday that it was a perfect dive, the second dive. Ridiculous. They all testified about the boat being grounded. Ms. Hester told you about the speargun incident. Who else told you about that? Steve Poznak did, that the defendant called him up, told him that the propeller was activating when it was supposed to be in neutral, and that Ms. Hester got hit by her -- the butt of her speargun, and that Mr. Poznak told him, "You've got to fix that. That is dangerous." But then this defendant took the stand yesterday and told you that was all lies, that all this was just made up by all these people. Again, go back into the instructions. Your decision is who to believe. I would submit to you, Members of the Jury, that you throw Mr. McCabe's testimony in the garbage on that Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 62 of 106 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 63 point. That those people who took the stand last week, who had nothing to gain, who had no reason to lie, were telling you what happened. For the grounding, it was five people. Ms. Francis suggested it was just Ms. Hester. It was Jennifer Hester, it was Carl McManus who complained about how long he was on the -- stuck on the boat. He made that up? Of course not. It's ridiculous. You heard from Jordan McKenna. You heard from Kimberly Odom. You even heard from the North Palm Beach Police officer, Mr. Abramczyk, about this same thing. And this defendant got up on that stand, sat right there (indicating) and looked at you and said they all made it up. No. Members of the Jury, you throw that right in the garbage. As far as these witnesses go, Ms. Brammeier, who the -- who Ms. Francis was talking about, think back on her testimony about the defendant. You can remember Ms. Francis had asked her about him being a good guy, and she said, "He's a good guy." Think about the next question, "Is he a good captain?" Think about how she responded. She sat there. She froze. She thought to herself, What do I do in this situation? And do you remember her answer? It was, Uh, he is not not a good captain. That was all she could bring herself to say about this man that she had been working with alongside for about a decade. That's Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 63 of 106 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 64 the nicest thing she could say about him. What about the Coast Guard employees? One of the things that Ms. Francis didn't talk about is these Coast Guard employees saying what the obligations of a captain are, which are the same thing that Ms. Brammeier talked about. And Ms. Brammeier's testimony was important because it echoed what they told you, which is that this defendant was responsible, as the owner, as the captain. That once he knew there was an issue on that boat, it was his responsibility to get it fixed, it was his responsibility to report it, and it was his responsibility to warn passengers about a known danger. And you heard that from the passengers too. And one thing to remember, Members of the Jury, is that these weren't just any scuba divers. These weren't people who had just started. These aren't people who were on their third scuba diving trip. These are people who had been doing it for over a decade, some two decades. And you heard from every single one of them, the same thing about what this defendant's responsibility was as the captain, as the owner of that boat. And it was the same thing you heard from the Coast Guard. It was the same thing you heard from Captain Sandy Brammeier. The same thing. And then he gets up on the stand. He looks at all of you while he is under oath, and he says, Well, I mean, they're giving half truths. They don't really know what's going on. Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 64 of 106 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 65 It's more complicated than that. Folks, it's not. It's very simple. As you heard from Ms. Brammeier, that when you are doing something like this that's dangerous, when you have paying passengers, that you are the person who is responsible, just like this defendant was for what happened to Mollie. That's what this case is about. And you saw through those witnesses about the failure to report, about the failure to fix the boat, which you know because the exact same thing happened the next day. It's not rocket science. Jennifer Hester gets up, says, I had this bizarre, crazy experience. I got sucked under a boat. I have been diving for 20 years. This has never happened to me before. I got so lucky. The next day, Sean Flynn comes up, a week ago today, describes the exact same thing. Even the sensations he felt. Remember what they talked about. What did it feel like? Remember when I asked them those questions? "It felt like I was getting sucked from the back. It felt like water was kind of disappearing behind me, and then I felt myself getting sucked down." They even felt the same thing, because it was the exact same experience that resulted from the exact same thing happening, which is that port side propeller sucking them under. It's an incredibly dangerous thing that happened on Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 65 of 106 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 66 March 28th, and that Jennifer Hester told this defendant about. And he blew it off. He didn't want to deal with it. He had just bought this boat. He wanted to have fun. He wanted to bring out some paying passengers to pay his boat note. That's what this defendant had in mind at the expense of Mollie's life. And that's why we're in federal court and that he is facing charges for it, because he was responsible. Now, moving -- that's why he is guilty. Moving us to Count 2, where the defendant trotted out something you heard over and over again as he testified all day yesterday, which is this: If he can't come up with a story, he does one of two things. He either blames somebody else which is what he did here. "Oh, I called somebody, and they told me this, and, you know, then I just did it. I looked it up on a website." When you heard from Coast Guard member after Coast Guard member that these rules are clear. They are important. They determine whether someone is even investigated by them. And he is expecting you -- this defendant is expecting you to believe that he talks to somebody and they were confused about it and they gave him confusing information. No, Members of the Jury. Throw that in the garage. Just like when we get -- when we get to the wire fraud, he did with the bank. That's the one play. "Oh, I called Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 66 of 106 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 67 somebody, and they told me I could lie. I called somebody, and they gave me the wrong information." And, by the way, the defendant would tell you and have you believe, the people who came and testified, they didn't really know what they were talking about. They were giving half truths. Because they have it out for him or something? Again, go back to the jury instruction on witness credibility, because this defendant would either make up a story, blame it on somebody else or -- and we'll get to this on the tax documents -- tell you, "Well, maybe those aren't even the documents. I mean, who really knows whether that's the actual thing they looked at?" Well, the bank representatives do. And they came and testified last week, and they told the members of the jury that this is what they looked at. So we would submit to you that you can't credit anything he said about that registration, and that what you can credit is the actual evidence you saw which is that he was a merchant mariner, he had been one for years. You heard from Sandy Brammeier, to become a merchant mariner, you are taking class after class on Coast Guard regulations. You've heard from Andrea Walker about how important these regulations are, about how important this registration is. And you even heard the defendant tell you, "I know about Coast Guard regulations." He knew. But now that he's -- now Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 67 of 106 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 68 that he's facing accountability for it, he is doing what he can. He is blaming other people. No, Members of the Jury. Follow the evidence that you have, the knowledge that he had as a merchant mariner, as a person who swore an oath to know these rules, who swore an oath to follow them, when the simple fact is he did this because he didn't want to be subject to the rules. You heard about FWC coming out to the scene that day, Well, if it's recreational, then usually, we, like, take a look at it. Whereas, once it's commercial, it's serious. Once it's commercial, the Coast Guard is involved. The defendant didn't want any bit of that. And you know why when you saw what happened on the 29th, because he is taking this boat out no matter how broken it is, just to get these paying passengers. Now, let me now move on to the wire fraud, and to tell you you should find him guilty of Count 2 as well. Remember, there are three counts to this wire fraud. The first is the second PPP loan application, the one where he claims $8,100 in payroll; the second is the first PPP loan forgiveness application. And I want to note, Members of the Jury, in those loan forgiveness applications -- and this is important, and you heard testimony about this -- Mr. McCabe re-swears to all of this stuff that he did on the application to get the money in Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 68 of 106 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 69 the first place. That's the first block that he initials in that application. So this idea that the first application doesn't matter just because it's not a count here is nonsense. That's how he got the money in the first place. It's absolutely relevant to see how he got it by lying about the payroll information in the first place. THE COURT: Five minutes. MR. KELLER: Yes, Your Honor. The first thing I want to talk about is this idea that everybody else is lying, and that Mr. McCabe is somehow giving you the real scoop on this Florida Scuba business. That Ms. Kelly, who testified last week, who said We never had any payroll. We were -- they were just struggling to get by. She was the one who was paying for their family. She was working a real job while the defendant was out on the scuba boat basically making tips. And she's like, I don't know where you would get the idea that we had employees. Mr. McCabe comes and testifies and says, "Oh, she doesn't know what she's talking about." Really? When she's the one who's paying the bills, she doesn't know what she's talking about? He says, "Oh, well, she got hurt. After that, she doesn't know the business." She was keeping the books. The notion that she didn't know the business makes no sense. Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 69 of 106 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 70 And then, think about when she took the stand and I showed her those tax documents. "Have you ever seen these?" And, by the way, Ms. Francis said -- I'm getting him -- her to testify about 2020. It was a 2019 tax form, when she was still working for the business, when she was still married to him. "Ms. Kelly, have you ever seen this document?" "No. Absolutely not." "Ms. Kelly, do you remember making $90,000 in profit, like this tax document says?" "No. I would have paid taxes on that. I think I would remember." And then this defendant takes the stand. I show him the same document. He can't even bring himself to acknowledge that he made it when we just had a bank witness say we got this with our application. So, what, is the tax document fairy manufacturing this for you, Mr. McCabe? Of course not. He made it. He made this fake tax document so that he could get some money. It's really that simple. The same is true when it comes to claiming these employees. Think back on Mr. McCabe's testimony. It's basically like, "Listen, I called the bank and they told me to lie on the application." That's what this defendant is suggesting you believe. And then maybe realizing that that wasn't going to fly, he says to you, Well, Members of the Jury, Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 70 of 106 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 71 this isn't even the form they looked at. Don't even worry about it. I mean, it says $20,000, but, like, what's $20,000? This isn't even the form. When you just heard from the bank, This is the form we took. This is the form we accepted. This is why we gave him this free money. Members of the Jury, your job is to evaluate who is telling the truth. Your job is to think back on this defendant sitting right there (indicating) yesterday, just yesterday, and telling you lie after lie after lie, and sitting there thinking, they're probably buying it. No. You saw a week's worth of evidence before he testified that shows you that everything he told you, just about, is a lie. I mean, literally, he told lie after lie after lie. He wouldn't acknowledge anything, even the grounding. And Members of the Jury, we submit that once you throw Mr. McCabe's testimony in the garbage, once you look at the real evidence that is telling you the truth, that you will do justice to this case. You will do justice to Mollie, you will do justice to Sean, you will do justice to this community, and you will convict this defendant of all five counts in the indictment. Thank you. THE COURT: Thank you. Ladies and gentlemen, a few instructions at this time. You will be permitted now to commence your deliberations. In a few moments, you will be presented with Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 71 of 106 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 72 the exhibits that were admitted in evidence for your review. Take all the time that you need and follow the instructions carefully. In addition to that, I do want to make a point regarding our alternate jurors. We have had three alternates during this trial, and they are as follows: Helen Kutukyan, James Herfy, and Maureen Kielian. They will not be deliberating with you. So I apologize if you were looking forward to that process. But I will caution you to stay at least within 45 minutes of the courthouse because occasionally things do take place that are outside of our control and require us to call our alternate jurors back. And so to the alternates, do not discuss this case with anybody. Do not conduct any investigation. And continue to abide by all of the instructions that I have indicated throughout the course of this trial to the extent we do need to call you back. For your comfort, we will call you as soon as possible once we know that you can be officially released. For the jurors who are deliberating, we will make sure that you have lunch so that you do not have to leave the courthouse during this process. And that concludes my instructions to you at this time. So what will happen now is we will ask our alternates to first leave so that you do not commence deliberations until they have left. To our alternates, I will also advise you that Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 72 of 106 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 73 you will be given a certificate signed by me which is merely a small token of the Court's appreciation for your time and effort over the course of the last week and change. So, with that, thank you. We will now permit you to return to the jury deliberation room to commence your deliberation after the alternates have exited. (The jury exited the courtroom at 11:17 a.m.) THE COURT: All right. Thank you. Are the exhibits ready? MR. STIEHL: Your Honor, I gave them to -- Mr. O'Sullivan, are they -- have you reviewed them? THE COURT: All right. Just on the record, Mr. O'Sullivan, have you had a full chance to review the exhibits, and are you confident that no exhibit is in that set that has not been admitted into evidence? MR. O'SULLIVAN: Yes. Mr. Keller gave them to me prior to court commencing this morning prior to 9:00. I have had a full opportunity to look at them, and I have no objection and full confidence that everything is as it should be. THE COURT: Okay. Mr. Keller, same question. MR. KELLER: Yes. MR. STIEHL: Yes, Your Honor, I have reviewed the evidence, and it is everything. And again, Mr. O'Sullivan reviewed it as well. THE COURT: Okay. And the -- the index is there too? Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 73 of 106 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 74 MR. KELLER: We are including an index, and we can provide Your Honor a copy if you would like, or no? THE COURT: Yes, please. MR. O'SULLIVAN: I have received a copy of the index from Mr. Keller this morning prior to court commencing. I have had a chance to review it and I have no objection. THE COURT: Okay. I will ask my law clerk to add the redacted indictment into that box. Please leave your cell phones, Counsel, on a piece of paper on the ledge there so we can reach you in the event of a question or any notice from the jury. The Court will be in recess, of course, while the jury deliberates. Anything further at this time, Mr. Keller? MR. KELLER: No, Your Honor. THE COURT: Mr. O'Sullivan? MR. O'SULLIVAN: Nothing from the defense, Your Honor. THE COURT: Okay then. All right. Please give those exhibits to court staff, along with the redacted indictment. There is also -- that's the tablet for playing of any audio/visual exhibit, is that correct, Mr. Stiehl? MR. STIEHL: Your Honor, there is digital copies of all the exhibits on the tablet, so the video, but also just more -- a second copy of all of the physical exhibits. THE COURT: Okay. And are you sure that there is nothing else on this laptop that should not be viewed by the Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 74 of 106 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 75 jury? MR. STIEHL: I have reviewed it, Your Honor, and I didn't see anything of that nature. THE COURT: Okay then. All right. Well, we have everything we need then. Please stay within 15 minutes of the courthouse and leave your cell phones, as I said, with Ms. Alexander. (A recess was taken from 11:21 a.m. to 2:31 p.m.) THE COURT: Good afternoon. Please be seated. We received a note that the jury has reached a verdict, so we will now call the jurors in, please. COURT SECURITY OFFICER: Yes, Your Honor. THE COURT: I will note for the record that everybody is present. MR. O'SULLIVAN: Thank you, Your Honor. (The jury entered the courtroom at 2:32 p.m.) THE COURT: Please be seated. Good afternoon, ladies and gentlemen. I understand you have reached a verdict. Is that correct? A JUROR: Yes, Your Honor. THE COURT: All right. Did you say, yes, sir? A JUROR: Yes. THE COURT: Okay. Is the verdict unanimous? A JUROR: Yes, Your Honor. THE COURT: Okay. I'm going to ask that you please Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 75 of 106 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 76 hand the verdict over to Ms. Alexander so that I may review it before it is published. Okay. I will now hand it back to Ms. Alexander to be published. And, ladies and gentlemen, please listen carefully to the verdict as it is being read, because I'm going to do what's called polling the jury, which means going one by one, asking each of you whether the verdict as read is your true and accurate verdict. So, with that, Ms. Alexander. COURTROOM DEPUTY: The United States of America v. Dustin Sean McCabe, verdict form. Number 1, We, the jury, as to Count 1 of the indictment unanimously find the Defendant, Dustin Sean McCabe, A, that the defendant was a captain, engineer, pilot, or other person employed on the vessel, and that a loss of life was proximately caused by the defendant's misconduct, negligence, or inattention to his duties on the vessel. Guilty. B, that the defendant was an owner or charterer of the vessel and that a loss of life was proximately caused by the defendant's fraud, neglect, conveyance [sic], misconduct, or a violation of the law. Guilty. Number 2. We, the jury, unanimously find the Defendant, Dustin Sean McCabe, as to Count 2 of the indictment, guilty. We, the jury, unanimously -- number 3. We, the jury, Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 76 of 106 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 77 unanimously find the Defendant, Dustin Sean McCabe, as to Count 3 of the indictment, guilty. Number 4. We, the jury, unanimously find the Defendant, Dustin Sean McCabe, as to Count 4 of the indictment, guilty. Number 5. We, the jury, unanimously find Defendant, Sean -- Dustin Sean McCabe, as to Count 5 of the indictment, guilty. So say we all, signed by the foreperson on March 4, 2025. THE COURT: Thank you, Ms. Alexander. All right. Juror Number 1, is the verdict as read your true and accurate verdict? A JUROR: Yes, it is. THE COURT: Juror Number 2, is the verdict as read your true and accurate verdict? A JUROR: Yes, Your Honor. THE COURT: Juror Number 3, is the verdict as read your true and accurate verdict? A JUROR: Yes, Your Honor. THE COURT: Juror Number 4, is the verdict as read your true and accurate verdict? A JUROR: Yes, ma'am. THE COURT: Juror Number 5, is the verdict as read your true and accurate verdict? Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 77 of 106 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 78 A JUROR: Yes. THE COURT: Juror Number 6, is the verdict as read your true and accurate verdict? A JUROR: Oh, I thought I was 7. Yes, ma'am. THE COURT: Juror number -- I want to make sure. I will just use the names then. What is your name, ma'am? A JUROR: Middlebrook. THE COURT: Perhaps you all -- there it is. You are Juror Number 7, correct, ma'am? Ms. Middlebrook, is the verdict as read your true and accurate verdict? A JUROR: Yes, Your Honor. THE COURT: Juror number -- Ms. Tucker, is that your name? Ms. Tucker, is the verdict as read your true and accurate verdict? A JUROR: Yes. THE COURT: All right. Now, shifting to Juror -- Ms. Hurley, is the verdict as read your true and accurate verdict? A JUROR: Yes, ma'am. THE COURT: Are you Ms. Adrian? A JUROR: (Nods head.) THE COURT: Ms. Adrian, is the verdict as read your true and accurate, verdict? Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 78 of 106 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 79 A JUROR: Yes, Your Honor. THE COURT: Ms. Scott, is the verdict as read your true and accurate verdict? A JUROR: Yes, ma'am. THE COURT: Mr. Ayala, is the verdict as read your true and accurate verdict? A JUROR: Yes, Your Honor. THE COURT: And then because some of the seating is changed to be -- sir, your last name, if you don't mind reminding me of it. A JUROR: Mr. Willems. THE COURT: Yes. Thank you. Mr. Willems, is the verdict as read your true and accurate verdict? A JUROR: Yes, Your Honor. THE COURT: All right. With that, I want to thank the ladies and gentlemen of the jury for their time and attention this week. Jury service, as I indicated at the outset of this process, is a fundamental part of our criminal justice system, and without jurors like you willing to perform their civic duty in a diligent way, our system could not function. So I want to thank you on behalf of the entire Southern District of Florida for your work in this case. As I did with our alternates, I'm going to give you a small token of my appreciation in the form of a signed Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 79 of 106 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 80 certificate, which you will receive in just a few moments from the courtroom deputy. Thank you again. You may now rise for the final time as our jury in this case. (The jury exited the courtroom at 2:39 p.m.) THE COURT: Thank you. Ms. Alexander, if you can please go send our jurors off with their certificates, and I will continue to handle matters in the courtroom. COURTROOM DEPUTY: Yes, Judge. THE COURT: All right. You may all be seated. All right. In light of the jury's verdict, Mr. McCabe, I will now adjudicate you guilty of all five counts of the indictment as reflected in the verdict form which will be docketed on the public docket. With respect to deadlines for posttrial motions, those will be set under the standard guidelines set forth in the Federal Rules of Criminal Procedure. Let's discuss, now, the matter of release pending sentencing, Mr. O'Sullivan. MR. O'SULLIVAN: Thank you, Your Honor. In light of the jury's verdict, we are still going to ask that Mr. McCabe be released pending a presentence investigation and a sentencing. The incidents for which the jury found Mr. McCabe guilty have been five years ago. He has never fled the jurisdiction. He has been under investigation for five years. He has been on an ankle monitor. As far as I Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 80 of 106 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 81 know, there has never been a violation whatsoever. He has strong ties to the community. He has family here. He is certainly not a danger to the community. There is no reason to take him into custody today. He is not a flight risk. Again, he has been on a monitor for -- since the indictment. And he has also been under either cloud or actual investigation for five years. He is not going anywhere. We have family in the -- in the gallery that's been here for the entirety of the trial. There is no reason to take him into custody. He is not violent. THE COURT: Okay. What's the government's position? MR. KELLER: Your Honor, we think that remand is appropriate here, partly because Mr. McCabe has spent his entire life on boats and around boats, and we -- our position is that now that he has been adjudicated guilty after fighting this tooth and nail, that he may flee. He may go on a boat and go God knows where. So our position is that in light of the burdens here, which, I believe are needing the defense to show that he, by clear and convincing, is not a flight risk, that based upon, again, the nature of the circumstances here, the nature of the crime that inherently involves this transportation, this vessel, that we think it's appropriate to remand Mr. McCabe. THE COURT: Do you know, in terms of estimated guideline range, what the sentencing exposure might look like Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 81 of 106 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 82 from an advisory standpoint? MR. KELLER: It is over five years; I can tell you that for sure. I don't have the exact numbers in front of me right now, though. MR. O'SULLIVAN: Your Honor, may I be heard? THE COURT: You may, but in one moment. MR. O'SULLIVAN: Yes, ma'am. THE COURT: With respect to any criminal history, can you alert the Court, Mr. Keller, to any such information? MR. KELLER: We -- there is no such information. That -- Mr. McCabe is a first-time felon at this point. THE COURT: Okay. All right. Mr. O'Sullivan, final word? MR. O'SULLIVAN: Judge, I think most importantly is that Mr. McCabe is a 49-year-old man with zero criminal history. He is charged with a general intent crime, negligence. He is not charged with a specific intent crime. He is not a flight risk. His profession as a captain or a divemaster should not matter. He does not have a boat. He is not going to sail off to Aruba. He has strong ties to this community. He has lived here for a very long time. He has zero criminal history. He has been on a monitor for a very long time. He is not a flight risk. He is not a danger to the community. He is not engaging in what he was just convicted of. Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 82 of 106 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 83 There is absolutely no reason to remand him today. He should absolutely be free to work on his sentencing while the presentence investigation is out there. The Court has very many tools in her toolbox to make sure that he is where he is supposed to be, when he is supposed to be. He can remain on an ankle monitor and he can -- should be free to, you know, work on his defense for sentencing. THE COURT: All right. Thank you. With respect to the matter of release or detention pending sentencing, I'm going to deny the motion for release and direct that Mr. McCabe be ordered into the custody of BOP pending sentencing. I find that there has not been a showing by clear and convincing evidence that he is not likely to flee, and given the adjudication of guilt and the surrounding circumstances of the offenses which include three counts of substantive wire fraud, along with the seaman's manslaughter, and the 1001 count, I do think remand is appropriate, notwithstanding the arguments made by defense counsel. So, with that, Mr. McCabe, I will see you at sentencing which we will schedule in a hearing notice to follow. This will be at least three months from today's date. The process, Mr. McCabe, that is to follow is for probation to prepare a Presentence Investigation Report. As part of that process, they will ask to meet with you. You may have your attorney present when you meet with probation, of Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 83 of 106 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 84 course. After that PSI, or PSR, as we sometimes call it for short, is published, you and the government will have an opportunity to file any objections within a certain time period. We then will have our sentencing hearing, at which time it will be my obligation to determine a reasonable sentence that is not greater than necessary to achieve the statutory purposes. If you wish to have any family members or friends present at sentencing, you may do so, with the time and date to be announced by a future court order. And with respect to your preparation for sentencing, that, of course, shall continue, although you will be detained pending sentencing. Anything further, Mr. O'Sullivan? MR. O'SULLIVAN: Judge, is pretrial detention with or without prejudice? THE COURT: If you wish to file a motion, you may. But at this time, the Court has made its finding that there has been no showing by clear and convincing evidence in light of the adjudication of guilt. MR. O'SULLIVAN: Your Honor, I understand -- THE COURT: Thank you, Mr. O'Sullivan. The ruling has been made. Ms. Alexander, can you please provide a sentencing date, now that we're all here, within 90 days of today's date. COURTROOM DEPUTY: Yes, Judge. June the 9th. Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 84 of 106 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 85 THE COURT: At what time? COURTROOM DEPUTY: At 10:00 a.m. THE COURT: One moment. Can you provide a date that is a little bit later during that week of June 9th. COURTROOM DEPUTY: June the 12th. THE COURT: Okay. Any conflicts with June 12th, Mr. O'Sullivan or Ms. Francis? MR. O'SULLIVAN: No conflict, Your Honor. THE COURT: Okay. Mr. Keller, any conflict with June 12th? MR. KELLER: No, Your Honor, that should be fine. THE COURT: Okay. And the time, Ms. Alexander? COURTROOM DEPUTY: 10:00 a.m. THE COURT: Sentencing will be set in this matter for June 12th at 10:00 a.m. As I indicated, Mr. McCabe, you should advise any friends or family members of that date and time so they can be present if they wish. The same holds true for the government's notification of any relatives of the deceased victim. I would also wish to note for Mr. McCabe that you will be given an opportunity to allocute or make a statement to the Court at sentencing. So if you wish to prepare a statement in advance, you may do so. That concludes our hearing and our trial in light of Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 85 of 106 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 86 the adjudication of guilt. I will see you in June, Mr. McCabe. The Court is in recess. MR. O'SULLIVAN: May I make one inquiry? THE COURT: Yes. MR. O'SULLIVAN: Physically, will Mr. McCabe be in FDC Miami, or will he be local? Just so I can visit him this weekend. THE COURT: You should consult with the U.S. Marshals with respect to his location. That information, I cannot provide. Thank you. MR. O'SULLIVAN: Yes, ma'am. (These proceedings concluded at 2:49 p.m.) Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 86 of 106 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 87 C E R T I F I C A T E I hereby certify that the foregoing is an accurate transcription of the proceedings in the above-entitled matter. DATE: 05-07-2025 /s/Laura Melton LAURA E. MELTON, RMR, CRR, FPR Official Court Reporter United States District Court Southern District of Florida Fort Pierce, Florida Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 87 of 106 $ $20,000 [2] <11:14> - 71:2 $7,500 [1] <09:50> - 32:4 $8,100 [3] <09:51> - 32:21 <09:51>, 32:24 <11:11>, 68:20 $90,000 [2] <09:51> - 33:3 <11:12>, 70:8 1 1 [12] <09:11> - 9:10 <09:14>, 11:7 <09:16>, 11:25 <09:19>, 13:25 <09:32>, 21:10 <09:32>, 21:15 <09:34>, 22:21 <09:35>, 23:1 <09:56>, 36:1 <14:34>, 76:11 <14:34>, 76:12 <14:36>, 77:12 1/2 [2] <09:57> - 36:4 <10:50>, 56:17 100 [1] <10:31> - 46:14 1001 [1] <14:44> - 83:17 102 [1] <09:52> - 33:13 10:00 [3] <14:46> - 85:2 <14:47>, 85:14 <14:47>, 85:16 10:10 [1] <09:57> - 36:12 10:11 [1] <10:11> - 36:14 11:17 [1] <11:17> - 73:7 11:21 [1] <11:21> - 75:8 11th [1] <09:50> - 32:6 12th [4] <14:47> - 85:6 <14:47>, 85:7 <14:47>, 85:11 <14:47>, 85:16 13th [1] <09:52> - 33:12 15 [3] <09:21> - 15:2 <10:48>, 55:16 <11:21>, 75:5 16th [1] <09:40> - 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20:24 <10:28>, 45:6 boat [64] <09:09> - 7:24 <09:09>, 8:7 <09:12>, 9:14 <09:20>, 14:15 <09:49>, 31:18 <09:49>, 31:19 <09:49>, 31:24 <09:52>, 33:14 <09:55>, 35:3 <09:56>, 35:18 <10:17>, 39:10 <10:17>, 39:11 <10:17>, 39:15 <10:20>, 40:22 <10:20>, 41:4 <10:23>, 42:16 <10:26>, 44:7 <10:27>, 44:11 <10:27>, 44:15 <10:27>, 44:18 <10:29>, 45:12 <10:29>, 45:13 <10:29>, 45:16 <10:30>, 46:10 <10:31>, 46:18 <10:32>, 46:24 <10:33>, 47:9 <10:33>, 47:21 <10:34>, 48:7 <10:36>, 49:4 <10:43>, 52:20 <10:43>, 53:2 <10:44>, 53:12 <10:44>, 53:13 <10:47>, 54:19 <10:53>, 57:12 <10:53>, 57:17 <10:53>, 57:18 <10:54>, 58:8 <10:54>, 58:9 <10:55>, 58:19 <10:55>, 58:21 <10:55>, 58:24 <10:55>, 59:1 <10:57>, 59:17 <10:57>, 59:18 <10:57>, 59:23 <10:59>, 61:5 <11:01>, 62:8 <11:01>, 62:11 <11:01>, 62:13 <11:02>, 63:6 <11:04>, 64:9 <11:05>, 64:19 <11:05>, 65:8 <11:06>, 65:12 <11:07>, 66:3 <11:07>, 66:4 <11:10>, 68:14 <11:12>, 69:16 <14:41>, 81:16 <14:43>, 82:19 boat's [2] <10:19> - 40:14 <10:34>, 48:10 boating [1] <10:40> - 51:3 boats [7] <09:40> - 26:11 <10:20>, 41:2 <10:33>, 47:18 <10:33>, 47:19 <10:34>, 48:1 <14:41>, 81:14 bolded [1] <11:00> - 61:20 books [1] <11:12> - 69:24 BOP [1] <14:44> - 83:11 bottom [2] <09:14> - 10:24 <09:47>, 30:22 bought [4] <09:09> - 8:7 <09:39>, 25:23 <09:40>, 26:5 <11:07>, 66:3 box [2] <11:00> - 62:3 <11:19>, 74:8 boxes [1] <09:54> - 34:25 Brammeier [10] <09:33> - 22:1 <10:17>, 39:19 <10:28>, 44:25 <10:33>, 47:18 <10:55>, 58:17 <11:03>, 63:15 <11:04>, 64:5 <11:05>, 64:21 <11:05>, 65:3 <11:09>, 67:20 Brammeier's [1] <11:04> - 64:6 break [4] <09:13> - 10:17 <09:57>, 36:6 <10:33>, 47:19 breakdown [2] <09:02> - 4:22 <09:04>, 6:1 Bridge [1] <09:22> - 15:12 bridge [1] <09:22> - 15:13 brief [1] <10:48> - 55:15 briefing [6] <09:17> - 12:19 <09:29>, 20:2 <09:30>, 20:5 <09:30>, 20:7 <09:30>, 20:9 <09:55>, 35:8 briefings [1] <10:18> - 40:4 bring [4] <09:07> - 7:2 <11:03>, 63:24 <11:07>, 66:4 <11:13>, 70:13 brings [1] <09:56> - 35:24 broken [3] <10:26> - 44:8 <10:27>, 44:11 <11:10>, 68:14 brought [5] <10:19> - 40:18 <10:30>, 46:5 <10:48>, 55:9 <10:54>, 58:6 bruise [4] <09:19> - 14:4 <10:22>, 42:1 <10:57>, 60:5 <10:57>, 60:6 built [1] <10:36> - 49:1 burden [6] <09:32> - 21:11 <09:32>, 21:13 <10:13>, 37:6 <10:13>, 37:9 <10:46>, 54:6 <10:46>, 54:12 burdens [1] <14:42> - 81:18 Business [7] <09:10> - 8:10 <09:11>, 8:24 <09:41>, 27:2 <09:41>, 27:5 <09:44>, 28:22 <09:45>, 29:16 <09:46>, 29:25 business [30] <09:10> - 8:14 <09:33>, 22:3 <09:35>, 23:8 <09:35>, 23:14 <09:44>, 28:25 <09:44>, 29:1 <09:45>, 29:6 <09:45>, 29:12 <09:46>, 29:23 <09:46>, 30:1 <09:47>, 30:9 <09:47>, 30:16 <09:48>, 30:23 <09:48>, 31:7 <09:50>, 32:16 <09:52>, 33:11 <09:52>, 33:12 <09:52>, 33:15 <09:53>, 34:4 <10:34>, 47:25 <10:40>, 51:4 <10:40>, 51:13 <10:41>, 51:21 <10:41>, 51:25 <10:48>, 55:10 <10:48>, 55:13 <11:11>, 69:12 <11:12>, 69:23 <11:12>, 69:25 <11:12>, 70:5 businesses [1] <09:42> - 27:10 businessman [1] <10:47> - 55:6 butt [1] <11:01> - 62:18 buy [1] <09:39> - 25:23 buying [1] <11:14> - 71:10 C cables [1] <09:28> - 19:8 Caleb [1] <09:01> - 3:9 Calisha [1] <09:01> - 3:14 Cannon [2] <09:14> - 11:3 <09:54>, 34:14 Cannon's [1] <09:08> - 7:7 cannot [3] <09:49> - 31:24 <10:35>, 48:15 <14:48>, 86:9 capability [1] <10:17> - 39:17 capable [1] <10:27> - 44:20 Captain [11] <09:37> - 24:8 <09:48>, 31:10 <09:48>, 31:11 <09:49>, 31:13 <09:49>, 31:14 <09:49>, 31:23 <10:22>, 41:24 <10:22>, 42:2 <10:30>, 46:9 <10:46>, 54:8 <11:05>, 64:21 captain [20] <09:08> - 7:18 <09:09>, 7:21 <09:12>, 9:23 <09:12>, 10:2 <09:13>, 10:5 <09:14>, 10:22 <09:19>, 13:19 <10:18>, 40:1 <10:20>, 41:5 <10:25>, 43:19 <10:30>, 46:8 <10:32>, 47:2 <10:55>, 58:24 <11:03>, 63:20 <11:03>, 63:23 <11:04>, 64:4 <11:04>, 64:8 <11:05>, 64:19 <14:34>, 76:14 <14:43>, 82:18 captain's [1] <10:55> - 58:19 care [2] <09:43> - 28:8 <10:38>, 50:1 careful [1] <10:34> - 47:23 carefully [3] <10:33> - 47:10 <11:15>, 72:3 <14:34>, 76:4 Carl [6] <09:21> - 14:25 <09:35>, 23:11 <10:58>, 60:20 <11:01>, 62:9 <11:02>, 63:5 carry [4] <09:23> - 16:16 <09:43>, 28:7 <10:17>, 39:12 <10:55>, 58:18 case [30] <09:00> - 3:3 <09:09>, 7:25 <09:09>, 8:3 <09:10>, 8:18 <09:19>, 13:24 <09:39>, 25:12 <09:45>, 29:13 <09:54>, 34:15 <09:54>, 34:22 <09:55>, 35:5 <09:56>, 35:22 <10:13>, 37:4 <10:14>, 37:25 <10:15>, 38:7 <10:19>, 40:17 <10:32>, 47:5 <10:35>, 48:13 <10:36>, 49:6 <10:37>, 49:12 <10:46>, 54:14 <10:53>, 57:16 <10:57>, 60:3 <10:59>, 61:3 <11:01>, 62:6 <11:05>, 65:6 <11:15>, 71:18 <11:16>, 72:13 <14:39>, 79:23 <14:39>, 80:3 Case [1] <09:00> - 3:4 cash [2] <09:50> - 32:13 <10:47>, 55:4 caused [15] <09:12> - 9:13 <09:12>, 9:19 <09:14>, 11:6 <09:16>, 12:11 <09:24>, 17:5 <09:27>, 18:21 <09:31>, 20:19 <09:31>, 21:3 <09:43>, 28:5 <09:46>, 30:8 <10:15>, 38:11 <10:16>, 38:21 <10:22>, 42:1 <14:34>, 76:15 <14:35>, 76:19 causing [3] <09:10> - 8:20 <09:19>, 14:4 <10:38>, 50:11 caution [2] <09:31> - 20:21 <11:16>, 72:9 cease [1] <09:49> - 31:16 Cederholm [2] <10:22> - 41:24 <10:22>, 42:2 cell [2] <11:19> - 74:8 <11:21>, 75:6 Celtic [3] <09:43> - 28:11 <09:49>, 31:23 <09:52>, 33:17 Center [1] <09:36> - 23:22 central [1] <10:35> - 48:13 century [1] <09:10> - 8:12 certain [3] <09:17> - 12:25 <10:36>, 48:25 <14:45>, 84:3 certainly [3] <09:40> - 26:8 <10:39>, 90 50:15 <14:41>, 81:3 certificate [2] <11:17> - 73:1 <14:39>, 80:1 certificates [1] <14:39> - 80:6 certification [6] <09:36> - 23:24 <09:36>, 24:1 <09:36>, 24:4 <09:37>, 24:19 <09:37>, 24:20 <09:38>, 24:23 Certification [1] <09:34> - 22:16 certifications [1] <09:46> - 30:4 certified [1] <09:26> - 18:11 chance [2] <11:18> - 73:13 <11:19>, 74:6 change [1] <11:17> - 73:3 changed [2] <09:07> - 6:24 <14:38>, 79:9 changes [1] <10:44> - 53:12 changing [1] <10:37> - 49:15 character [2] <10:18> - 39:23 <10:49>, 56:1 charge [6] <09:11> - 9:11 <09:12>, 9:20 <09:12>, 9:21 <09:13>, 10:16 <09:39>, 25:14 <10:53>, 57:17 charged [2] <14:43> - 82:16 <14:43>, 82:17 charges [7] <09:11> - 8:23 <09:41>, 26:25 <09:41>, 27:1 <09:49>, 31:25 <10:12>, 37:2 <11:00>, 61:25 <11:07>, 66:7 charter [9] <09:10> - 8:8 <09:33>, 21:24 <09:35>, 23:7 <09:40>, 26:2 <09:41>, 26:22 <09:52>, 33:11 <10:21>, 41:8 <10:26>, 44:1 chartered [1] <10:43> - 52:19 charterer [3] <09:12> - 9:22 <09:14>, 10:25 <14:35>, 76:18 Charters [6] <09:09> - 8:6 <09:24>, 16:19 <09:33>, 22:3 <09:49>, 31:17 <09:49>, 31:20 <09:51>, 32:17 cheat [1] <09:44> - 28:20 check [3] <09:38> - 25:9 <09:52>, 33:9 <10:20>, 40:23 checked [3] <09:26> - 17:25 <09:34>, 22:24 <09:38>, 24:25 checking [1] <09:37> - 24:16 checklist [2] <09:11> - 9:3 <09:11>, 9:4 checkmark [2] <09:12> - 9:24 <09:43>, 28:4 checks [8] <09:50> - 32:13 <09:50>, 32:14 <09:50>, 32:15 <09:51>, 32:17 <09:54>, 34:25 <10:47>, 55:3 <10:47>, 55:4 <10:48>, 55:8 child [1] <10:23> - 42:13 chop [1] <09:13> - 10:11 chopped [3] <09:06> - 6:18 <09:30>, 20:14 <10:52>, 57:1 chosen [1] <11:00> - 61:23 Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 90 of 106 chronologically [1] <09:32> - 21:17 circulate [1] <09:01> - 3:25 circumstances [9] <09:18> - 13:6 <09:18>, 13:7 <10:14>, 38:2 <10:39>, 50:16 <10:39>, 50:19 <10:42>, 52:1 <10:49>, 56:1 <14:42>, 81:21 <14:44>, 83:15 circumstantial [1] <10:58> - 60:9 civic [1] <14:38> - 79:20 claim [4] <10:24> - 43:8 <10:32>, 46:23 <10:33>, 47:14 <10:43>, 53:1 claimed [4] <09:28> - 19:7 <10:27>, 44:9 <10:38>, 50:8 <10:39>, 50:22 claiming [1] <11:13> - 70:20 claims [10] <10:20> - 40:24 <10:24>, 43:3 <10:26>, 44:3 <10:28>, 44:23 <10:29>, 45:22 <10:34>, 48:2 <10:34>, 48:3 <10:39>, 50:14 <10:40>, 51:10 <11:11>, 68:20 clarified [3] <10:21> - 41:13 <10:28>, 45:7 <10:37>, 49:21 class [2] <11:09> - 67:21 classified [3] <10:38> - 50:6 <10:43>, 52:20 <10:47>, 54:19 classify [1] <10:45> - 53:24 clear [9] <09:12> - 9:14 <10:22>, 41:21 <10:24>, 43:7 <10:34>, 48:10 <10:49>, 55:23 <11:08>, 66:17 <14:42>, 81:20 <14:44>, 83:13 <14:46>, 84:18 clearly [3] <10:12> - 36:22 <10:18>, 39:25 <10:45>, 53:17 clerk [1] <11:19> - 74:7 clip [1] <10:48> - 55:15 close [4] <09:03> - 5:1 <09:03>, 5:2 <09:03>, 5:3 <09:25>, 17:14 closed [1] <09:40> - 26:11 closing [5] <09:01> - 3:22 <09:03>, 5:6 <09:03>, 5:7 <09:06>, 6:13 <10:50>, 56:11 cloud [1] <14:41> - 81:6 club [2] <09:52> - 33:9 <09:52>, 33:10 Coast [51] <09:01> - 3:10 <09:09>, 8:4 <09:10>, 8:9 <09:11>, 8:22 <09:16>, 12:3 <09:17>, 12:24 <09:18>, 13:7 <09:18>, 13:9 <09:18>, 13:13 <09:20>, 14:10 <09:23>, 16:6 <09:23>, 16:11 <09:23>, 16:12 <09:24>, 17:3 <09:25>, 17:7 <09:30>, 20:9 <09:32>, 21:17 <09:34>, 22:19 <09:36>, 23:21 <09:36>, 23:23 <09:36>, 24:6 <09:37>, 24:10 <09:37>, 24:12 <09:37>, 24:17 <09:38>, 25:7 <09:39>, 25:22 <09:41>, 26:15 <09:41>, 26:19 <09:41>, 26:22 <09:47>, 30:21 <09:48>, 31:11 <09:56>, 35:17 <10:28>, 45:9 <10:38>, 50:4 <10:42>, 52:14 <10:43>, 52:16 <10:43>, 52:22 <10:44>, 53:9 <10:45>, 53:21 <10:45>, 54:4 <10:53>, 57:14 <10:58>, 60:18 <11:04>, 64:2 <11:04>, 64:3 <11:05>, 64:20 <11:08>, 66:16 <11:08>, 66:17 <11:09>, 67:21 <11:09>, 67:25 <11:10>, 68:11 Coast-Guard- inspected [1] <09:30> - 20:9 coastwise [3] <09:38> - 24:25 <09:38>, 25:4 <09:38>, 25:10 Cole [5] <09:17> - 12:24 <09:18>, 13:9 <09:37>, 24:7 <09:38>, 24:25 colleague [1] <09:51> - 33:2 comfort [1] <11:16> - 72:17 Comfort [22] <09:06> - 6:18 <09:09>, 7:20 <09:09>, 7:21 <09:09>, 8:5 <09:11>, 8:22 <09:12>, 9:24 <09:13>, 10:3 <09:16>, 12:1 <09:17>, 13:2 <09:29>, 19:18 <09:31>, 20:22 <09:32>, 21:20 <09:37>, 24:16 <09:41>, 26:20 <09:44>, 29:2 <09:49>, 31:15 <09:49>, 31:18 <10:17>, 39:10 <10:17>, 39:11 <10:35>, 48:12 <10:42>, 52:11 coming [2] <09:02> - 4:6 <11:10>, 68:8 comm [1] <10:40> - 51:7 Commander [2] <09:17> - 12:24 <09:37>, 24:7 commence [3] <11:15> - 71:24 <11:17>, 72:24 <11:17>, 73:5 commencing [2] <11:19> - 73:17 <11:19>, 74:5 comment [1] <09:29> - 19:23 commerce [2] <09:43> - 28:6 <09:43>, 28:13 commercial [11] <09:10> - 8:8 <09:33>, 22:4 <09:35>, 23:13 <09:37>, 24:9 <09:37>, 24:10 <09:40>, 26:2 <09:40>, 26:7 <09:41>, 26:22 <11:10>, 68:10 <11:10>, 68:11 committed [2] <09:39> - 25:17 <10:39>, 50:19 common [2] <11:00> - 61:20 <11:00>, 61:22 communication [1] <09:43> - 28:6 community [5] <11:15> - 71:19 <14:41>, 81:2 <14:41>, 81:3 <14:43>, 82:21 <14:43>, 82:24 compiled [1] <09:45> - 29:4 complained [1] <11:02> - 63:5 complete [2] <10:40> - 51:5 <10:47>, 54:24 completed [1] <10:45> - 53:20 completing [4] <09:39> - 25:24 <10:27>, 44:20 <10:41>, 51:17 <10:44>, 53:10 complicated [1] <11:05> - 65:1 concern [2] <09:40> - 26:10 <09:44>, 28:15 concerned [2] <09:33> - 22:10 <11:00>, 62:2 concerns [1] <10:20> - 41:6 concise [1] <10:49> - 55:23 concluded [2] <10:22> - 42:8 <14:49>, 86:12 concludes [2] <11:16> - 72:21 <14:48>, 85:25 conclusion [1] <10:46> - 54:14 conclusive [1] <10:30> - 45:23 condition [1] <10:35> - 48:21 conditions [2] <10:19> - 40:8 <10:37>, 49:17 conduct [1] <11:16> - 72:14 conducted [3] <10:17> - 39:15 <10:18>, 40:4 <10:30>, 46:10 conference [1] <09:03> - 5:16 confidence [1] <11:19> - 73:19 confident [1] <11:18> - 73:14 confirm [1] <10:44> - 53:8 confirmed [4] <10:31> - 46:11 <10:33>, 47:16 <10:34>, 48:7 <10:41>, 51:22 conflict [2] <14:47> - 85:9 <14:47>, 85:10 conflicts [1] <14:47> - 85:7 confused [1] <11:08> - 66:21 confusing [1] <11:08> - 66:22 conjunction [1] <09:01> - 4:4 connection [2] <09:50> - 32:8 <09:50>, 32:12 connivance [1] <09:15> - 11:10 consider [6] <09:54> - 34:19 <10:15>, 38:6 <10:29>, 45:20 <10:49>, 55:25 <10:58>, 60:10 <10:59>, 61:1 considerable [1] <10:25> - 43:13 considering [1] <10:54> - 58:5 consistent [3] <09:56> - 35:24 <10:31>, 46:14 <10:44>, 53:6 constitutes [2] <10:29> - 45:18 <10:47>, 55:5 consult [1] <14:48> - 86:8 contacted [2] <10:42> - 52:13 <10:42>, 52:14 continue [3] <11:16> - 72:14 <14:39>, 80:7 <14:45>, 84:11 contradicted [1] <09:55> - 35:8 contrary [4] <10:28> - 44:25 <10:30>, 46:1 <10:34>, 48:5 <10:49>, 55:21 contrast [2] <10:30> - 46:9 <10:59>, 60:24 control [4] <09:20> - 14:9 <09:22>, 15:10 91 <09:22>, 15:23 <11:16>, 72:11 conveyance [1] <14:35> - 76:20 convict [4] <10:16> - 38:22 <10:19>, 40:15 <10:49>, 55:20 <11:15>, 71:20 convicted [1] <14:43> - 82:24 convince [2] <10:13> - 37:10 <10:23>, 42:14 convinced [1] <10:13> - 37:18 convincing [5] <09:28> - 18:25 <09:28>, 19:3 <14:42>, 81:20 <14:44>, 83:13 <14:46>, 84:18 copies [1] <11:20> - 74:21 copy [4] <09:01> - 3:25 <11:19>, 74:2 <11:19>, 74:4 <11:20>, 74:23 corpse [1] <09:13> - 10:12 correct [5] <10:28> - 45:6 <10:40>, 51:5 <11:20>, 74:20 <14:33>, 75:19 <14:37>, 78:10 corroborates [2] <09:38> - 24:21 <09:38>, 24:24 cosigned [1] <09:33> - 21:24 counsel [1] <14:44> - 83:18 Counsel [2] <09:00> - 3:5 <11:20>, 74:9 count [6] <09:10> - 8:19 <09:10>, 8:20 <09:34>, 22:18 <09:41>, 26:17 <11:11>, 69:4 <14:44>, 83:17 Count [18] <09:10> - 8:21 <09:11>, 9:10 <09:32>, 21:10 <09:32>, 21:15 <09:32>, 21:16 <09:33>, 22:5 <09:41>, 26:23 <09:51>, 32:18 <09:52>, 33:17 <09:53>, 33:24 <11:07>, 66:9 <11:10>, 68:17 <14:34>, 76:12 <14:35>, 76:23 <14:35>, 77:2 <14:35>, 77:4 <14:36>, 77:7 countered [1] <10:47> - 54:21 countless [1] <10:19> - 40:9 counts [8] <09:10> - 8:19 <09:41>, 26:24 <09:54>, 34:11 <11:10>, 68:18 <11:15>, 71:20 <14:40>, 80:11 <14:44>, 83:15 Counts [5] <09:11> - 8:23 <09:53>, 34:9 <09:56>, 36:1 couple [6] <09:23> - 16:7 <09:29>, 19:20 <09:39>, 25:21 <09:40>, 26:4 <09:54>, 34:12 <10:28>, 45:5 course [20] <09:03> - 5:9 <09:15>, 11:14 <09:25>, 17:16 <09:26>, 18:2 <09:33>, 21:21 <09:42>, 27:15 <09:44>, 28:19 <09:47>, 30:16 <09:49>, 32:1 <10:13>, 37:15 <10:58>, 60:21 <10:59>, 60:24 <10:59>, 61:11 <11:02>, 63:6 <11:13>, 70:17 <11:16>, 72:16 <11:17>, 73:3 <11:20>, 74:11 <14:45>, 84:1 <14:45>, 84:11 Court [9] <08:54> - 3:1 <09:01>, 3:13 <09:02>, 4:6 <11:20>, 74:11 <14:42>, 82:9 <14:43>, 83:3 <14:46>, 84:17 <14:47>, 85:22 <14:48>, 86:2 court [7] <09:38> - 25:9 <10:57>, 60:1 <11:07>, 66:6 <11:19>, 73:17 <11:19>, 74:5 <11:20>, 74:18 <14:45>, 84:10 Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 91 of 106 COURT [80] <09:00> - 3:2 <09:01>, 3:11 <09:01>, 3:17 <09:01>, 3:20 <09:01>, 4:2 <09:02>, 4:8 <09:02>, 4:15 <09:02>, 4:18 <09:02>, 4:21 <09:02>, 4:22 <09:03>, 4:25 <09:03>, 5:3 <09:03>, 5:5 <09:03>, 5:11 <09:03>, 5:18 <09:04>, 5:25 <09:04>, 6:3 <09:04>, 6:6 <09:06>, 6:10 <09:52>, 33:6 <09:57>, 36:4 <09:57>, 36:10 <10:10>, 36:13 <10:11>, 36:15 <10:50>, 56:16 <10:52>, 56:21 <11:11>, 69:8 <11:15>, 71:22 <11:18>, 73:8 <11:18>, 73:12 <11:19>, 73:20 <11:19>, 73:25 <11:19>, 74:3 <11:19>, 74:7 <11:20>, 74:15 <11:20>, 74:17 <11:20>, 74:24 <11:21>, 75:4 <14:31>, 75:9 <14:32>, 75:12 <14:32>, 75:13 <14:33>, 75:17 <14:33>, 75:21 <14:33>, 75:23 <14:33>, 75:25 <14:36>, 77:11 <14:36>, 77:15 <14:36>, 77:18 <14:36>, 77:21 <14:36>, 77:24 <14:36>, 78:2 <14:37>, 78:5 <14:37>, 78:9 <14:37>, 78:14 <14:37>, 78:18 <14:37>, 78:22 <14:38>, 78:24 <14:38>, 79:2 <14:38>, 79:5 <14:38>, 79:8 <14:38>, 79:12 <14:38>, 79:16 <14:39>, 80:5 <14:40>, 80:9 <14:41>, 81:11 <14:42>, 81:24 <14:42>, 82:6 <14:42>, 82:8 <14:42>, 82:12 <14:44>, 83:8 <14:45>, 84:16 <14:46>, 84:21 <14:46>, 85:1 <14:46>, 85:3 <14:47>, 85:7 <14:47>, 85:10 <14:47>, 85:13 <14:47>, 85:15 <14:48>, 86:4 <14:48>, 86:8 Court's [1] <11:17> - 73:2 courthouse [3] <11:16> - 72:10 <11:16>, 72:21 <11:21>, 75:6 courtroom [11] <09:05> - 6:9 <09:08>, 7:16 <09:21>, 14:24 <09:57>, 36:9 <10:11>, 36:14 <10:15>, 38:9 <11:17>, 73:7 <14:32>, 75:16 <14:39>, 80:2 <14:39>, 80:4 <14:39>, 80:7 COURTROOM [7] <09:00> - 3:4 <14:34>, 76:10 <14:40>, 80:8 <14:46>, 84:25 <14:46>, 85:2 <14:47>, 85:6 <14:47>, 85:14 crash [1] <09:22> - 15:13 crashed [1] <09:22> - 15:14 crazy [1] <11:06> - 65:12 create [1] <09:33> - 21:23 creating [2] <09:39> - 25:24 <09:40>, 26:2 creation [1] <09:42> - 27:7 credential [2] <09:23> - 16:8 <09:23>, 16:10 credibility [2] <09:54> - 34:14 <11:08>, 67:8 credible [1] <10:37> - 49:12 credit [3] <10:57> - 60:7 <11:09>, 67:16 <11:09>, 67:18 crew [1] <10:17> - 39:16 crew-assisted [1] <10:17> - 39:16 crime [7] <09:11> - 9:4 <09:11>, 9:6 <09:14>, 11:1 <10:16>, 39:4 <14:42>, 81:22 <14:43>, 82:16 <14:43>, 82:17 crimes [2] <09:11> - 9:2 <10:12>, 36:23 Criminal [1] <14:40> - 80:16 criminal [6] <10:16> - 39:1 <10:46>, 54:11 <14:38>, 79:19 <14:42>, 82:8 <14:43>, 82:15 <14:43>, 82:22 criminally [1] <10:50> - 56:7 critically [1] <09:45> - 29:17 Cross [3] <09:43> - 28:12 <09:51>, 32:19 <09:51>, 32:22 crucial [4] <10:31> - 46:22 <10:34>, 47:23 <10:35>, 48:17 <10:37>, 49:18 cruises [1] <10:44> - 53:15 crux [1] <09:13> - 10:15 current [2] <10:54> - 58:8 <10:54>, 58:9 custody [3] <14:41> - 81:4 <14:41>, 81:10 <14:44>, 83:11 cut [1] <09:04> - 5:23 D damage [1] <10:29> - 45:12 danger [6] <09:29> - 19:17 <09:31>, 20:20 <09:32>, 21:7 <11:04>, 64:11 <14:41>, 81:3 <14:43>, 82:23 dangerous [5] <09:27> - 18:18 <09:29>, 20:1 <11:02>, 62:19 <11:05>, 65:4 <11:06>, 65:25 date [6] <14:44> - 83:21 <14:45>, 84:9 <14:46>, 84:24 <14:47>, 85:4 <14:47>, 85:18 dating [1] <10:47> - 55:3 Dave [2] <09:30> - 20:11 <10:26>, 43:25 David [3] <09:30> - 20:5 <09:40>, 26:9 <09:40>, 26:10 days [8] <09:40> - 26:4 <09:47>, 30:19 <09:48>, 30:25 <09:48>, 31:2 <09:48>, 31:6 <09:52>, 33:8 <10:27>, 44:21 <14:46>, 84:24 deadlines [1] <14:40> - 80:14 deal [4] <09:01> - 4:1 <09:25>, 17:21 <09:53>, 34:1 <11:07>, 66:2 dealings [1] <10:48> - 55:10 death [18] <09:08> - 7:10 <09:08>, 7:13 <09:10>, 8:21 <09:12>, 9:13 <09:12>, 9:19 <09:13>, 10:11 <09:15>, 11:16 <09:15>, 11:17 <09:15>, 11:19 <09:15>, 11:24 <09:16>, 12:11 <09:24>, 17:6 <09:27>, 18:21 <09:31>, 20:19 <09:31>, 21:3 <09:55>, 35:2 <10:15>, 38:11 <10:16>, 38:21 decade [2] <11:03> - 63:25 <11:05>, 64:17 decades [4] <10:21> - 41:14 <10:58>, 60:19 <10:58>, 60:20 <11:05>, 64:17 deceased [1] <14:47> - 85:20 deceive [1] <09:44> - 28:19 decide [6] <09:08> - 7:8 <09:14>, 10:19 <09:15>, 11:12 <09:54>, 34:18 <10:54>, 58:10 <10:58>, 60:10 decided [1] <10:55> - 58:25 decision [10] <09:08> - 7:7 <09:08>, 7:8 <09:10>, 8:16 <09:36>, 23:19 <09:36>, 24:3 <09:37>, 24:14 <09:43>, 28:1 <10:50>, 56:13 <11:02>, 62:23 decisionmaker's [1] <09:43> - 28:1 deck [1] <10:24> - 43:6 deckhand [1] <09:21> - 15:7 dedicated [2] <10:49> - 56:3 <10:49>, 56:4 deemed [2] <10:32> - 47:4 <10:39>, 50:13 defendant [79] <09:01> - 3:15 <09:09>, 7:22 <09:12>, 9:14 <09:12>, 9:22 <09:12>, 10:1 <09:14>, 10:20 <09:14>, 10:21 <09:15>, 11:12 <09:15>, 11:23 <09:17>, 12:19 <09:19>, 13:19 <09:20>, 14:6 <09:20>, 14:12 <09:20>, 14:14 <09:22>, 15:10 <09:22>, 15:22 <09:23>, 16:9 <09:24>, 17:3 <09:25>, 17:14 <09:25>, 17:15 <09:26>, 17:24 <09:27>, 18:17 <09:28>, 19:7 <09:29>, 19:24 <09:30>, 20:8 <09:32>, 21:10 <09:32>, 21:19 <09:33>, 22:7 <09:33>, 22:11 <09:34>, 22:21 <09:35>, 23:9 <09:35>, 23:10 <09:37>, 24:13 <09:38>, 25:6 <09:42>, 27:14 <09:42>, 27:19 <09:43>, 28:2 <09:43>, 28:5 <09:43>, 28:10 <09:43>, 28:12 <09:45>, 29:4 <09:45>, 29:15 <09:46>, 29:25 <09:46>, 30:3 <09:47>, 30:13 <09:47>, 30:20 <09:48>, 31:4 <09:54>, 34:15 <09:54>, 34:25 <09:55>, 35:11 <09:56>, 35:19 <10:53>, 57:11 <10:53>, 57:16 <10:55>, 58:25 <10:57>, 59:20 <10:59>, 60:25 <11:01>, 62:10 <11:01>, 62:15 <11:02>, 62:20 <11:03>, 63:11 <11:03>, 63:17 <11:04>, 64:7 <11:05>, 65:5 <11:06>, 66:1 <11:07>, 66:5 <11:07>, 66:9 <11:08>, 66:20 <11:08>, 67:3 <11:08>, 67:9 <11:09>, 67:24 <11:10>, 68:12 <11:12>, 69:16 <11:13>, 70:12 <11:13>, 70:23 <11:14>, 71:7 <11:15>, 71:20 <14:34>, 76:13 <14:35>, 76:17 Defendant [5] <14:34> - 76:13 <14:35>, 76:23 <14:35>, 77:1 <14:35>, 77:4 <14:36>, 77:6 defendant's [10] <09:11> - 9:12 <09:14>, 10:21 <09:14>, 11:7 <09:15>, 11:17 <09:31>, 21:3 <09:44>, 28:21 <09:50>, 32:8 <11:05>, 64:18 <14:34>, 76:16 <14:35>, 76:19 defense [11] <09:01> - 3:13 <09:01>, 3:25 <09:03>, 5:6 <09:45>, 29:9 <10:36>, 49:3 <10:48>, 55:12 <10:52>, 56:22 <11:20>, 74:16 <14:42>, 81:19 <14:44>, 83:7 <14:44>, 83:18 defined [1] <10:16> - 39:5 definitive [1] <10:30> - 45:23 definitively [1] <10:35> - 48:16 defraud [9] <09:42> - 27:20 <09:43>, 92 28:3 <09:43>, 28:7 <09:44>, 28:18 <09:44>, 28:19 <09:44>, 28:21 <09:44>, 28:22 <09:45>, 29:13 <09:50>, 32:2 deliberate [2] <10:49> - 55:25 <10:54>, 58:4 deliberates [1] <11:20> - 74:12 deliberating [2] <11:16> - 72:8 <11:16>, 72:19 deliberation [2] <11:17> - 73:5 <11:17>, 73:6 deliberations [2] <11:15> - 71:25 <11:17>, 72:24 demonstrate [2] <10:35> - 48:16 <10:46>, 54:7 demonstrated [1] <10:17> - 39:16 demonstrates [2] <10:12> - 36:22 <10:18>, 39:25 demonstrating [1] <10:41> - 51:19 deny [1] <14:44> - 83:10 department [1] <09:34> - 22:14 deputy [1] <14:39> - 80:2 DEPUTY [7] <09:00> - 3:4 <14:34>, 76:10 <14:40>, 80:8 <14:46>, 84:25 <14:46>, 85:2 <14:47>, 85:6 <14:47>, 85:14 describes [1] <11:06> - 65:16 descriptions [4] <09:02> - 4:8 <09:02>, 4:10 <09:02>, 4:12 <09:02>, 4:13 deserved [1] <09:42> - 27:9 designed [2] <09:18> - 13:17 <10:43>, 52:18 despite [2] <09:20> - 14:12 <10:20>, 41:5 Detachment [1] <10:42> - 52:15 details [1] <10:14> - 38:1 detained [1] <14:45> - 84:12 detention [2] <14:44> - 83:9 <14:45>, 84:14 determination [1] <10:30> - 45:25 determine [6] <10:12> - 36:21 <10:15>, 38:18 <10:16>, 39:4 <10:23>, 42:16 <11:08>, 66:18 <14:45>, 84:5 devised [1] <09:42> - 27:19 died [6] <09:09> - 7:21 <09:13>, 10:3 <09:24>, 16:25 <09:25>, 17:9 <09:27>, 18:19 <10:52>, 57:6 differences [1] <09:37> - 24:9 different [5] <10:16> - 39:8 <10:42>, 52:8 <10:44>, 53:14 <10:45>, 53:23 <10:57>, 59:25 Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 92 of 106 differently [2] <10:53> - 57:22 <10:57>, 60:2 difficult [1] <10:16> - 38:19 digital [1] <11:20> - 74:21 diligence [1] <10:36> - 49:11 diligent [1] <14:38> - 79:21 direct [4] <09:22> - 15:11 <09:23>, 16:7 <10:57>, 60:8 <14:44>, 83:11 directly [1] <10:43> - 52:22 disappearing [1] <11:06> - 65:20 discover [1] <10:33> - 47:11 discrepancy [2] <10:39> - 50:14 discuss [2] <11:16> - 72:13 <14:40>, 80:17 disease [1] <10:52> - 56:25 dismissed [1] <10:36> - 49:5 dispelled [1] <10:44> - 53:4 dispute [3] <09:13> - 10:13 <10:16>, 38:25 disputed [2] <09:13> - 10:8 <09:13>, 10:9 disregard [1] <10:29> - 45:19 disrepair [1] <10:33> - 47:15 dissolution [1] <09:52> - 33:13 dissolved [3] <09:52> - 33:12 <09:52>, 33:15 <09:53>, 34:5 distinction [1] <10:50> - 56:12 District [1] <14:38> - 79:22 dive [11] <09:19> - 14:5 <09:21>, 15:1 <09:30>, 20:6 <09:35>, 23:13 <09:39>, 25:23 <09:40>, 26:2 <10:20>, 41:4 <10:41>, 51:25 <11:01>, 62:12 dived [1] <09:35> - 23:9 divemaster [1] <14:43> - 82:19 diver [3] <09:28> - 19:15 <10:20>, 41:1 <10:26>, 44:1 divers [9] <09:26> - 18:10 <09:26>, 18:11 <09:33>, 21:25 <09:35>, 23:8 <09:56>, 35:18 <10:19>, 40:7 <10:31>, 46:15 <10:33>, 47:17 <11:04>, 64:14 dives [3] <09:27> - 18:12 <09:35>, 23:12 <10:33>, 47:16 diving [7] <09:35> - 23:10 <09:39>, 25:25 <10:20>, 41:3 <10:43>, 52:19 <10:58>, 60:20 <11:04>, 64:16 <11:06>, 65:13 DM [2] <09:46> - 30:3 dock [4] <09:21> - 15:8 <09:22>, 15:18 <09:22>, 15:19 <09:22>, 15:21 docket [1] <14:40> - 80:13 docketed [1] <14:40> - 80:13 document [11] <09:50> - 32:9 <09:50>, 32:11 <09:51>, 32:25 <09:51>, 33:3 <09:52>, 33:5 <11:12>, 70:6 <11:13>, 70:9 <11:13>, 70:13 <11:13>, 70:16 <11:13>, 70:18 Documentation [2] <09:34> - 22:17 <09:36>, 23:22 documentation [1] <10:43> - 52:21 documents [6] <09:45> - 29:4 <09:45>, 29:8 <09:50>, 32:7 <11:09>, 67:11 <11:09>, 67:12 <11:12>, 70:2 done [6] <09:07> - 7:4 <09:07>, 7:5 <09:08>, 7:9 <09:26>, 18:11 <09:31>, 20:21 <10:18>, 40:4 doubt [19] <09:32> - 21:13 <10:12>, 36:22 <10:13>, 37:11 <10:13>, 37:12 <10:13>, 37:17 <10:13>, 37:18 <10:14>, 37:24 <10:22>, 41:20 <10:30>, 46:4 <10:35>, 48:20 <10:35>, 48:21 <10:39>, 50:16 <10:43>, 52:24 <10:46>, 54:5 <10:46>, 54:8 <10:46>, 54:9 <11:00>, 61:16 <11:00>, 61:18 doubts [1] <10:44> - 53:5 down [14] <09:04> - 5:25 <09:06>, 6:20 <09:10>, 8:14 <09:13>, 10:17 <09:26>, 18:7 <09:44>, 28:25 <09:44>, 29:1 <09:47>, 30:10 <09:47>, 30:16 <09:48>, 30:23 <09:48>, 31:7 <10:33>, 47:19 <10:42>, 52:2 <11:06>, 65:21 dozens [2] <09:26> - 18:11 <10:17>, 39:10 Dr [2] <09:13> - 10:10 <10:52>, 57:2 dragged [1] <09:26> - 18:4 drawn [1] <10:21> - 41:11 drive [1] <09:16> - 12:7 dropped [3] <09:23> - 15:25 <09:55>, 35:11 <10:29>, 45:11 drowned [1] <09:07> - 6:21 drowning [2] <09:13> - 10:12 <09:30>, 20:15 due [2] <10:34> - 48:2 <10:36>, 49:11 during [7] <09:33> - 21:22 <10:21>, 41:9 <10:33>, 47:16 <10:48>, 55:10 <11:15>, 72:6 <11:16>, 72:21 <14:47>, 85:5 Dustin [11] <09:00> - 3:5 <09:01>, 3:15 <09:09>, 7:23 <10:46>, 54:8 <10:49>, 56:2 <14:34>, 76:11 <14:34>, 76:13 <14:35>, 76:23 <14:35>, 77:1 <14:35>, 77:4 <14:36>, 77:7 duties [4] <09:14> - 10:25 <09:15>, 11:9 <09:24>, 16:17 <14:35>, 76:17 duty [6] <09:12> - 9:17 <09:12>, 9:18 <09:15>, 11:13 <09:24>, 17:4 <11:00>, 61:24 <14:38>, 79:20 dynamic [1] <10:37> - 49:15 E Earth [1] <09:13> - 10:9 easily [2] <09:04> - 5:22 <10:21>, 41:16 eat [1] <10:59> - 61:5 echoed [1] <11:04> - 64:6 effect [1] <09:19> - 13:22 effort [2] <10:25> - 43:13 <11:17>, 73:3 efforts [1] <10:36> - 48:24 either [5] <09:13> - 10:13 <09:48>, 31:1 <11:07>, 66:12 <11:08>, 67:9 <14:41>, 81:6 element [17] <09:11> - 9:1 <09:11>, 9:5 <09:12>, 9:22 <09:13>, 10:6 <09:13>, 10:13 <09:13>, 10:15 <09:13>, 10:17 <09:32>, 21:8 <09:32>, 21:9 <09:34>, 22:20 <09:36>, 23:17 <09:39>, 25:13 <09:39>, 25:15 <09:42>, 27:18 <10:12>, 37:2 <10:15>, 38:7 Element [10] <09:14> - 10:19 <09:34>, 22:18 <09:34>, 22:21 <09:35>, 23:2 <09:36>, 23:16 <09:41>, 26:16 <09:43>, 28:8 <09:43>, 28:13 <09:44>, 28:15 <09:44>, 28:17 Elements [1] <09:35> - 23:1 elements [9] <09:11> - 9:3 <09:11>, 9:7 <09:12>, 9:21 <09:33>, 22:6 <09:34>, 22:15 <09:41>, 26:18 <09:42>, 27:18 <09:44>, 28:17 <09:53>, 34:9 emails [1] <09:48> - 31:3 emotion [1] <10:14> - 38:1 emphasized [1] <10:38> - 49:25 employed [5] <09:12> - 9:23 <09:14>, 10:22 <10:28>, 45:4 <10:41>, 51:22 <14:34>, 76:14 employee [1] <09:51> - 32:24 employees [15] <09:45> - 29:11 <09:46>, 29:24 <09:47>, 30:10 <09:50>, 32:5 <09:50>, 32:16 <09:52>, 33:19 <09:53>, 33:20 <09:53>, 34:2 <09:53>, 34:3 <10:39>, 50:23 <10:40>, 51:3 <11:04>, 64:2 <11:04>, 64:4 <11:12>, 69:18 <11:13>, 70:21 encourage [1] <10:29> - 45:19 end [1] <09:48> - 31:5 ended [1] <10:53> - 57:22 endorsement [1] <09:38> - 25:4 engaged [3] <10:22> - 42:4 <10:24>, 43:1 <10:38>, 50:10 engaging [6] <09:16> - 12:9 <09:20>, 14:7 <09:25>, 17:12 <09:25>, 17:13 <14:43>, 82:24 engine [1] <10:33> - 47:10 engineer [5] <09:12> - 9:23 <09:14>, 10:22 <10:27>, 44:18 <10:29>, 45:13 <14:34>, 76:14 93 enjoy [1] <09:07> - 7:1 enjoyment [1] <10:45> - 53:18 enrich [1] <10:40> - 51:11 ensure [2] <10:17> - 39:12 <10:43>, 52:18 ensured [2] <10:17> - 39:14 <10:18>, 40:6 entangled [3] <09:06> - 6:19 <09:29>, 19:22 <09:30>, 20:13 entered [3] <09:05> - 6:9 <10:11>, 36:14 <14:32>, 75:16 enterprise [1] <09:40> - 26:7 entire [7] <09:52> - 33:18 <09:53>, 34:6 <10:19>, 40:17 <10:36>, 49:1 <10:36>, 49:6 <14:38>, 79:22 <14:41>, 81:14 entirely [1] <10:42> - 52:8 entirety [1] <14:41> - 81:9 environments [1] <10:37> - 49:16 equipment [1] <10:17> - 39:14 especially [1] <10:32> - 47:5 essential [3] <10:12> - 37:1 <10:36>, 48:25 <10:40>, 51:8 establish [1] <09:18> - 13:16 established [2] <09:27> - 18:22 <10:16>, 39:5 establishes [1] <10:46> - 54:5 estimate [1] <09:03> - 5:8 estimated [1] <14:42> - 81:24 evaluate [5] <09:14> - 10:24 <09:14>, 11:2 <09:14>, 11:5 <09:42>, 27:9 <11:14>, 71:6 evaluated [1] <09:27> - 18:19 event [1] <11:20> - 74:10 events [4] <09:16> - 11:25 <09:16>, 12:2 <10:14>, 38:3 <10:49>, 55:24 ever-changing [1] <10:37> - 49:15 evidence [49] <09:11> - 9:6 <09:15>, 11:20 <09:34>, 22:16 <09:39>, 25:19 <09:49>, 31:17 <09:56>, 35:16 <09:56>, 35:22 <09:56>, 35:24 <10:12>, 36:21 <10:13>, 37:13 <10:15>, 38:18 <10:24>, 43:2 <10:29>, 45:20 <10:29>, 45:21 <10:34>, 48:3 <10:34>, 48:10 <10:35>, 48:19 <10:36>, 48:25 <10:37>, 49:18 <10:40>, 51:12 <10:41>, 51:18 <10:44>, 53:11 <10:45>, 53:20 <10:46>, 54:13 <10:47>, 54:21 <10:54>, 58:2 <10:54>, 58:5 <10:56>, 59:4 <10:56>, 59:5 <10:56>, 59:9 <10:56>, 59:13 <10:56>, 59:16 <10:57>, 59:25 <10:57>, 60:7 <10:58>, 60:9 <10:58>, 60:12 <11:00>, 61:15 <11:00>, 62:2 <11:09>, 67:18 <11:10>, 68:3 <11:14>, 71:11 <11:15>, 71:17 <11:15>, 72:1 <11:19>, 73:15 <11:19>, 73:23 <14:44>, 83:13 <14:46>, 84:18 Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 93 of 106 evident [1] <10:26> - 44:4 ex [4] <09:50> - 32:9 <09:56>, 35:20 <10:48>, 55:9 <10:58>, 60:18 ex-wife [4] <09:50> - 32:9 <09:56>, 35:20 <10:48>, 55:9 <10:58>, 60:18 exact [6] <10:53> - 57:20 <11:06>, 65:9 <11:06>, 65:16 <11:06>, 65:22 <11:06>, 65:23 <14:42>, 82:3 exactly [1] <10:23> - 42:18 examination [1] <10:35> - 48:15 examine [1] <09:18> - 13:11 examiner [6] <09:13> - 10:10 <10:37>, 49:18 <10:37>, 49:21 <10:37>, 49:23 <10:38>, 50:6 <10:39>, 50:12 examiner's [1] <10:39> - 50:15 example [2] <09:40> - 26:3 <09:55>, 35:10 excuse [2] <09:23> - 16:10 <09:42>, 27:19 exercised [1] <09:31> - 20:21 exerting [1] <10:25> - 43:13 Exhibit [3] <09:28> - 19:9 <09:34>, 22:17 <09:52>, 33:13 exhibit [2] <11:18> - 73:14 <11:20>, 74:20 exhibits [9] <09:01> - 4:3 <09:01>, 4:4 <09:02>, 4:9 <11:15>, 72:1 <11:18>, 73:8 <11:18>, 73:14 <11:20>, 74:18 <11:20>, 74:22 <11:20>, 74:23 exist [2] <10:25> - 43:14 <10:26>, 43:23 exited [4] <09:57> - 36:9 <11:17>, 73:6 <11:17>, 73:7 <14:39>, 80:4 expecting [2] <11:08> - 66:20 expense [1] <11:07> - 66:5 expenses [3] <09:45> - 29:6 <10:40>, 51:13 <10:41>, 51:15 experience [10] <09:33> - 21:24 <09:39>, 25:25 <10:19>, 40:7 <10:19>, 40:12 <10:21>, 41:14 <10:28>, 45:2 <10:33>, 47:19 <10:54>, 57:25 <11:06>, 65:12 <11:06>, 65:23 experienced [5] <09:26> - 18:10 <10:18>, 40:1 <10:19>, 40:11 <10:22>, 41:21 <10:34>, 47:22 experiences [1] <10:44> - 53:14 experiencing [1] <10:28> - 45:4 expertise [1] <10:22> - 42:2 explain [4] <09:11> - 8:25 <09:11>, 9:6 <09:43>, 27:22 <10:38>, 50:6 explained [2] <10:38> - 50:9 <10:53>, 57:14 explanation [2] <09:29> - 19:24 <10:22>, 42:5 explicitly [1] <09:20> - 14:13 exposure [1] <14:42> - 81:25 express [1] <09:36> - 24:4 extensive [1] <10:17> - 39:13 extensively [1] <10:42> - 52:12 extent [1] <11:16> - 72:16 eyes [2] <09:07> - 6:23 <09:07>, 7:1 F facing [2] <11:07> - 66:7 <11:09>, 68:1 fact [14] <09:29> - 20:2 <09:36>, 23:18 <09:43>, 27:24 <10:15>, 38:8 <10:15>, 38:9 <10:31>, 46:19 <10:36>, 49:6 <10:37>, 49:12 <10:37>, 49:22 <10:38>, 49:25 <10:53>, 57:17 <10:53>, 57:19 <11:10>, 68:6 factfinder [1] <10:58> - 60:10 facts [6] <09:37> - 24:12 <09:45>, 29:14 <09:47>, 30:11 <10:15>, 38:6 <10:55>, 58:15 fail [1] <09:46> - 30:5 failed [18] <09:12> - 9:18 <09:15>, 11:13 <09:16>, 12:2 <09:16>, 12:6 <09:17>, 12:20 <09:24>, 17:5 <09:31>, 21:4 <09:31>, 21:5 <09:31>, 21:6 <10:27>, 44:9 <10:32>, 47:3 <10:36>, 49:5 <10:36>, 49:7 <10:42>, 52:6 <10:42>, 52:10 <10:46>, 54:12 <10:46>, 54:16 failure [17] <09:12> - 9:19 <09:15>, 11:15 <09:16>, 12:4 <09:16>, 12:10 <09:17>, 12:22 <09:24>, 17:5 <09:25>, 17:10 <09:27>, 18:24 <09:28>, 18:25 <09:28>, 19:1 <09:28>, 19:2 <09:28>, 19:4 <09:29>, 19:19 <09:31>, 20:17 <10:29>, 45:17 <11:05>, 65:7 <11:05>, 65:8 failure-to-report [1] <09:28> - 18:25 failures [1] <10:26> - 44:2 fairness [1] <10:50> - 56:9 fairy [1] <11:13> - 70:16 faithfully [1] <09:23> - 16:16 fake [3] <09:50> - 32:7 <09:51>, 32:25 <11:13>, 70:18 false [16] <09:10> - 8:21 <09:32>, 21:16 <09:33>, 22:9 <09:34>, 22:12 <09:35>, 23:2 <09:35>, 23:3 <09:35>, 23:15 <09:39>, 25:16 <09:41>, 26:15 <09:41>, 26:16 <09:41>, 26:19 <09:42>, 27:20 <09:43>, 27:23 <10:44>, 53:6 <10:47>, 54:22 falsity [1] <09:33> - 22:10 family [8] <09:07> - 7:3 <09:56>, 35:25 <10:44>, 53:15 <11:12>, 69:15 <14:41>, 81:2 <14:41>, 81:8 <14:45>, 84:8 <14:47>, 85:18 far [2] <11:03> - 63:15 <14:40>, 80:25 fault [1] <10:37> - 49:13 FDC [1] <14:48> - 86:5 February [2] <09:51> - 32:20 <09:55>, 35:10 Federal [1] <14:40> - 80:16 federal [1] <11:07> - 66:6 fellow [1] <10:34> - 47:25 felon [1] <14:42> - 82:11 felt [6] <09:27> - 18:12 <11:06>, 65:16 <11:06>, 65:19 <11:06>, 65:20 <11:06>, 65:21 <11:06>, 65:22 few [6] <09:48> - 31:2 <10:47>, 55:1 <10:47>, 55:7 <11:15>, 71:23 <11:15>, 71:25 <14:39>, 80:1 fifth [1] <09:34> - 22:12 fighting [1] <14:41> - 81:15 figure [1] <09:18> - 13:11 figures [2] <09:50> - 32:10 <09:51>, 33:2 file [3] <09:24> - 16:25 <14:45>, 84:3 <14:45>, 84:16 filed [3] <09:24> - 16:23 <09:45>, 29:9 <09:48>, 31:6 files [1] <09:49> - 31:22 filled [4] <09:06> - 6:19 <09:48>, 31:5 <10:14>, 37:25 <10:42>, 52:8 filling [3] <09:36> - 23:23 <10:40>, 51:1 <10:40>, 51:8 fills [1] <09:36> - 24:2 fin [1] <09:30> - 20:14 final [3] <09:41> - 26:24 <14:39>, 80:3 <14:42>, 82:13 findings [1] <10:39> - 50:15 fine [1] <14:47> - 85:12 fined [1] <10:30> - 45:25 first [25] <09:10> - 8:19 <09:12>, 9:22 <09:14>, 10:20 <09:17>, 12:22 <09:19>, 13:24 <09:25>, 17:9 <09:33>, 22:6 <09:34>, 22:15 <09:42>, 27:18 <09:44>, 28:16 <09:49>, 31:22 <09:49>, 31:24 <09:54>, 34:10 <10:12>, 36:19 <10:26>, 44:1 <11:10>, 68:19 <11:11>, 68:20 <11:11>, 69:1 <11:11>, 69:3 <11:11>, 69:5 <11:11>, 69:7 <11:11>, 69:10 <11:17>, 72:24 <14:42>, 82:11 first-time [1] <14:42> - 82:11 firsthand [1] <10:20> - 40:21 fish [1] <10:21> - 41:16 Fish [1] <10:57> - 59:19 fishing [3] <10:21> - 41:15 <10:23>, 42:12 <10:44>, 53:14 five [21] <09:09> - 8:7 <09:10>, 8:18 <09:24>, 16:20 <09:52>, 33:6 <09:52>, 33:18 <09:53>, 33:20 <09:53>, 34:1 <09:53>, 34:3 <09:55>, 35:11 <09:57>, 36:6 <09:57>, 36:10 <10:41>, 51:22 <10:59>, 61:4 <11:02>, 63:3 <11:11>, 69:8 <11:15>, 71:20 <14:40>, 80:11 <14:40>, 80:23 <14:40>, 80:25 <14:41>, 81:7 <14:42>, 82:2 five-minute [1] <09:57> - 36:6 94 five-plus [1] <09:09> - 8:7 fix [15] <09:16> - 12:6 <09:16>, 12:9 <09:22>, 15:16 <09:25>, 17:10 <09:25>, 17:19 <09:25>, 17:21 <09:28>, 19:1 <09:28>, 19:4 <09:31>, 21:5 <10:27>, 44:9 <10:27>, 44:18 <10:53>, 57:20 <10:55>, 58:21 <11:02>, 62:19 <11:05>, 65:8 fixed [9] <09:26> - 17:25 <09:26>, 18:1 <09:26>, 18:2 <09:27>, 18:16 <10:27>, 44:12 <10:27>, 44:17 <10:33>, 47:13 <11:04>, 64:9 fled [1] <14:40> - 80:24 flee [2] <14:41> - 81:16 <14:44>, 83:13 flight [4] <14:41> - 81:4 <14:42>, 81:20 <14:43>, 82:18 <14:43>, 82:23 Florida [10] <09:09> - 8:6 <09:24>, 16:19 <09:33>, 22:3 <09:49>, 31:17 <09:49>, 31:20 <09:50>, 32:16 <09:52>, 33:14 <10:57>, 59:19 <11:11>, 69:12 <14:38>, 79:22 fly [1] <11:14> - 70:25 Flynn [16] <09:06> - 6:17 <09:07>, 6:21 <09:07>, 7:3 <09:12>, 9:16 <09:13>, 10:9 <09:17>, 12:14 <09:26>, 18:8 <09:30>, 20:4 <09:44>, 28:25 <09:47>, 30:20 <09:56>, 35:25 <10:15>, 38:12 <10:16>, 38:21 <10:54>, 57:24 <11:06>, 65:15 Flynn's [6] <09:10> - 8:21 <09:12>, 9:13 <09:15>, 11:16 <09:16>, 12:11 <10:37>, 49:21 <10:38>, 49:24 Flynns [1] <09:35> - 23:12 focus [1] <09:44> - 28:16 folks [1] <11:05> - 65:2 follow [5] <11:10> - 68:3 <11:10>, 68:6 <11:15>, 72:2 <14:44>, 83:20 <14:44>, 83:22 followed [2] <10:40> - 50:25 <10:45>, 54:3 following [4] <09:54> - 34:19 <10:26>, 43:24 <10:42>, 52:2 <10:55>, 58:14 follows [2] <09:47> - 30:15 <11:15>, 72:6 forbid [1] <09:39> - 25:20 forbids [1] <09:39> - 25:18 force [2] <10:22> - 42:3 <10:22>, 42:4 foreperson [1] <14:36> - 77:9 foresee [1] <09:02> - 4:17 foreseeable [1] <09:15> - 11:18 forget [1] <09:23> - 16:15 forgiveness [15] <09:45> - 29:5 <09:47>, 30:9 <09:51>, 32:19 <09:51>, 32:21 <09:52>, 33:16 <09:52>, 33:17 <09:52>, 33:19 <09:53>, 33:23 <09:53>, 33:25 <09:53>, 34:4 <10:39>, 50:20 <10:42>, 52:5 <10:42>, 52:9 <11:11>, 68:21 <11:11>, 68:23 form [16] <10:40> - 51:6 <10:42>, 52:6 <10:42>, 52:7 <10:42>, 52:8 <10:42>, 52:9 <10:42>, 52:10 <10:44>, 53:10 <10:45>, 53:24 <11:12>, 70:4 <11:14>, 71:1 <11:14>, 71:3 <11:14>, 71:4 <14:34>, 76:11 Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 94 of 106 <14:39>, 79:25 <14:40>, 80:12 former [1] <09:56> - 35:18 forth [3] <09:55> - 35:4 <10:13>, 37:5 <14:40>, 80:15 forward [1] <11:16> - 72:9 foundation [1] <10:19> - 40:17 four [2] <09:53> - 34:9 <10:41>, 51:23 fourth [2] <09:33> - 22:11 <09:39>, 25:15 fragments [2] <10:47> - 54:23 <10:48>, 55:19 Francis [19] <09:01> - 3:14 <09:03>, 5:7 <09:57>, 36:6 <10:11>, 36:16 <10:50>, 56:16 <10:54>, 58:3 <10:56>, 59:5 <10:56>, 59:8 <10:56>, 59:16 <11:00>, 61:16 <11:00>, 62:1 <11:01>, 62:5 <11:02>, 63:4 <11:03>, 63:16 <11:03>, 63:17 <11:04>, 64:3 <11:12>, 70:3 <14:47>, 85:8 FRANCIS [2] <09:01> - 3:16 <10:11>, 36:17 frantic [1] <09:42> - 27:8 fraud [12] <09:11> - 8:23 <09:15>, 11:10 <09:41>, 26:25 <10:39>, 50:19 <10:40>, 51:10 <10:47>, 55:5 <11:08>, 66:24 <11:10>, 68:16 <11:10>, 68:18 <14:35>, 76:19 <14:44>, 83:16 fraudulent [5] <09:43> - 27:21 <09:53>, 33:22 <09:53>, 33:23 <10:47>, 54:17 free [3] <11:14> - 71:5 <14:43>, 83:2 <14:43>, 83:6 freedom [1] <10:34> - 48:1 frequently [1] <10:33> - 47:19 friend [1] <10:59> - 60:24 friends [7] <09:56> - 35:18 <10:44>, 53:15 <10:55>, 58:15 <10:58>, 60:18 <10:59>, 61:13 <14:45>, 84:8 <14:47>, 85:18 front [4] <09:07> - 6:23 <09:31>, 20:24 <10:18>, 40:5 <14:42>, 82:3 froze [1] <11:03> - 63:21 fulfill [1] <10:46> - 54:16 fulfilled [1] <10:12> - 36:23 full [3] <11:18> - 73:13 <11:19>, 73:18 <11:19>, 73:19 fun [1] <11:07> - 66:3 function [1] <14:38> - 79:21 functional [3] <10:25> - 43:10 <10:25>, 43:12 <10:26>, 43:25 functionality [1] <10:17> - 39:12 functioning [1] <10:27> - 44:13 fundamental [1] <14:38> - 79:19 future [1] <14:45> - 84:10 FWC [1] <11:10> - 68:8 G gain [2] <10:59> - 61:12 <11:02>, 63:2 gallery [1] <14:41> - 81:8 gap [1] <10:35> - 48:19 garage [1] <11:08> - 66:23 garbage [7] <10:55> - 58:12 <10:56>, 59:7 <10:56>, 59:9 <10:59>, 61:8 <11:02>, 62:25 <11:03>, 63:14 <11:15>, 71:16 gear [1] <09:48> - 31:8 general [1] <14:43> - 82:16 gentlemen [13] <09:06> - 6:12 <09:57>, 36:5 <10:11>, 36:18 <10:13>, 37:8 <10:16>, 38:23 <10:28>, 45:8 <10:30>, 46:3 <10:35>, 48:20 <10:45>, 54:4 <11:15>, 71:23 <14:33>, 75:18 <14:34>, 76:4 <14:38>, 79:17 Ghiz [11] <09:06> - 6:17 <09:10>, 8:21 <09:12>, 9:13 <09:12>, 9:16 <09:13>, 10:9 <09:15>, 11:16 <09:16>, 12:11 <09:17>, 12:14 <09:44>, 28:25 <09:47>, 30:20 <09:56>, 35:25 Ghiz-Flynn [7] <09:06> - 6:17 <09:12>, 9:16 <09:13>, 10:9 <09:17>, 12:14 <09:44>, 28:25 <09:47>, 30:20 <09:56>, 35:25 Ghiz-Flynn's [4] <09:10> - 8:21 <09:12>, 9:13 <09:15>, 11:16 <09:16>, 12:11 given [6] <09:30> - 20:3 <09:30>, 20:5 <09:30>, 20:7 <11:17>, 73:1 <14:44>, 83:14 <14:47>, 85:21 glaring [1] <10:35> - 48:11 goal [1] <09:42> - 27:9 God [1] <14:41> - 81:17 golf [5] <09:42> - 27:16 <09:52>, 33:9 <09:52>, 33:10 <09:53>, 34:7 Goodman [1] <09:47> - 30:21 government [39] <09:01> - 3:6 <09:03>, 5:18 <09:11>, 9:1 <09:27>, 18:22 <09:43>, 28:10 <09:55>, 35:9 <10:12>, 37:1 <10:13>, 37:4 <10:13>, 37:6 <10:13>, 37:16 <10:13>, 37:18 <10:14>, 37:20 <10:16>, 38:20 <10:19>, 40:10 <10:19>, 40:15 <10:21>, 41:19 <10:22>, 41:24 <10:23>, 42:13 <10:23>, 42:20 <10:24>, 42:23 <10:24>, 43:4 <10:25>, 43:13 <10:27>, 44:14 <10:29>, 45:16 <10:30>, 46:5 <10:32>, 46:23 <10:34>, 48:9 <10:35>, 48:15 <10:36>, 49:1 <10:38>, 50:8 <10:39>, 50:18 <10:40>, 51:10 <10:42>, 52:4 <10:42>, 52:10 <10:43>, 52:23 <10:44>, 53:10 <10:45>, 53:19 <10:46>, 54:7 <14:45>, 84:2 government's [8] <09:03> - 5:9 <10:17>, 39:9 <10:28>, 44:22 <10:34>, 48:2 <10:37>, 49:14 <10:39>, 50:14 <14:41>, 81:11 <14:47>, 85:19 Government's [3] <09:28> - 19:8 <09:34>, 22:17 <09:52>, 33:13 grant [2] <09:46> - 30:8 granted [1] <09:47> - 30:11 great [2] <10:13> - 37:4 <10:34>, 47:24 greater [1] <14:45> - 84:6 grounded [5] <09:22> - 15:20 <10:29>, 45:17 <10:30>, 46:1 <11:01>, 62:13 grounding [21] <09:17> - 13:2 <09:21>, 14:22 <09:21>, 14:23 <09:21>, 14:24 <09:21>, 15:6 <09:22>, 15:21 <09:22>, 15:24 <09:23>, 16:2 <09:24>, 17:1 <09:55>, 35:10 <10:28>, 45:8 <10:29>, 45:14 <10:29>, 45:18 <10:29>, 45:22 <10:30>, 45:24 <10:30>, 46:4 <10:31>, 46:15 <10:59>, 61:5 <11:02>, 63:3 <11:14>, 71:14 groundings [1] <10:29> - 45:10 Guard [51] <09:01> - 3:10 <09:09>, 8:4 <09:10>, 8:9 <09:11>, 8:22 <09:16>, 12:3 <09:17>, 12:24 <09:18>, 13:7 <09:18>, 13:9 <09:18>, 13:13 <09:20>, 14:10 <09:23>, 16:6 <09:23>, 16:11 <09:23>, 16:12 <09:24>, 17:3 <09:25>, 17:7 <09:30>, 20:9 <09:32>, 21:17 <09:34>, 22:19 <09:36>, 23:21 <09:36>, 23:23 <09:36>, 24:6 <09:37>, 24:10 <09:37>, 24:12 <09:37>, 24:17 <09:38>, 25:7 <09:39>, 25:22 <09:41>, 26:15 <09:41>, 26:19 <09:41>, 26:22 <09:47>, 30:21 <09:48>, 31:11 <09:56>, 35:17 <10:28>, 45:9 <10:38>, 50:4 <10:42>, 52:14 <10:43>, 52:16 <10:43>, 52:22 <10:44>, 53:9 <10:45>, 53:21 <10:45>, 54:4 <10:53>, 57:14 <10:58>, 60:18 <11:04>, 64:2 <11:04>, 64:3 <11:05>, 64:20 <11:08>, 66:16 <11:08>, 66:17 <11:09>, 67:21 <11:09>, 67:25 <11:10>, 68:11 guests [1] <10:45> - 53:19 guidance [1] <10:45> - 54:3 guide [1] <10:56> - 59:13 guided [1] <10:19> - 40:7 guideline [1] <14:42> - 81:25 guidelines [1] <14:40> - 80:15 guilt [3] <14:44> - 83:14 <14:46>, 84:19 <14:48>, 86:1 guilty [23] <09:10> - 8:18 <09:32>, 21:10 <09:41>, 26:18 <09:41>, 26:23 <09:54>, 34:11 <09:56>, 36:1 <09:56>, 36:2 <10:14>, 37:19 <10:15>, 38:14 <10:50>, 56:12 <11:07>, 66:8 <11:10>, 68:17 <14:35>, 76:17 <14:35>, 76:21 <14:35>, 76:24 <14:35>, 77:2 <14:36>, 77:5 <14:36>, 77:8 <14:40>, 80:11 <14:40>, 80:23 <14:41>, 81:15 gun [3] <09:20> - 14:15 <10:21>, 41:17 <10:24>, 43:9 guy [3] <10:18> - 39:21 <11:03>, 63:18 <11:03>, 63:19 H half [2] <11:05> - 64:25 <11:08>, 67:6 hand [3] <09:15> - 11:10 <14:33>, 76:1 <14:34>, 76:3 95 handle [2] <10:17> - 39:17 <14:39>, 80:7 handwritten [1] <09:48> - 31:5 hang [1] <09:02> - 4:19 hardworking [1] <09:10> - 8:12 Harris [3] <09:41> - 27:4 <09:46>, 29:20 <09:46>, 30:4 head [1] <14:38> - 78:23 headed [1] <09:22> - 15:12 hear [6] <10:15> - 38:18 <10:29>, 45:22 <10:48>, 55:15 <10:48>, 55:16 <10:56>, 59:6 <10:57>, 59:25 heard [53] <09:17> - 12:23 <09:18>, 13:13 <09:23>, 16:11 <09:28>, 19:5 <09:33>, 21:22 <09:36>, 24:6 <09:38>, 25:2 <09:39>, 25:25 <09:41>, 27:3 <09:42>, 27:7 <09:46>, 29:19 <09:46>, 29:20 <09:48>, 31:3 <09:54>, 34:15 <10:16>, 39:8 <10:18>, 40:5 <10:21>, 41:10 <10:23>, 42:21 <10:28>, 44:25 <10:28>, 45:5 <10:32>, 47:6 <10:36>, 48:22 <10:36>, 48:23 <10:52>, 57:2 <10:52>, 57:4 <10:54>, 58:5 <10:56>, 59:11 <10:56>, 59:16 <10:57>, 59:18 <10:58>, 60:12 <10:59>, 61:4 <10:59>, 61:6 <10:59>, 61:12 <11:00>, 61:16 <11:00>, 62:1 <11:01>, 62:7 <11:02>, 63:8 <11:02>, 63:9 <11:04>, 64:12 <11:05>, 64:17 <11:05>, 64:20 <11:05>, 64:21 <11:05>, 65:2 <11:07>, 66:10 <11:08>, 66:16 <11:09>, 67:19 <11:09>, 67:22 <11:09>, 67:24 <11:10>, 68:8 <11:11>, 68:24 <11:14>, 71:3 <14:42>, 82:5 hearing [4] <10:13> - 37:14 <14:44>, 83:20 <14:45>, 84:4 <14:48>, 85:25 heavily [1] <10:19> - 40:18 held [3] <09:06> - 6:20 <09:29>, 19:19 <10:52>, 57:1 Helen [1] <11:15> - 72:6 help [7] <09:18> - 13:18 <09:42>, 27:10 <09:43>, 28:7 <09:46>, 29:21 <09:46>, 29:22 <10:55>, 58:18 <10:56>, 59:13 helped [2] <10:18> - 39:24 <10:28>, 45:1 helping [1] <09:10> - 8:11 helps [1] <10:55> - 58:21 hence [1] <10:33> - 47:13 Herfy [1] <11:16> - 72:7 herself [2] <11:03> - 63:22 <11:03>, 63:24 Hester [37] <09:19> - 13:24 <09:19>, 14:3 <09:20>, 14:13 <09:20>, 14:14 <09:20>, 14:18 <09:21>, 14:24 <09:21>, 15:7 <09:25>, 17:12 <09:26>, 18:3 <09:27>, 18:12 <09:35>, 23:11 <09:55>, 35:12 <10:19>, 40:11 <10:20>, 40:21 <10:20>, 40:25 <10:22>, 41:21 <10:22>, 42:6 <10:22>, 42:8 <10:23>, 42:10 <10:25>, 43:16 <10:30>, 46:2 <10:30>, 46:5 <10:30>, 46:7 <10:31>, 46:11 <10:50>, 56:5 <10:53>, 57:21 <10:54>, 57:24 <10:57>, 60:4 <11:01>, 62:4 <11:01>, 62:5 <11:01>, 62:14 <11:01>, 62:17 <11:02>, 63:4 <11:02>, 63:5 <11:06>, Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 95 of 106 65:11 <11:06>, 66:1 Hester's [7] <09:26> - 18:6 <10:19>, 40:16 <10:19>, 40:18 <10:20>, 40:23 <10:22>, 41:25 <10:23>, 42:15 <10:24>, 42:25 hide [2] <10:24> - 43:5 <10:24>, 43:8 high [4] <09:32> - 21:12 <10:39>, 50:12 <10:55>, 58:24 <10:55>, 58:25 higher [1] <09:24> - 16:24 highest [1] <09:32> - 21:13 highlighted [2] <10:18> - 39:23 <10:44>, 53:11 himself [11] <09:45> - 29:11 <09:45>, 29:12 <09:50>, 32:14 <09:50>, 32:15 <09:51>, 32:17 <09:52>, 33:11 <10:30>, 46:1 <10:40>, 51:11 <10:47>, 55:6 <10:47>, 55:7 <11:13>, 70:13 hindsight [2] <09:26> - 18:1 <09:37>, 24:18 history [3] <14:42> - 82:8 <14:43>, 82:16 <14:43>, 82:22 hit [3] <09:49> - 31:20 <09:49>, 31:24 <11:01>, 62:17 hold [10] <09:09> - 8:1 <09:09>, 8:2 <09:10>, 8:9 <09:10>, 8:15 <09:10>, 8:17 <09:29>, 19:20 <09:32>, 21:11 <09:32>, 21:14 <09:53>, 34:8 <10:50>, 56:7 holds [1] <14:47> - 85:19 honest [1] <10:49> - 55:22 honestly [2] <09:23> - 16:16 <09:47>, 30:9 Honor [41] <09:01> - 3:7 <09:01>, 3:12 <09:01>, 3:24 <09:01>, 4:5 <09:02>, 4:16 <09:02>, 4:21 <09:03>, 4:24 <09:03>, 5:2 <09:03>, 5:4 <09:03>, 5:8 <09:04>, 6:6 <09:04>, 6:7 <09:06>, 6:15 <09:52>, 33:7 <10:11>, 36:17 <10:51>, 56:18 <10:52>, 56:20 <11:11>, 69:9 <11:18>, 73:10 <11:19>, 73:22 <11:19>, 74:2 <11:20>, 74:14 <11:20>, 74:16 <11:20>, 74:21 <11:20>, 75:2 <14:32>, 75:12 <14:32>, 75:15 <14:33>, 75:20 <14:33>, 75:24 <14:36>, 77:17 <14:36>, 77:20 <14:37>, 78:13 <14:38>, 79:1 <14:38>, 79:7 <14:38>, 79:15 <14:40>, 80:19 <14:41>, 81:12 <14:42>, 82:5 <14:46>, 84:20 <14:47>, 85:9 <14:47>, 85:12 hopped [2] <09:12> - 9:14 <09:28>, 19:15 host [1] <10:41> - 51:14 hours [2] <09:54> - 34:16 <10:59>, 61:7 Hudson [1] <10:22> - 41:25 hull [1] <10:21> - 41:18 human [1] <10:15> - 38:7 hundreds [2] <09:26> - 18:11 <10:18>, 40:4 Hurley [1] <14:37> - 78:19 hurt [3] <09:16> - 12:8 <09:18>, 13:17 <11:12>, 69:23 husband [4] <09:07> - 6:21 <09:56>, 35:25 <10:52>, 57:4 <10:52>, 57:7 I idea [5] <09:17> - 12:15 <10:57>, 59:19 <11:11>, 69:3 <11:11>, 69:10 <11:12>, 69:18 identified [1] <10:36> - 48:23 ignore [3] <09:55> - 35:15 <10:24>, 43:9 <10:35>, 48:12 ignored [1] <10:25> - 43:17 illustrates [1] <10:45> - 53:17 immediately [2] <09:49> - 31:16 <10:28>, 45:6 imminent [1] <09:31> - 21:6 important [27] <09:19> - 13:19 <09:33>, 22:11 <09:36>, 23:18 <09:37>, 24:12 <09:37>, 24:14 <09:37>, 24:15 <09:37>, 24:18 <09:43>, 27:25 <09:45>, 29:15 <09:45>, 29:16 <09:45>, 29:17 <09:54>, 34:15 <10:17>, 39:14 <10:20>, 40:25 <10:29>, 45:20 <10:37>, 49:18 <10:52>, 57:9 <10:53>, 57:10 <10:53>, 57:15 <10:55>, 58:23 <10:56>, 59:14 <11:00>, 61:21 <11:04>, 64:6 <11:08>, 66:18 <11:09>, 67:22 <11:09>, 67:23 <11:11>, 68:23 importantly [2] <10:23> - 42:11 <14:42>, 82:14 impossible [1] <09:07> - 7:4 impress [3] <09:54> - 34:20 <09:55>, 35:1 <10:58>, 60:16 improve [1] <10:44> - 53:12 inaction [4] <10:14> - 37:23 <10:25>, 43:19 <10:26>, 43:22 <10:31>, 46:20 inattention [2] <09:15> - 11:9 <14:34>, 76:16 inattentive [3] <10:32> - 46:25 <10:32>, 47:4 <10:36>, 49:7 inching [1] <10:27> - 44:16 incident [13] <09:48> - 30:25 <09:56>, 35:18 <10:14>, 37:21 <10:14>, 37:22 <10:17>, 39:19 <10:19>, 40:11 <10:21>, 41:9 <10:22>, 41:20 <10:22>, 42:6 <10:25>, 43:15 <10:26>, 44:2 <10:39>, 50:17 <11:01>, 62:14 incidents [3] <10:49> - 56:4 <10:56>, 59:9 <14:40>, 80:22 include [2] <10:23> - 42:15 <14:44>, 83:15 including [6] <09:33> - 21:21 <09:36>, 23:21 <10:44>, 53:14 <10:55>, 59:1 <11:01>, 62:8 <11:19>, 74:1 income [2] <09:48> - 30:23 <09:48>, 31:7 incomplete [1] <10:49> - 55:21 incorporated [1] <09:24> - 16:20 increased [1] <09:51> - 32:20 incredibly [2] <09:27> - 18:18 <11:06>, 65:25 indeed [4] <10:23> - 42:14 <10:33>, 47:15 <10:38>, 50:10 <10:41>, 51:21 independent [1] <10:23> - 42:19 index [3] <11:19> - 73:25 <11:19>, 74:1 <11:19>, 74:4 indicate [2] <10:22> - 41:21 <10:45>, 53:25 indicated [4] <10:38> - 50:5 <11:16>, 72:15 <14:38>, 79:18 <14:47>, 85:17 indicating [6] <09:07> - 6:22 <10:29>, 45:13 <10:52>, 57:5 <10:56>, 59:6 <11:03>, 63:12 <11:14>, 71:8 indicating) [3] <09:09> - 7:22 <09:22>, 15:18 <10:56>, 59:11 indictment [14] <09:10> - 8:19 <09:41>, 26:25 <09:49>, 32:1 <09:51>, 32:18 <11:15>, 71:21 <11:19>, 74:8 <11:20>, 74:18 <14:34>, 76:12 <14:35>, 76:23 <14:35>, 77:2 <14:35>, 77:4 <14:36>, 77:7 <14:40>, 80:12 <14:41>, 81:6 influence [2] <09:36> - 23:18 <09:43>, 27:25 influences [2] <09:36> - 24:3 <09:37>, 24:14 information [10] <10:18> - 39:22 <10:31>, 46:14 <10:41>, 51:20 <10:43>, 52:22 <11:08>, 66:22 <11:08>, 67:2 <11:11>, 69:6 <14:42>, 82:9 <14:42>, 82:10 <14:48>, 86:9 informed [3] <10:25> - 43:15 <10:30>, 46:7 <10:43>, 52:17 inherent [1] <09:29> - 19:17 inherently [1] <14:42> - 81:22 initial [1] <09:46> - 30:3 initialling [1] <09:46> - 30:7 initials [1] <11:11> - 69:1 initiate [1] <10:32> - 47:8 injuries [2] <10:37> - 49:20 <10:38>, 50:6 injury [1] <09:47> - 30:14 injustice [1] <10:50> - 56:8 inquiry [1] <14:48> - 86:3 insights [1] <10:48> - 55:10 inspect [2] <09:37> - 24:10 <10:36>, 49:9 inspected [3] <09:27> - 18:19 <09:30>, 20:9 <10:33>, 47:10 96 inspection [2] <10:23> - 42:16 <10:35>, 48:14 inspections [1] <09:37> - 24:17 instead [2] <10:48> - 55:19 <10:57>, 59:22 institutions [1] <09:46> - 30:6 instructed [1] <09:32> - 21:12 instruction [8] <09:14> - 11:8 <09:54>, 34:13 <09:54>, 34:14 <09:54>, 34:17 <10:55>, 58:16 <11:00>, 61:14 <11:00>, 61:17 <11:08>, 67:8 instructions [15] <09:14> - 11:3 <10:12>, 36:24 <10:12>, 37:3 <10:13>, 37:14 <10:40>, 50:25 <10:54>, 58:2 <10:58>, 60:14 <10:59>, 61:1 <10:59>, 61:7 <11:00>, 61:21 <11:02>, 62:23 <11:15>, 71:23 <11:15>, 72:2 <11:16>, 72:15 <11:16>, 72:22 instructor [1] <10:41> - 51:25 integrity [1] <10:50> - 56:15 intended [3] <09:17> - 13:3 <09:44>, 28:19 <10:45>, 53:18 intent [9] <09:12> - 9:16 <09:39>, 25:17 <09:39>, 25:19 <09:40>, 26:13 <09:43>, 28:2 <09:47>, 30:12 <09:47>, 30:13 <14:43>, 82:16 <14:43>, 82:17 intentional [1] <09:22> - 15:23 intentions [2] <10:44> - 53:5 <10:49>, 55:24 interest [2] <09:54> - 34:22 <10:59>, 61:11 interstate [2] <09:43> - 28:6 <09:43>, 28:12 intervene [1] <09:18> - 13:10 intervened [1] <09:25> - 17:7 interview [2] <10:23> - 42:11 <10:48>, 55:17 interviewed [2] <10:23> - 42:17 <10:57>, 59:22 interviewing [1] <10:22> - 42:7 interviews [1] <10:20> - 40:20 investigate [1] <10:26> - 43:21 investigated [1] <11:08> - 66:18 investigating [1] <10:27> - 44:18 investigation [7] <09:37> - 24:15 <10:23>, 42:19 <11:16>, 72:14 <14:40>, 80:22 <14:40>, 80:24 <14:41>, 81:7 <14:43>, 83:3 Investigation [1] <14:45> - 83:23 Investigative [1] <09:01> - 3:10 investigators [8] <09:56> - 35:18 <10:20>, 40:19 <10:20>, 40:22 <10:23>, Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 96 of 106 42:17 <10:24>, 43:1 <10:28>, 44:23 <10:30>, 46:6 involved [4] <10:15> - 38:7 <10:23>, 42:12 <10:53>, 57:13 <11:10>, 68:11 involves [1] <14:42> - 81:22 IRS [1] <09:45> - 29:9 issue [18] <09:16> - 12:10 <09:17>, 12:15 <09:28>, 19:6 <09:29>, 19:21 <09:36>, 24:3 <10:19>, 40:14 <10:22>, 41:22 <10:22>, 42:7 <10:23>, 42:14 <10:24>, 43:9 <10:25>, 43:16 <10:25>, 43:20 <10:26>, 44:8 <10:31>, 46:11 <10:33>, 47:11 <10:59>, 61:3 <11:04>, 64:9 issued [4] <09:36> - 24:1 <09:37>, 24:19 <09:38>, 24:23 <09:49>, 31:24 issues [16] <09:02> - 4:13 <09:02>, 4:17 <09:29>, 19:24 <10:20>, 41:6 <10:26>, 43:25 <10:27>, 44:14 <10:27>, 44:19 <10:27>, 44:21 <10:28>, 45:4 <10:32>, 46:24 <10:33>, 47:14 <10:33>, 47:19 <10:35>, 48:11 <10:36>, 48:23 <10:47>, 54:25 items [1] <09:01> - 3:22 J Jacob [1] <09:01> - 3:8 James [1] <11:16> - 72:7 jammed [2] <09:19> - 14:2 <09:20>, 14:15 Jennifer [33] <09:19> - 13:24 <09:20>, 14:13 <09:20>, 14:14 <09:20>, 14:18 <09:21>, 14:24 <09:25>, 17:12 <09:26>, 18:3 <09:26>, 18:6 <09:27>, 18:12 <09:35>, 23:11 <10:19>, 40:11 <10:19>, 40:16 <10:19>, 40:18 <10:20>, 40:21 <10:20>, 40:23 <10:20>, 40:25 <10:22>, 41:21 <10:22>, 41:25 <10:22>, 42:6 <10:23>, 42:10 <10:23>, 42:15 <10:24>, 42:25 <10:25>, 43:16 <10:30>, 46:2 <10:30>, 46:5 <10:30>, 46:7 <10:31>, 46:11 <10:50>, 56:5 <10:53>, 57:21 <10:54>, 57:24 <11:02>, 63:4 <11:06>, 65:11 <11:06>, 66:1 jeopardy [1] <10:34> - 48:2 job [10] <09:08> - 7:8 <09:11>, 8:25 <09:14>, 10:21 <10:15>, 38:16 <10:15>, 38:17 <10:16>, 39:3 <10:57>, 60:8 <11:12>, 69:16 <11:14>, 71:6 <11:14>, 71:7 jobs [1] <10:58> - 60:19 John [2] <09:25> - 17:15 <10:28>, 45:5 joined [1] <09:01> - 3:9 Jordan [2] <09:21> - 15:8 <11:02>, 63:8 Joshua [1] <09:48> - 31:3 Judge [9] <09:04> - 5:21 <09:04>, 6:8 <09:08>, 7:7 <09:14>, 11:3 <09:54>, 34:14 <14:40>, 80:8 <14:42>, 82:14 <14:45>, 84:14 <14:46>, 84:25 judge [5] <09:32> - 21:12 <10:12>, 36:20 <10:12>, 36:25 <10:16>, 39:5 <10:46>, 54:6 judge's [1] <10:13> - 37:13 judicial [1] <10:50> - 56:15 July [1] <09:50> - 32:14 June [7] <14:46> - 84:25 <14:47>, 85:5 <14:47>, 85:6 <14:47>, 85:7 <14:47>, 85:11 <14:47>, 85:16 <14:48>, 86:1 jurisdiction [2] <09:34> - 22:13 <14:40>, 80:24 juror [3] <09:01> - 3:20 <14:37>, 78:5 <14:37>, 78:14 JUROR [19] <14:33> - 75:20 <14:33>, 75:22 <14:33>, 75:24 <14:36>, 77:14 <14:36>, 77:17 <14:36>, 77:20 <14:36>, 77:23 <14:36>, 78:1 <14:37>, 78:4 <14:37>, 78:8 <14:37>, 78:13 <14:37>, 78:17 <14:37>, 78:21 <14:38>, 78:23 <14:38>, 79:1 <14:38>, 79:4 <14:38>, 79:7 <14:38>, 79:11 <14:38>, 79:15 Juror [8] <14:36> - 77:12 <14:36>, 77:15 <14:36>, 77:18 <14:36>, 77:21 <14:36>, 77:24 <14:36>, 78:2 <14:37>, 78:10 <14:37>, 78:18 jurors [12] <09:01> - 4:3 <09:04>, 6:5 <10:34>, 48:6 <10:47>, 54:17 <10:50>, 56:15 <11:00>, 61:23 <11:15>, 72:5 <11:16>, 72:12 <11:16>, 72:19 <14:31>, 75:11 <14:38>, 79:20 <14:39>, 80:6 Jurors [3] <10:21> - 41:19 <10:49>, 55:25 <10:50>, 56:11 jury [40] <09:05> - 6:9 <09:10>, 8:16 <09:11>, 8:25 <09:14>, 11:3 <09:14>, 11:8 <09:57>, 36:8 <09:57>, 36:9 <10:10>, 36:13 <10:11>, 36:14 <10:11>, 36:18 <10:12>, 36:24 <10:30>, 46:3 <10:45>, 54:4 <10:54>, 58:1 <10:54>, 58:10 <10:59>, 61:1 <11:00>, 61:14 <11:00>, 61:21 <11:00>, 61:24 <11:08>, 67:8 <11:09>, 67:15 <11:17>, 73:5 <11:17>, 73:7 <11:20>, 74:11 <11:20>, 75:1 <14:31>, 75:10 <14:32>, 75:16 <14:34>, 76:6 <14:34>, 76:12 <14:35>, 76:22 <14:35>, 76:25 <14:35>, 77:3 <14:36>, 77:6 <14:38>, 79:17 <14:38>, 79:18 <14:39>, 80:3 <14:39>, 80:4 <14:40>, 80:23 Jury [9] <11:02> - 62:24 <11:03>, 63:13 <11:04>, 64:13 <11:08>, 66:23 <11:10>, 68:3 <11:11>, 68:22 <11:14>, 70:25 <11:14>, 71:6 <11:14>, 71:15 jury's [2] <14:40> - 80:10 <14:40>, 80:20 justice [11] <09:07> - 7:4 <09:07>, 7:5 <09:08>, 7:6 <09:08>, 7:9 <09:56>, 35:25 <10:50>, 56:9 <11:15>, 71:18 <11:15>, 71:19 <14:38>, 79:19 K Kay [2] <09:21> - 15:7 <09:22>, 15:17 keep [5] <09:12> - 9:17 <09:14>, 11:2 <09:18>, 13:12 <09:29>, 19:16 <09:50>, 32:4 keeping [3] <09:08> - 7:18 <09:09>, 7:19 <11:12>, 69:24 keeps [1] <10:24> - 42:24 KELLER [18] <09:01> - 3:7 <09:01>, 3:24 <09:02>, 4:11 <09:03>, 4:24 <09:03>, 5:4 <09:04>, 5:21 <09:04>, 6:2 <09:04>, 6:7 <10:51>, 56:18 <10:52>, 56:22 <11:11>, 69:9 <11:19>, 73:21 <11:19>, 74:1 <11:20>, 74:14 <14:41>, 81:12 <14:42>, 82:2 <14:42>, 82:10 <14:47>, 85:12 Keller [12] <09:01> - 3:7 <09:01>, 3:23 <09:01>, 4:5 <09:02>, 4:23 <09:03>, 5:20 <10:50>, 56:17 <11:19>, 73:16 <11:19>, 73:20 <11:19>, 74:5 <11:20>, 74:13 <14:42>, 82:9 <14:47>, 85:10 Kelly [5] <09:50> - 32:8 <09:51>, 33:1 <11:11>, 69:13 <11:12>, 70:6 <11:12>, 70:8 kept [2] <09:25> - 17:8 <09:52>, 33:14 key [2] <10:12> - 36:19 <10:35>, 48:13 Kielian [1] <11:16> - 72:7 kill [2] <09:12> - 9:15 <09:12>, 9:16 killed [3] <09:18> - 13:17 <09:44>, 29:1 <09:47>, 30:20 Kimberly [2] <11:01> - 62:9 <11:02>, 63:9 kind [4] <10:22> - 42:2 <10:23>, 42:18 <10:59>, 61:6 <11:06>, 65:20 King [1] <09:01> - 3:9 knowing [1] <09:34> - 22:12 knowingly [2] <09:42> - 27:19 knowledge [3] <09:23> - 16:5 <10:20>, 40:21 <11:10>, 68:4 known [3] <09:31> - 20:20 <09:35>, 23:5 <11:04>, 64:11 knows [6] <09:40> - 26:12 <10:21>, 41:15 <10:55>, 58:23 <10:55>, 58:24 <11:09>, 67:12 <14:41>, 81:17 Koffsky [2] <09:01> - 3:8 <09:06>, 6:14 KOFFSKY [3] <09:03> - 5:2 <09:06>, 6:15 <09:52>, 33:7 Kristy [2] <09:50> - 32:8 <09:51>, 33:1 Kutukyan [1] <11:15> - 72:6 L labeled [1] <10:32> - 46:25 lacked [2] <10:22> - 42:2 <10:36>, 49:11 lacks [1] <10:23> - 42:18 ladder [2] <09:26> - 18:4 <09:40>, 26:5 ladies [13] <09:06> - 6:12 <09:57>, 36:5 <10:11>, 36:18 <10:13>, 37:8 <10:16>, 38:23 <10:28>, 45:8 <10:30>, 46:3 <10:35>, 48:20 <10:45>, 54:4 <11:15>, 71:23 <14:33>, 75:17 <14:34>, 76:4 <14:38>, 79:17 Lake [1] <10:42> - 52:15 97 language [1] <09:13> - 10:16 laptop [1] <11:20> - 74:25 last [19] <09:03> - 5:16 <10:12>, 36:19 <10:15>, 38:10 <10:17>, 39:19 <10:19>, 40:11 <10:31>, 46:16 <10:54>, 58:6 <10:55>, 58:13 <10:58>, 60:13 <10:58>, 60:17 <10:59>, 61:12 <11:00>, 61:14 <11:00>, 62:3 <11:01>, 62:6 <11:02>, 63:1 <11:09>, 67:14 <11:11>, 69:13 <11:17>, 73:3 <14:38>, 79:9 lasted [1] <10:48> - 55:17 lastly [3] <09:16> - 12:13 <09:39>, 25:15 <09:40>, 26:8 late [1] <09:30> - 20:13 law [8] <09:15> - 11:13 <09:16>, 12:3 <09:31>, 20:18 <09:39>, 25:18 <09:39>, 25:20 <10:14>, 37:19 <11:19>, 74:7 <14:35>, 76:20 lawful [1] <09:23> - 16:16 laws [2] <09:24> - 16:18 <10:16>, 39:2 lawyer [1] <10:56> - 59:12 lawyers [1] <09:08> - 7:7 leading [1] <10:46> - 54:11 leads [1] <09:51> - 32:18 learn [1] <09:23> - 16:11 learned [2] <09:30> - 20:16 <10:23>, 42:18 least [5] <09:40> - 26:8 <10:13>, 37:16 <10:48>, 55:18 <11:16>, 72:10 <14:44>, 83:21 leave [4] <11:16> - 72:20 <11:17>, 72:24 <11:19>, 74:8 <11:21>, 75:6 leaves [1] <10:35> - 48:18 led [3] <09:15> - 11:24 <10:19>, 40:12 ledge [1] <11:20> - 74:9 left [3] <09:01> - 3:14 <09:54>, 34:12 <11:17>, 72:25 leg [3] <09:19> - 14:4 <10:54>, 58:9 <10:57>, 60:6 legal [2] <09:32> - 21:14 <10:15>, 38:13 legs [2] <09:06> - 6:19 <09:30>, 20:14 lender [2] <09:41> - 27:5 <09:51>, 32:23 lenders [7] <09:10> - 8:13 <09:11>, 8:24 <09:41>, 27:3 <09:42>, 27:8 <09:44>, 28:23 <09:45>, 29:16 <09:46>, 29:19 less [3] <09:03> - 5:11 <09:07>, 7:1 <09:37>, 24:17 lie [16] <09:10> - 8:9 <10:54>, 58:7 <10:55>, 58:16 <10:58>, 60:21 <10:59>, 60:25 <11:02>, 63:2 <11:08>, 67:1 <11:13>, 70:23 <11:14>, 71:9 <11:14>, 71:13 lied [4] <09:09> - 8:4 <09:10>, 8:13 <09:41>, 26:22 lies [15] <09:09> - 8:2 <09:09>, 8:3 <09:10>, 8:10 <09:10>, 8:15 <09:10>, 8:16 <09:11>, 8:23 <09:41>, 27:1 <09:42>, 27:15 <09:47>, 30:14 <09:53>, Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 97 of 106 34:7 <09:53>, 34:8 <10:46>, 54:6 <10:54>, 58:7 <11:02>, 62:21 Lieutenant [3] <09:17> - 12:24 <09:37>, 24:7 life [18] <09:07> - 7:1 <09:09>, 7:25 <09:13>, 10:7 <09:13>, 10:8 <09:14>, 11:6 <09:47>, 30:21 <09:56>, 35:21 <10:24>, 42:22 <10:34>, 48:1 <10:37>, 49:22 <10:38>, 49:25 <10:49>, 56:3 <10:49>, 56:4 <10:50>, 56:14 <11:07>, 66:6 <14:34>, 76:15 <14:35>, 76:18 <14:41>, 81:14 life-threatening [2] <10:37> - 49:22 <10:38>, 49:25 light [5] <14:40> - 80:10 <14:40>, 80:20 <14:42>, 81:18 <14:46>, 84:18 <14:48>, 85:25 lightning [1] <10:52> - 56:24 likely [4] <09:28> - 19:11 <10:22>, 42:8 <10:38>, 50:2 <14:44>, 83:13 limbs [1] <09:17> - 12:18 limped [2] <09:22> - 15:18 <09:22>, 15:19 line [1] <09:21> - 15:4 list [3] <09:01> - 4:1 <09:01>, 4:3 <10:58>, 60:14 listed [1] <09:50> - 32:11 listen [1] <14:34> - 76:4 Listen [1] <11:13> - 70:22 listening [1] <10:13> - 37:13 literally [1] <11:14> - 71:13 live [2] <10:57> - 59:22 <10:57>, 60:1 lived [3] <09:20> - 14:18 <09:21>, 14:19 <14:43>, 82:21 lives [1] <09:32> - 21:7 loan [22] <09:42> - 27:9 <09:42>, 27:16 <09:46>, 30:8 <09:49>, 31:22 <09:49>, 31:25 <09:50>, 32:5 <09:50>, 32:8 <09:50>, 32:12 <09:50>, 32:14 <09:51>, 32:22 <09:52>, 33:18 <09:53>, 33:20 <09:53>, 33:21 <09:53>, 34:1 <09:53>, 34:2 <09:53>, 34:6 <10:41>, 51:20 <10:41>, 51:22 <11:10>, 68:19 <11:11>, 68:20 <11:11>, 68:22 loans [5] <09:43> - 28:11 <09:45>, 29:5 <09:47>, 30:10 <09:48>, 31:1 <09:48>, 31:4 local [1] <14:48> - 86:6 location [1] <14:48> - 86:9 logic [1] <10:15> - 38:7 long-time [3] <09:17> - 12:23 <09:21>, 15:7 <09:56>, 35:17 look [11] <09:18> - 13:10 <09:25>, 17:17 <09:37>, 24:20 <10:37>, 49:20 <10:55>, 58:12 <10:55>, 58:16 <10:58>, 60:22 <11:10>, 68:9 <11:15>, 71:16 <11:19>, 73:18 <14:42>, 81:25 looked [8] <09:26> - 17:25 <10:52>, 57:8 <10:55>, 58:22 <11:03>, 63:12 <11:08>, 66:14 <11:09>, 67:13 <11:09>, 67:15 <11:14>, 71:1 looking [6] <09:03> - 5:9 <09:03>, 5:16 <09:38>, 25:6 <10:13>, 37:13 <10:55>, 58:21 <11:16>, 72:8 looks [2] <09:11> - 9:2 <11:05>, 64:23 loss [12] <09:14> - 11:6 <09:17>, 13:3 <09:19>, 13:22 <09:20>, 14:9 <09:21>, 14:20 <09:21>, 15:5 <09:24>, 17:2 <09:47>, 30:14 <10:27>, 44:21 <14:34>, 76:15 <14:35>, 76:18 lost [5] <09:07> - 6:23 <09:09>, 7:25 <09:13>, 10:6 <09:13>, 10:8 <11:01>, 62:10 lucky [1] <11:06> - 65:14 lunch [1] <11:16> - 72:20 luxury [2] <09:33> - 21:23 <09:39>, 25:25 lying [2] <11:11> - 69:6 <11:11>, 69:11 M ma'am [10] <09:01> - 3:19 <09:03>, 5:15 <14:36>, 77:23 <14:37>, 78:4 <14:37>, 78:7 <14:37>, 78:10 <14:37>, 78:21 <14:38>, 79:4 <14:42>, 82:7 <14:49>, 86:11 main [2] <10:27> - 44:21 <10:35>, 48:17 maintained [1] <10:40> - 51:4 maintenance [1] <10:41> - 51:14 maker [1] <09:35> - 23:4 malfunction [3] <10:26> - 44:3 <10:34>, 48:10 <10:35>, 48:17 man [5] <09:09> - 7:22 <10:49>, 56:1 <10:49>, 56:3 <11:03>, 63:24 <14:43>, 82:15 mandate [1] <10:28> - 45:9 maneuverability [3] <09:18> - 13:4 <09:19>, 13:23 <09:24>, 17:2 mangroves [7] <09:16> - 12:8 <09:22>, 15:14 <09:22>, 15:23 <09:22>, 15:24 <09:23>, 15:25 <09:55>, 35:13 manslaughter [5] <09:10> - 8:20 <09:11>, 9:11 <10:16>, 39:5 <10:46>, 54:15 <14:44>, 83:16 manufacturing [1] <11:13> - 70:16 March [32] <09:11> - 9:12 <09:16>, 11:25 <09:16>, 12:7 <09:16>, 12:13 <09:17>, 13:2 <09:18>, 13:6 <09:19>, 13:22 <09:19>, 14:5 <09:21>, 15:1 <09:24>, 16:25 <09:25>, 17:17 <09:26>, 17:24 <09:27>, 18:14 <09:27>, 18:15 <09:27>, 18:20 <09:30>, 20:3 <09:30>, 20:6 <09:31>, 21:5 <09:32>, 21:18 <09:39>, 25:22 <09:40>, 26:4 <09:40>, 26:9 <09:47>, 30:19 <10:14>, 38:3 <10:17>, 39:9 <10:18>, 40:2 <10:26>, 43:24 <10:27>, 44:13 <10:55>, 59:1 <10:57>, 59:20 <11:06>, 66:1 <14:36>, 77:9 marched [2] <09:21> - 14:23 <09:55>, 35:9 marina [3] <09:21> - 15:8 <09:25>, 17:8 <09:33>, 22:2 marinas [1] <09:40> - 26:11 Marine [1] <10:42> - 52:15 marine [1] <10:37> - 49:15 mariner [7] <09:23> - 16:8 <09:23>, 16:9 <09:23>, 16:10 <10:17>, 39:17 <11:09>, 67:19 <11:09>, 67:20 <11:10>, 68:4 married [1] <11:12> - 70:5 Marshals [1] <14:48> - 86:8 massive [1] <10:57> - 60:6 Masterman [1] <09:46> - 30:5 material [7] <09:33> - 22:10 <09:36>, 23:17 <09:36>, 23:18 <09:43>, 27:24 <09:43>, 27:25 <09:45>, 29:14 <09:47>, 30:11 materiality [2] <09:36> - 23:17 <09:39>, 25:13 matter [19] <09:28> - 19:10 <09:28>, 19:11 <09:28>, 19:13 <09:29>, 19:16 <09:33>, 22:10 <09:33>, 22:11 <09:34>, 22:13 <10:15>, 38:18 <10:16>, 38:19 <10:23>, 42:21 <10:24>, 42:24 <10:57>, 59:24 <11:10>, 68:14 <11:11>, 69:3 <14:40>, 80:17 <14:43>, 82:19 <14:44>, 83:9 <14:47>, 85:15 matters [7] <09:28> - 19:13 <09:28>, 19:14 <09:29>, 19:16 <09:29>, 19:17 <09:36>, 24:2 <10:59>, 61:1 <14:39>, 80:7 Maureen [1] <11:16> - 72:7 McCabe [90] <09:00> - 3:5 <09:01>, 3:15 <09:09>, 7:23 <09:09>, 8:1 <10:12>, 36:22 <10:14>, 37:19 <10:16>, 38:21 <10:16>, 39:1 <10:16>, 39:7 <10:17>, 39:9 <10:17>, 39:18 <10:18>, 39:20 <10:18>, 39:21 <10:18>, 39:25 <10:18>, 40:3 <10:19>, 40:15 <10:20>, 41:3 <10:20>, 41:7 <10:21>, 41:13 <10:21>, 41:17 <10:22>, 41:22 <10:24>, 43:5 <10:25>, 43:15 <10:27>, 44:9 <10:27>, 44:17 <10:28>, 44:24 <10:28>, 44:25 <10:28>, 45:3 <10:28>, 45:7 <10:29>, 45:10 <10:30>, 46:9 <10:31>, 46:17 <10:32>, 46:23 <10:32>, 47:3 <10:33>, 47:9 <10:33>, 47:20 <10:34>, 47:23 <10:36>, 49:4 <10:36>, 49:7 <10:37>, 49:16 <10:38>, 50:3 <10:38>, 50:5 <10:38>, 50:9 <10:39>, 50:19 <10:39>, 50:24 <10:40>, 51:7 <10:40>, 51:11 <10:40>, 51:13 <10:41>, 51:18 <10:41>, 51:24 <10:42>, 52:8 <10:42>, 52:11 <10:43>, 52:20 <10:43>, 52:24 <10:44>, 53:11 <10:45>, 53:18 <10:45>, 53:22 <10:47>, 54:20 <10:47>, 55:2 <10:47>, 55:4 <10:48>, 55:17 <10:49>, 55:20 <10:49>, 55:21 <10:49>, 56:2 <10:50>, 56:12 <10:58>, 60:13 <11:11>, 68:24 <11:11>, 69:11 <11:12>, 69:19 <11:13>, 70:17 <14:34>, 76:11 <14:34>, 76:13 <14:35>, 76:23 <14:35>, 77:1 <14:35>, 77:4 <14:36>, 77:7 <14:40>, 80:10 <14:40>, 80:21 <14:40>, 80:23 <14:41>, 81:13 <14:42>, 81:23 <14:42>, 82:11 <14:43>, 82:15 <14:44>, 83:11 <14:44>, 83:19 <14:44>, 83:22 <14:47>, 98 85:17 <14:47>, 85:21 <14:48>, 86:1 <14:48>, 86:5 McCabe's [14] <10:13> - 37:14 <10:14>, 37:23 <10:15>, 38:11 <10:24>, 42:22 <10:29>, 45:17 <10:31>, 46:20 <10:36>, 48:24 <10:44>, 53:4 <10:46>, 54:8 <10:54>, 58:7 <10:56>, 59:8 <11:02>, 62:25 <11:13>, 70:21 <11:15>, 71:16 McKenna [3] <09:21> - 15:8 <09:55>, 35:12 <11:02>, 63:8 McManus [8] <09:21> - 14:25 <09:21>, 15:7 <09:35>, 23:11 <09:55>, 35:12 <10:58>, 60:20 <11:01>, 62:9 <11:02>, 63:5 mean [7] <09:04> - 5:23 <09:15>, 11:11 <09:25>, 17:19 <11:05>, 64:24 <11:09>, 67:12 <11:14>, 71:2 <11:14>, 71:13 means [7] <09:18> - 13:15 <09:32>, 21:11 <09:32>, 21:13 <09:39>, 25:16 <09:43>, 27:25 <09:49>, 31:13 <14:34>, 76:6 meant [2] <09:22> - 15:22 mechanic [14] <09:22> - 15:15 <09:25>, 17:15 <10:20>, 41:1 <10:28>, 45:5 <10:30>, 46:8 <10:30>, 46:10 <10:31>, 46:12 <10:31>, 46:17 <10:31>, 46:18 <10:32>, 46:24 <10:32>, 47:7 <10:32>, 47:8 <10:34>, 48:7 <10:36>, 49:4 mechanical [2] <10:26> - 44:2 <10:37>, 49:12 medals [1] <09:48> - 31:12 medical [9] <09:13> - 10:10 <10:22>, 42:2 <10:37>, 49:18 <10:37>, 49:21 <10:37>, 49:23 <10:38>, 50:1 <10:38>, 50:6 <10:39>, 50:12 <10:39>, 50:15 meet [4] <09:11> - 9:7 <10:46>, 54:12 <14:45>, 83:24 <14:45>, 83:25 member [2] <11:08> - 66:16 <11:08>, 66:17 members [14] <09:10> - 8:16 <09:11>, 8:25 <09:17>, 12:23 <09:18>, 13:13 <09:36>, 23:21 <09:36>, 24:6 <09:41>, 27:5 <09:56>, 35:17 <10:58>, 60:18 <11:03>, 63:13 <11:09>, 67:14 <11:14>, 71:6 <14:45>, 84:8 <14:47>, 85:18 Members [7] <11:02> - 62:24 <11:04>, 64:13 <11:08>, 66:22 <11:10>, 68:3 <11:11>, 68:22 <11:14>, 70:25 <11:14>, 71:15 membership [4] <09:42> - 27:16 <09:52>, 33:9 <09:52>, 33:10 <09:53>, 34:7 memory [5] <09:54> - 34:23 <09:55>, 35:7 <09:55>, 35:8 <09:55>, 35:14 mention [2] <10:20> - 41:2 <10:42>, 52:6 mentioned [5] <09:11> - 9:11 <09:35>, 23:6 <10:18>, 39:23 <10:29>, 45:19 <10:57>, 59:21 mentioning [1] <10:27> - 44:15 mentions [1] <10:36> - 49:4 Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 98 of 106 merchant [6] <09:23> - 16:8 <09:23>, 16:9 <11:09>, 67:19 <11:09>, 67:20 <11:10>, 68:4 merely [2] <10:23> - 42:10 <11:17>, 73:1 messages [1] <10:25> - 43:17 met [15] <09:11> - 9:1 <09:32>, 21:8 <09:32>, 21:9 <09:32>, 21:11 <09:32>, 21:14 <09:34>, 22:18 <09:35>, 23:1 <09:36>, 23:16 <09:39>, 25:14 <09:41>, 26:16 <09:41>, 26:17 <09:44>, 28:17 <09:54>, 34:10 <10:12>, 36:19 meticulously [2] <10:18> - 40:3 <10:39>, 50:24 Miami [2] <10:42> - 52:14 <14:48>, 86:6 middle [1] <09:54> - 34:19 Middlebrook [2] <14:37> - 78:8 <14:37>, 78:11 might [6] <09:25> - 17:8 <09:27>, 18:19 <09:28>, 19:5 <10:13>, 37:8 <10:57>, 60:4 <14:42>, 81:25 mind [6] <09:14> - 11:2 <09:29>, 19:16 <09:50>, 32:4 <10:13>, 37:12 <11:07>, 66:5 <14:38>, 79:9 minute [5] <09:54> - 34:17 <09:57>, 36:6 <10:16>, 38:25 <10:38>, 50:11 <10:55>, 58:16 minutes [16] <09:02> - 4:23 <09:03>, 5:8 <09:03>, 5:10 <09:04>, 5:22 <09:04>, 5:23 <09:21>, 15:2 <09:52>, 33:6 <09:54>, 34:12 <09:57>, 36:4 <09:57>, 36:10 <10:38>, 50:3 <10:48>, 55:18 <10:50>, 56:17 <11:11>, 69:8 <11:16>, 72:10 <11:21>, 75:5 miraculously [2] <10:27> - 44:12 <10:27>, 44:17 misconduct [5] <09:15> - 11:9 <09:25>, 17:22 <09:31>, 20:18 <14:34>, 76:16 <14:35>, 76:20 misleading [2] <10:41> - 51:19 <10:47>, 54:18 misled [2] <10:24> - 43:8 <10:43>, 52:24 misreported [1] <10:39> - 50:22 misspoke [1] <09:51> - 32:22 modification [1] <09:28> - 19:7 modifications [2] <09:28> - 19:12 <09:39>, 26:1 modified [1] <10:43> - 53:3 modify [1] <09:40> - 26:5 Mollie [36] <09:06> - 6:17 <09:07>, 7:2 <09:08>, 7:6 <09:09>, 7:21 <09:10>, 8:20 <09:12>, 9:13 <09:12>, 9:16 <09:13>, 10:3 <09:13>, 10:9 <09:15>, 11:16 <09:16>, 12:11 <09:17>, 12:14 <09:19>, 14:1 <09:24>, 16:25 <09:25>, 17:8 <09:26>, 18:3 <09:27>, 18:19 <09:29>, 19:21 <09:29>, 19:23 <09:30>, 20:12 <09:30>, 20:16 <09:31>, 20:19 <09:31>, 20:20 <09:44>, 28:25 <09:47>, 30:20 <09:56>, 35:25 <10:15>, 38:12 <10:16>, 38:21 <10:37>, 49:21 <10:38>, 49:24 <10:52>, 56:24 <10:53>, 57:21 <10:54>, 58:8 <10:55>, 59:1 <11:05>, 65:6 <11:15>, 71:18 Mollie's [7] <09:08> - 7:10 <09:12>, 9:19 <09:15>, 11:24 <09:24>, 17:6 <09:31>, 21:3 <09:55>, 35:2 <11:07>, 66:5 moment [4] <09:02> - 4:22 <09:43>, 27:22 <14:42>, 82:6 <14:46>, 85:3 momentarily [2] <09:01> - 3:21 <09:02>, 4:19 moments [2] <11:15> - 71:25 <14:39>, 80:1 Monday [1] <11:01> - 62:7 money [14] <09:44> - 28:20 <09:45>, 29:7 <09:45>, 29:10 <09:45>, 29:11 <09:46>, 30:7 <09:47>, 30:17 <09:50>, 32:13 <09:52>, 33:8 <09:52>, 33:11 <10:47>, 55:5 <11:11>, 68:25 <11:11>, 69:5 <11:13>, 70:18 <11:14>, 71:5 monitor [4] <14:40> - 80:25 <14:41>, 81:5 <14:43>, 82:22 <14:43>, 83:6 month [2] <09:49> - 31:22 <09:49>, 31:23 months [2] <09:50> - 32:14 <14:44>, 83:21 morning [13] <09:00> - 3:2 <09:01>, 3:7 <09:01>, 3:11 <09:01>, 3:12 <09:01>, 3:16 <09:01>, 3:17 <09:06>, 6:11 <09:30>, 20:6 <09:40>, 26:9 <10:11>, 36:18 <10:18>, 40:2 <11:19>, 73:17 <11:19>, 74:5 Mosquera [4] <09:17> - 12:24 <09:18>, 13:9 <09:37>, 24:8 <09:38>, 24:24 most [6] <09:11> - 9:8 <09:25>, 17:10 <10:17>, 39:14 <10:23>, 42:11 <10:37>, 49:17 <14:42>, 82:14 motion [2] <14:44> - 83:10 <14:45>, 84:16 motions [1] <14:40> - 80:14 move [2] <10:17> - 39:9 <11:10>, 68:16 moving [2] <11:07> - 66:8 <11:07>, 66:9 MR [46] <09:01> - 3:7 <09:01>, 3:12 <09:01>, 3:19 <09:01>, 3:24 <09:01>, 4:5 <09:02>, 4:11 <09:02>, 4:16 <09:03>, 4:24 <09:03>, 5:2 <09:03>, 5:4 <09:03>, 5:7 <09:03>, 5:15 <09:04>, 5:21 <09:04>, 6:2 <09:04>, 6:7 <09:04>, 6:8 <09:06>, 6:15 <09:52>, 33:7 <10:51>, 56:18 <10:52>, 56:22 <11:11>, 69:9 <11:18>, 73:10 <11:19>, 73:16 <11:19>, 73:21 <11:19>, 73:22 <11:19>, 74:1 <11:19>, 74:4 <11:20>, 74:14 <11:20>, 74:16 <11:20>, 74:21 <11:20>, 75:2 <14:32>, 75:15 <14:40>, 80:19 <14:41>, 81:12 <14:42>, 82:2 <14:42>, 82:5 <14:42>, 82:7 <14:42>, 82:10 <14:42>, 82:14 <14:45>, 84:14 <14:46>, 84:20 <14:47>, 85:9 <14:47>, 85:12 <14:48>, 86:3 <14:48>, 86:5 <14:49>, 86:11 MS [2] <09:01> - 3:16 <10:11>, 36:17 multiple [2] <09:35> - 23:12 <10:45>, 53:24 must [4] <09:49> - 31:16 <10:16>, 38:21 <10:22>, 42:6 N nail [1] <14:41> - 81:16 name [5] <09:34> - 22:23 <10:28>, 45:5 <14:37>, 78:7 <14:37>, 78:15 <14:38>, 79:9 names [1] <14:37> - 78:6 narrative [3] <10:24> - 42:24 <10:37>, 49:14 <10:47>, 54:24 National [1] <09:36> - 23:22 nature [4] <10:37> - 49:15 <11:20>, 75:3 <14:42>, 81:21 navigated [1] <10:19> - 40:9 near [1] <09:33> - 22:2 necessary [3] <10:17> - 39:14 <10:29>, 45:12 <14:45>, 84:6 need [13] <09:03> - 5:13 <09:13>, 10:4 <09:23>, 16:6 <09:44>, 28:15 <09:45>, 29:6 <09:55>, 35:5 <10:14>, 38:4 <10:15>, 38:18 <10:51>, 56:18 <10:57>, 59:23 <11:15>, 72:2 <11:16>, 72:16 <11:21>, 75:5 needed [5] <09:16> - 12:2 <09:21>, 15:4 <09:22>, 15:20 <09:23>, 16:2 <09:24>, 17:2 needing [1] <14:42> - 81:19 needs [1] <10:21> - 41:19 neglect [5] <09:15> - 11:10 <09:15>, 11:24 <09:25>, 17:22 <10:14>, 37:23 <14:35>, 76:19 neglected [2] <09:25> - 17:20 <10:34>, 48:4 negligence [27] <09:09> - 8:2 <09:10>, 8:15 <09:10>, 8:20 <09:11>, 9:12 <09:12>, 9:13 <09:12>, 9:19 <09:14>, 11:7 <09:15>, 11:9 <09:15>, 11:17 <09:15>, 11:18 <09:16>, 12:4 <09:24>, 17:4 <09:24>, 17:5 <09:27>, 18:22 <09:31>, 20:17 <09:31>, 21:3 <10:25>, 43:18 <10:26>, 43:22 <10:27>, 44:9 <10:29>, 45:18 <10:31>, 46:13 <10:31>, 46:20 <10:50>, 56:13 <10:53>, 57:15 <14:34>, 76:16 <14:43>, 82:17 negligent [7] <09:15> - 11:13 <09:15>, 11:23 <10:22>, 41:23 <10:32>, 46:25 <10:32>, 47:4 <10:36>, 49:7 <10:46>, 54:8 neutral [3] <09:02> - 4:9 <09:02>, 4:11 <11:01>, 62:17 never [11] <09:25> - 17:8 <09:27>, 18:12 <09:45>, 29:9 <09:51>, 33:1 <10:20>, 41:2 <10:57>, 59:20 <10:57>, 59:21 <11:06>, 65:13 <11:11>, 69:13 <14:40>, 80:24 <14:41>, 81:1 Never [1] <09:50> - 32:9 new [2] <10:42> - 52:1 <10:42>, 52:13 next [11] <09:16> - 12:10 <09:19>, 14:1 <09:24>, 99 16:24 <09:48>, 31:2 <09:48>, 31:10 <10:27>, 44:16 <10:33>, 47:13 <10:56>, 59:3 <11:03>, 63:20 <11:06>, 65:9 <11:06>, 65:15 nice [1] <09:06> - 6:11 nicest [1] <11:04> - 64:1 night [3] <09:03> - 5:16 <09:25>, 17:19 <10:14>, 38:3 none [3] <10:20> - 40:22 <10:20>, 40:23 <10:25>, 43:14 nonfunctional [1] <10:25> - 43:10 nonsense [1] <11:11> - 69:4 nonworking [1] <10:25> - 43:11 North [1] <11:02> - 63:9 notable [1] <09:55> - 35:1 note [8] <09:01> - 3:24 <10:34>, 47:23 <10:42>, 52:4 <11:07>, 66:4 <11:11>, 68:22 <14:31>, 75:10 <14:32>, 75:13 <14:47>, 85:21 nothing [10] <09:07> - 7:2 <09:07>, 7:3 <09:52>, 33:10 <10:30>, 45:23 <10:30>, 46:6 <10:59>, 61:12 <11:02>, 63:2 <11:20>, 74:16 <11:20>, 74:25 notice [4] <09:11> - 9:2 <10:36>, 49:3 <11:20>, 74:10 <14:44>, 83:20 notification [1] <14:47> - 85:20 notion [2] <09:23> - 15:25 <11:12>, 69:24 notwithstanding [1] <14:44> - 83:18 Number [9] <09:00> - 3:4 <09:14>, 11:7 <14:36>, 77:12 <14:36>, 77:15 <14:36>, 77:18 <14:36>, 77:21 <14:36>, 77:24 <14:36>, 78:2 <14:37>, 78:10 number [17] <09:16> - 11:25 <09:16>, 12:6 <09:19>, 13:25 <09:31>, 20:21 <09:43>, 27:23 <09:43>, 28:2 <09:43>, 28:4 <10:39>, 50:12 <10:39>, 50:23 <10:40>, 51:2 <14:34>, 76:11 <14:35>, 76:22 <14:35>, 76:25 <14:35>, 77:3 <14:36>, 77:6 <14:37>, 78:5 <14:37>, 78:14 numbers [2] <09:50> - 32:11 <14:42>, 82:3 numerous [4] <10:17> - 39:16 <10:18>, 39:24 <10:24>, 43:9 <10:28>, 45:2 O O'SULLIVAN [21] <09:01> - 3:12 <09:01>, 3:19 <09:01>, 4:5 <09:02>, 4:16 <09:03>, 5:7 <09:03>, 5:15 <09:04>, 6:8 <11:19>, 73:16 <11:19>, 74:4 <11:20>, 74:16 <14:32>, 75:15 <14:40>, 80:19 <14:42>, 82:5 <14:42>, 82:7 <14:42>, 82:14 <14:45>, 84:14 <14:46>, 84:20 <14:47>, 85:9 <14:48>, 86:3 <14:48>, 86:5 <14:49>, 86:11 O'Sullivan [13] <09:01> - 3:14 <09:01>, Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 99 of 106 4:2 <09:02>, 4:15 <09:03>, 5:5 <11:18>, 73:11 <11:18>, 73:13 <11:19>, 73:23 <11:20>, 74:15 <14:40>, 80:18 <14:42>, 82:13 <14:45>, 84:13 <14:46>, 84:21 <14:47>, 85:8 oath [7] <09:23> - 16:14 <09:23>, 16:15 <09:24>, 16:19 <11:05>, 64:24 <11:10>, 68:5 objection [5] <09:01> - 4:2 <09:01>, 4:5 <09:02>, 4:7 <11:19>, 73:18 <11:19>, 74:6 objections [1] <14:45> - 84:3 obligation [2] <09:12> - 9:17 <14:45>, 84:5 obligations [1] <11:04> - 64:4 observe [1] <09:54> - 34:23 observed [1] <10:36> - 48:22 occasionally [1] <11:16> - 72:10 occur [2] <10:28> - 45:9 <10:29>, 45:15 occurred [4] <09:16> - 12:10 <09:19>, 13:23 <09:51>, 32:19 <10:30>, 45:24 occurs [2] <09:18> - 13:4 <09:42>, 27:12 October [1] <09:50> - 32:15 Odom [4] <09:21> - 15:7 <09:55>, 35:12 <11:01>, 62:9 <11:02>, 63:9 Odom's [1] <09:22> - 15:17 offenses [1] <14:44> - 83:15 offer [1] <10:21> - 41:8 offered [2] <10:30> - 45:23 <10:30>, 46:6 officer [1] <11:02> - 63:10 OFFICER [3] <09:02> - 4:21 <09:04>, 6:6 <14:32>, 75:12 Officer [1] <09:21> - 15:9 officers [1] <09:24> - 16:17 official [3] <09:52> - 33:13 <10:30>, 45:25 <10:43>, 52:24 officially [1] <11:16> - 72:18 often [2] <10:33> - 47:18 <10:33>, 47:20 onboard [1] <10:32> - 47:8 once [12] <09:07> - 7:4 <09:10>, 8:12 <09:34>, 22:25 <10:23>, 42:9 <10:26>, 43:24 <10:41>, 51:15 <11:04>, 64:8 <11:10>, 68:10 <11:14>, 71:15 <11:15>, 71:16 <11:16>, 72:18 once-in-a-century [1] <09:10> - 8:12 one [53] <09:01> - 3:20 <09:02>, 4:12 <09:02>, 4:22 <09:08>, 7:11 <09:08>, 7:12 <09:15>, 11:10 <09:16>, 12:3 <09:18>, 13:6 <09:28>, 19:2 <09:28>, 19:4 <09:38>, 25:3 <09:38>, 25:5 <09:40>, 26:3 <09:42>, 27:15 <09:43>, 28:10 <09:43>, 28:13 <09:49>, 31:18 <09:49>, 31:25 <09:50>, 32:10 <09:51>, 32:24 <09:53>, 34:3 <09:54>, 34:20 <10:16>, 38:25 <10:28>, 44:22 <10:29>, 45:20 <10:30>, 46:2 <10:31>, 46:16 <10:31>, 46:18 <10:35>, 48:11 <10:36>, 49:3 <10:45>, 54:1 <10:47>, 54:21 <10:54>, 57:24 <10:58>, 60:16 <10:58>, 60:23 <10:59>, 61:10 <11:04>, 64:2 <11:04>, 64:13 <11:05>, 64:18 <11:07>, 66:12 <11:08>, 66:25 <11:09>, 67:19 <11:10>, 68:19 <11:12>, 69:15 <11:12>, 69:21 <14:34>, 76:6 <14:42>, 82:6 <14:46>, 85:3 <14:48>, 86:3 ones [3] <10:54> - 58:10 <10:55>, 58:13 <10:55>, 58:14 open [1] <09:03> - 5:2 opening [2] <09:03> - 4:25 <10:52>, 57:7 operate [2] <09:41> - 26:21 <09:49>, 31:16 operated [1] <09:09> - 8:6 operating [6] <09:38> - 25:10 <09:40>, 26:13 <09:44>, 29:1 <09:45>, 29:6 <09:46>, 29:23 <09:52>, 33:10 operation [1] <10:17> - 39:15 operational [3] <10:40> - 51:4 <10:41>, 51:21 <10:42>, 52:2 operations [2] <09:49> - 31:16 <10:48>, 55:13 opportunity [4] <09:31> - 21:2 <11:19>, 73:18 <14:45>, 84:3 <14:47>, 85:22 opposed [1] <09:20> - 14:16 option [2] <10:45> - 53:23 <10:45>, 54:1 optional [1] <09:37> - 24:11 options [1] <10:45> - 53:24 orbit [1] <09:33> - 21:21 order [8] <09:11> - 9:9 <09:22>, 15:12 <09:46>, 30:1 <09:49>, 31:13 <09:49>, 31:14 <09:49>, 31:20 <09:49>, 31:23 <14:45>, 84:10 Order [2] <08:54> - 3:1 <09:48>, 31:11 ordered [3] <09:52> - 33:14 <09:53>, 34:5 <14:44>, 83:11 orders [1] <09:24> - 16:17 oriented [1] <09:02> - 4:10 originally [2] <09:04> - 5:21 <09:23>, 16:13 outcome [3] <09:54> - 34:22 <09:55>, 35:5 <10:46>, 54:10 outlined [1] <10:12> - 37:3 outset [1] <14:38> - 79:18 outside [1] <11:16> - 72:11 overlooked [1] <10:36> - 49:5 own [3] <09:27> - 18:23 <10:18>, 39:24 <10:59>, 61:9 owner [10] <09:08> - 7:17 <09:09>, 7:20 <09:12>, 9:22 <09:12>, 10:2 <09:13>, 10:4 <09:14>, 10:25 <09:49>, 31:15 <11:04>, 64:8 <11:05>, 64:19 <14:35>, 76:18 P p.m [4] <11:21> - 75:8 <14:32>, 75:16 <14:39>, 80:4 <14:49>, 86:12 pack [3] <09:38> - 25:2 <09:38>, 25:10 <10:43>, 52:17 page [1] <09:54> - 34:19 paid [4] <09:35> - 23:13 <09:39>, 25:11 <10:56>, 59:2 <11:13>, 70:10 Palm [1] <11:02> - 63:9 pandemic [3] <09:10> - 8:12 <09:42>, 27:6 <09:42>, 27:11 panicking [1] <10:52> - 57:5 paper [1] <11:20> - 74:9 paragraph [2] <09:14> - 10:23 <09:14>, 10:24 Parker [1] <09:22> - 15:12 part [11] <09:11> - 9:8 <09:36>, 23:22 <09:56>, 35:20 <09:56>, 35:21 <10:13>, 37:4 <10:14>, 37:23 <10:25>, 43:19 <10:31>, 46:21 <10:35>, 48:17 <14:38>, 79:19 <14:45>, 83:24 participated [2] <09:42> - 27:20 <10:20>, 41:4 particular [3] <10:58> - 60:11 <10:58>, 60:12 <10:58>, 60:23 partly [1] <14:41> - 81:13 partner [1] <09:41> - 27:3 passenger [5] <09:16> - 12:8 <09:30>, 20:6 <09:38>, 25:1 <09:38>, 25:3 <09:38>, 25:10 passengers [9] <09:31> - 21:6 <09:39>, 25:11 <09:39>, 25:25 <10:53>, 57:11 <11:04>, 64:11 <11:04>, 64:12 <11:05>, 65:4 <11:07>, 66:4 <11:10>, 68:15 pay [4] <09:25> - 17:14 <09:35>, 23:8 <10:47>, 55:7 <11:07>, 66:4 Paycheck [5] <09:42> - 27:7 <09:48>, 31:8 <10:39>, 50:21 <10:40>, 51:9 <10:42>, 52:7 paying [9] <09:38> - 25:3 <09:39>, 25:25 <09:51>, 33:4 <10:56>, 59:10 <11:05>, 65:4 <11:07>, 66:4 <11:10>, 68:15 <11:12>, 69:15 <11:12>, 69:21 payment [1] <10:45> - 53:16 payments [2] <09:50> - 32:15 <09:50>, 32:16 payroll [16] <09:10> - 8:13 <09:45>, 29:6 <09:46>, 29:21 <09:46>, 29:22 <09:46>, 29:23 <09:46>, 30:8 <09:50>, 32:4 <09:51>, 32:20 <09:51>, 32:23 <09:52>, 33:18 <09:53>, 34:6 <10:39>, 50:23 <10:41>, 51:14 <11:11>, 68:20 <11:11>, 69:6 <11:12>, 69:14 Payroll [1] <09:45> - 29:17 pending [5] <14:40> - 80:17 <14:40>, 80:21 <14:44>, 83:10 <14:44>, 83:12 <14:45>, 100 84:12 people [22] <09:18> - 13:16 <09:18>, 13:17 <09:18>, 13:18 <09:21>, 15:8 <09:30>, 20:4 <09:46>, 30:4 <10:55>, 58:15 <10:55>, 58:17 <10:55>, 59:1 <10:58>, 60:17 <10:58>, 60:19 <10:58>, 60:20 <11:01>, 62:8 <11:02>, 62:22 <11:02>, 63:1 <11:02>, 63:3 <11:04>, 64:14 <11:04>, 64:15 <11:04>, 64:16 <11:08>, 67:4 <11:10>, 68:2 percent [1] <10:31> - 46:14 perception [1] <09:22> - 15:10 perfect [2] <09:20> - 14:11 <11:01>, 62:11 perfectly [1] <10:43> - 53:1 perform [3] <09:15> - 11:14 <09:24>, 16:17 <14:38>, 79:20 performance [1] <09:14> - 10:25 performed [1] <10:33> - 47:16 performing [2] <09:16> - 12:1 <10:34>, 48:8 perhaps [2] <09:03> - 5:19 <14:37>, 78:9 period [1] <14:45> - 84:4 permit [1] <11:17> - 73:4 permitted [1] <11:15> - 71:24 person [11] <09:07> - 6:23 <09:07>, 7:3 <09:12>, 9:23 <09:13>, 10:6 <09:14>, 10:22 <09:33>, 21:24 <09:38>, 24:22 <10:30>, 46:2 <11:05>, 65:5 <11:10>, 68:5 <14:34>, 76:14 personal [4] <09:54> - 34:21 <09:55>, 35:5 <10:17>, 39:16 <10:59>, 61:10 perspective [1] <10:22> - 41:25 persuade [3] <10:25> - 43:13 <10:39>, 50:18 <10:47>, 54:25 persuading [1] <10:47> - 54:17 phone [2] <10:40> - 51:7 <10:44>, 53:8 phones [2] <11:20> - 74:9 <11:21>, 75:6 photos [1] <09:13> - 10:12 phrase [1] <09:18> - 13:14 physical [2] <10:35> - 48:15 <11:20>, 74:23 physically [1] <14:48> - 86:5 pick [1] <09:21> - 15:4 picked [1] <09:21> - 15:4 picture [2] <10:48> - 55:19 <10:57>, 60:5 pictures [1] <10:17> - 39:11 piece [5] <09:13> - 10:17 <09:37>, 24:15 <10:31>, 46:14 <10:36>, 48:25 <11:20>, 74:9 pieces [2] <09:06> - 6:20 <10:48>, 55:19 pilot [3] <09:12> - 9:23 <09:14>, 10:22 <14:34>, 76:14 pink [1] <09:30> - 20:14 Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 100 of 106 place [8] <10:15> - 38:8 <10:25>, 43:11 <10:25>, 43:12 <10:35>, 48:17 <11:11>, 69:1 <11:11>, 69:5 <11:11>, 69:7 <11:16>, 72:11 places [1] <09:46> - 30:3 plan [2] <09:39> - 25:24 <09:44>, 28:19 planned [1] <09:03> - 5:19 platform [2] <09:26> - 18:4 <09:40>, 26:6 play [2] <10:57> - 60:2 <11:08>, 66:25 playing [1] <11:20> - 74:19 plenty [6] <09:15> - 11:21 <09:39>, 26:1 <10:28>, 45:2 <10:46>, 54:9 plus [1] <09:09> - 8:7 point [15] <09:04> - 6:1 <09:12>, 9:25 <09:12>, 10:1 <09:13>, 10:7 <09:15>, 11:20 <09:28>, 19:4 <09:33>, 22:4 <09:43>, 28:9 <09:44>, 28:14 <09:44>, 29:3 <10:15>, 38:14 <10:44>, 53:7 <11:02>, 63:1 <11:15>, 72:4 <14:42>, 82:11 Police [1] <11:02> - 63:9 Pollack [1] <09:46> - 30:5 polling [1] <14:34> - 76:6 Port [5] <09:20> - 14:7 <09:48>, 31:10 <09:49>, 31:13 <09:49>, 31:14 <09:49>, 31:23 port [5] <09:06> - 6:18 <09:25>, 17:12 <09:26>, 18:5 <09:31>, 20:23 <11:06>, 65:24 position [3] <14:41> - 81:11 <14:41>, 81:14 <14:42>, 81:18 possible [5] <10:22> - 42:5 <10:25>, 43:20 <10:32>, 46:24 <11:00>, 61:18 <11:16>, 72:18 posttrial [1] <14:40> - 80:14 potential [1] <10:20> - 41:6 potentially [1] <10:38> - 50:11 power [3] <09:17> - 12:17 <09:28>, 19:14 <09:55>, 35:3 Poznak [3] <09:33> - 21:25 <11:01>, 62:15 <11:01>, 62:18 PPP [6] <09:48> - 31:4 <10:40>, 51:10 <10:41>, 51:20 <10:47>, 54:25 <11:10>, 68:19 <11:11>, 68:20 precedes [1] <09:32> - 21:17 precisely [2] <10:32> - 47:1 <10:32>, 47:2 prejudice [1] <14:45> - 84:15 preparation [1] <14:45> - 84:11 prepare [2] <14:45> - 83:23 <14:47>, 85:23 prepared [1] <10:18> - 40:3 presence [1] <10:38> - 50:5 present [6] <10:27> - 44:16 <10:37>, 49:12 <14:32>, 75:14 <14:45>, 83:25 <14:45>, 84:9 <14:47>, 85:19 presentation [2] <09:11> - 9:7 <09:57>, 36:7 presented [11] <10:12> - 36:23 <10:13>, 37:16 <10:19>, 40:10 <10:24>, 43:4 <10:37>, 49:18 <10:41>, 51:18 <10:44>, 53:11 <10:46>, 54:13 <10:47>, 54:20 <10:47>, 54:23 <11:15>, 71:25 presentence [2] <14:40> - 80:21 <14:43>, 83:3 Presentence [1] <14:45> - 83:23 pretenses [3] <09:43> - 27:21 <09:43>, 27:23 <09:47>, 30:13 pretrial [1] <14:45> - 84:14 price [1] <10:56> - 59:2 pride [1] <10:34> - 47:24 principles [1] <10:50> - 56:9 probation [2] <14:45> - 83:23 <14:45>, 83:25 problem [1] <09:28> - 19:6 problems [5] <10:31> - 46:17 <10:32>, 47:3 <10:33>, 47:21 <10:34>, 48:4 <10:53>, 57:18 Procedure [1] <14:40> - 80:16 proceed [2] <09:01> - 3:22 <10:52>, 56:20 proceedings [1] <14:49> - 86:12 proceeds [1] <09:42> - 27:16 process [7] <09:36> - 23:23 <10:50>, 56:15 <11:16>, 72:9 <11:16>, 72:21 <14:38>, 79:19 <14:44>, 83:22 <14:45>, 83:24 profession [1] <14:43> - 82:18 profit [1] <11:12> - 70:8 Program [4] <09:42> - 27:7 <09:46>, 29:18 <09:48>, 31:9 <10:39>, 50:21 program [2] <09:42> - 27:13 <09:46>, 29:21 promised [1] <09:06> - 6:12 promises [2] <09:43> - 27:21 <09:43>, 27:24 prompting [1] <10:18> - 39:22 promptly [2] <10:31> - 46:12 <10:33>, 47:13 proof [4] <09:32> - 21:11 <09:32>, 21:12 <10:30>, 45:24 <10:46>, 54:6 propeller [28] <09:06> - 6:18 <09:16>, 12:9 <09:17>, 12:15 <09:19>, 14:3 <09:20>, 14:8 <09:20>, 14:17 <09:25>, 17:12 <09:26>, 18:5 <09:27>, 18:16 <09:27>, 18:17 <09:28>, 19:6 <09:28>, 19:11 <09:29>, 19:17 <09:29>, 19:22 <09:29>, 19:25 <09:29>, 20:1 <09:31>, 20:20 <09:31>, 21:5 <10:22>, 42:4 <10:23>, 42:14 <10:35>, 48:11 <10:35>, 48:16 <10:38>, 50:7 <10:38>, 50:9 <11:01>, 62:16 <11:06>, 65:24 propellers [6] <09:17> - 12:16 <09:55>, 35:2 <10:19>, 40:14 <10:20>, 40:23 <10:21>, 41:11 <10:24>, 42:25 propels [1] <09:20> - 14:8 proper [1] <10:42> - 52:10 properly [1] <09:21> - 15:3 property [1] <09:44> - 28:20 propulsion [13] <09:17> - 13:3 <09:19>, 13:22 <09:20>, 14:9 <09:21>, 14:20 <09:21>, 15:5 <09:24>, 17:2 <10:22>, 41:22 <10:22>, 42:7 <10:26>, 44:7 <10:27>, 44:13 <10:28>, 44:22 <10:31>, 46:11 <10:33>, 47:11 prosecution [5] <10:26> - 44:3 <10:26>, 44:6 <10:36>, 49:9 <10:46>, 54:12 <10:47>, 54:23 protect [1] <09:07> - 6:24 Protection [6] <09:42> - 27:7 <09:45>, 29:17 <09:48>, 31:8 <10:39>, 50:21 <10:40>, 51:9 <10:42>, 52:8 prove [3] <10:21> - 41:19 <10:22>, 41:22 <10:35>, 48:16 proved [3] <10:14> - 37:20 <10:16>, 38:20 <10:43>, 52:23 provide [10] <09:02> - 4:6 <10:34>, 48:9 <10:36>, 49:8 <10:40>, 51:8 <10:42>, 52:10 <10:48>, 55:13 <11:19>, 74:2 <14:46>, 84:23 <14:47>, 85:4 <14:48>, 86:10 provided [7] <10:12> - 36:25 <10:19>, 40:7 <10:37>, 49:16 <10:39>, 50:15 <10:42>, 52:4 <10:45>, 54:3 <10:47>, 54:18 providing [1] <09:01> - 4:3 proximately [5] <09:14> - 11:6 <09:15>, 11:16 <09:27>, 18:21 <14:34>, 76:15 <14:35>, 76:19 prudent [2] <10:17> - 39:17 <10:28>, 45:3 PSI [1] <14:45> - 84:1 PSR [1] <14:45> - 84:1 public [1] <14:40> - 80:13 published [3] <14:33> - 76:2 <14:34>, 76:4 <14:45>, 84:2 pulled [1] <09:06> - 6:18 pulling [2] <09:26> - 18:7 <09:27>, 18:13 purchased [1] <09:53> - 34:7 purpose [6] <09:09> - 8:4 <09:11>, 8:22 <09:40>, 26:2 <09:40>, 26:6 <09:41>, 26:20 <09:46>, 29:21 purposefully [1] <09:39> - 25:17 purposes [4] <09:32> - 21:20 <09:33>, 22:8 <10:43>, 53:1 <14:45>, 84:7 101 push [1] <10:29> - 45:13 pushed [1] <09:22> - 15:21 put [3] <10:55> - 58:11 <10:56>, 59:7 <10:56>, 59:9 Q questioned [2] <09:51> - 33:2 <10:23>, 42:9 questions [6] <09:14> - 11:4 <09:14>, 11:5 <09:15>, 11:12 <10:40>, 51:8 <10:48>, 55:12 <11:06>, 65:18 quieter [1] <09:07> - 6:25 quote [1] <09:20> - 14:6 quoting [1] <09:47> - 30:22 R raised [1] <10:25> - 43:16 ran [4] <09:16> - 12:8 <09:35>, 23:13 <09:55>, 35:12 <09:55>, 35:13 range [1] <14:42> - 81:25 rather [2] <10:38> - 50:7 <10:47>, 54:24 razor [1] <09:17> - 12:17 razor-sharp [1] <09:17> - 12:17 re [1] <11:11> - 68:24 re-swears [1] <11:11> - 68:24 reach [1] <11:20> - 74:10 reached [5] <10:32> - 47:7 <10:40>, 50:25 <10:41>, 51:16 <14:31>, 75:10 <14:33>, 75:18 read [19] <09:14> - 11:3 <09:43>, 28:9 <09:54>, 34:16 <10:12>, 36:25 <14:34>, 76:5 <14:34>, 76:7 <14:36>, 77:12 <14:36>, 77:15 <14:36>, 77:18 <14:36>, 77:21 <14:36>, 77:24 <14:36>, 78:2 <14:37>, 78:11 <14:37>, 78:15 <14:37>, 78:19 <14:38>, 78:24 <14:38>, 79:2 <14:38>, 79:5 <14:38>, 79:13 ready [1] <11:18> - 73:9 real [8] <09:45> - 29:10 <09:52>, 33:5 <09:56>, 35:16 <10:57>, 60:1 <11:11>, 69:12 <11:12>, 69:16 <11:15>, 71:17 realize [1] <09:27> - 18:17 realizing [1] <11:13> - 70:24 really [15] <09:03> - 5:13 <09:13>, 10:8 <09:15>, 11:11 <09:15>, 11:12 <09:15>, 11:22 <09:25>, 17:18 <09:28>, 19:13 <09:34>, 22:20 <09:42>, 27:9 <11:05>, 64:25 <11:08>, 67:5 <11:09>, 67:12 <11:12>, 69:21 <11:13>, 70:18 realtime [2] <10:40> - 50:25 <10:40>, 51:1 reason [13] <09:54> - 34:21 <10:34>, Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 101 of 106 48:9 <10:35>, 48:11 <10:55>, 58:15 <10:57>, 60:1 <10:58>, 60:23 <10:59>, 60:25 <11:00>, 61:19 <11:00>, 61:22 <11:02>, 63:2 <14:41>, 81:3 <14:41>, 81:9 <14:43>, 83:1 reasonable [16] <09:32> - 21:13 <10:12>, 36:22 <10:13>, 37:10 <10:13>, 37:12 <10:13>, 37:17 <10:13>, 37:18 <10:14>, 37:24 <10:22>, 41:20 <10:30>, 46:4 <10:32>, 47:2 <10:35>, 48:20 <10:43>, 52:24 <10:46>, 54:5 <10:46>, 54:7 <11:00>, 61:16 <14:45>, 84:5 reasonably [1] <09:15> - 11:18 reasons [6] <09:23> - 16:7 <09:32>, 21:8 <09:35>, 23:6 <09:39>, 25:13 <09:39>, 25:21 <09:56>, 35:23 rebuttal [1] <09:03> - 5:3 recalled [2] <09:30> - 20:4 <09:30>, 20:7 receive [1] <14:39> - 80:1 received [6] <10:41> - 51:16 <10:43>, 52:22 <10:44>, 53:9 <10:44>, 53:15 <11:19>, 74:4 <14:31>, 75:10 recess [4] <09:57> - 36:12 <11:20>, 74:11 <11:21>, 75:8 <14:48>, 86:2 recite [1] <10:18> - 40:5 recognize [1] <10:50> - 56:12 record [2] <11:18> - 73:12 <14:32>, 75:13 recounted [1] <10:21> - 41:9 recreation [1] <09:09> - 8:6 recreational [17] <09:32> - 21:20 <09:33>, 22:5 <09:33>, 22:8 <09:37>, 24:9 <09:37>, 24:11 <09:37>, 24:16 <09:38>, 24:23 <09:40>, 26:11 <09:40>, 26:13 <09:41>, 26:21 <10:43>, 52:18 <10:43>, 52:20 <10:43>, 52:25 <10:43>, 53:3 <10:44>, 53:13 <11:10>, 68:9 recreationally [1] <09:35> - 23:1 redacted [2] <11:19> - 74:8 <11:20>, 74:18 redirect [1] <10:55> - 58:20 reef [1] <10:21> - 41:17 referenced [1] <10:47> - 54:25 references [1] <09:02> - 4:10 refitting [2] <10:17> - 39:13 <10:44>, 53:13 reflected [1] <14:40> - 80:12 refurbished [1] <10:43> - 53:3 refurbishment [1] <10:44> - 53:13 regard [1] <09:41> - 26:20 regarding [9] <10:30> - 46:4 <10:35>, 48:21 <10:37>, 49:12 <10:37>, 49:16 <10:41>, 51:20 <10:44>, 53:5 <10:47>, 54:18 <10:47>, 54:25 <11:15>, 72:5 registration [2] <11:09> - 67:17 <11:09>, 67:23 regulations [12] <09:18> - 13:14 <09:18>, 13:15 <09:18>, 13:17 <09:23>, 16:11 <09:38>, 25:7 <10:28>, 45:9 <10:29>, 45:19 <10:43>, 52:17 <10:45>, 54:2 <11:09>, 67:21 <11:09>, 67:23 <11:09>, 67:25 regurgitating [1] <10:24> - 43:1 reiterating [1] <10:24> - 43:1 relatives [1] <14:47> - 85:20 relaxation [1] <10:45> - 53:18 relaying [1] <10:23> - 42:10 release [3] <14:40> - 80:17 <14:44>, 83:9 <14:44>, 83:10 released [2] <11:16> - 72:18 <14:40>, 80:21 releasing [4] <09:20> - 14:7 <09:25>, 17:13 relevant [3] <09:39> - 25:12 <09:49>, 32:1 <11:11>, 69:5 reliable [1] <10:18> - 40:1 relied [3] <09:36> - 23:25 <09:37>, 24:12 <09:46>, 30:6 relies [2] <10:19> - 40:17 <10:33>, 47:20 rely [1] <09:38> - 24:21 remain [1] <14:43> - 83:5 remained [1] <10:42> - 52:1 remains [1] <10:15> - 38:8 remand [4] <14:41> - 81:12 <14:42>, 81:23 <14:43>, 83:1 <14:44>, 83:17 remember [16] <09:22> - 15:17 <09:46>, 30:2 <09:56>, 35:20 <10:19>, 40:13 <10:20>, 40:19 <10:20>, 40:25 <10:21>, 41:19 <10:35>, 48:19 <11:03>, 63:17 <11:03>, 63:23 <11:04>, 64:13 <11:06>, 65:17 <11:06>, 65:18 <11:10>, 68:18 <11:12>, 70:8 <11:13>, 70:11 remembered [1] <09:51> - 33:4 reminding [1] <14:38> - 79:10 removed [1] <09:28> - 19:9 renewed [1] <09:24> - 16:20 rent [1] <10:41> - 51:14 repair [4] <10:26> - 43:21 <10:28>, 45:1 <10:28>, 45:6 <10:36>, 48:24 repairing [2] <10:18> - 39:24 <10:33>, 47:21 repairs [2] <10:32> - 47:8 <10:34>, 48:8 repeating [2] <09:41> - 27:3 <10:24>, 42:25 replaced [1] <09:49> - 31:19 Report [1] <14:45> - 83:23 report [19] <09:16> - 12:2 <09:16>, 12:4 <09:17>, 12:22 <09:20>, 14:12 <09:23>, 16:3 <09:24>, 16:23 <09:24>, 16:25 <09:24>, 17:4 <09:28>, 18:25 <09:31>, 21:4 <10:28>, 45:7 <10:29>, 45:14 <10:29>, 45:17 <10:36>, 49:7 <10:40>, 51:2 <10:53>, 57:19 <11:04>, 64:10 <11:05>, 65:7 reported [12] <09:17> - 12:25 <09:18>, 13:7 <09:18>, 13:9 <09:19>, 13:21 <09:20>, 14:10 <09:23>, 16:2 <09:24>, 17:3 <09:24>, 17:6 <10:23>, 42:18 <10:26>, 44:2 <10:32>, 47:7 <10:57>, 59:21 reporting [5] <09:17> - 12:22 <09:18>, 13:16 <09:23>, 16:4 <09:24>, 16:21 <10:29>, 45:10 representations [6] <09:36> - 23:25 <09:38>, 24:22 <09:43>, 27:21 <09:43>, 27:23 <09:46>, 29:24 <09:46>, 30:7 representative [2] <10:40> - 51:6 <10:43>, 52:17 representatives [3] <09:46> - 29:19 <10:41>, 51:16 <11:09>, 67:13 represented [1] <09:37> - 24:13 request [3] <09:03> - 5:20 <09:54>, 34:10 <10:39>, 50:20 requested [1] <09:04> - 5:21 require [1] <11:16> - 72:12 required [6] <09:17> - 12:25 <09:18>, 13:7 <09:20>, 14:10 <09:24>, 16:18 <09:38>, 25:4 <09:46>, 29:22 requirement [1] <10:15> - 38:13 requirements [5] <09:17> - 12:23 <09:18>, 13:16 <09:23>, 16:5 <09:24>, 16:22 <10:42>, 52:12 requires [4] <09:16> - 12:3 <09:32>, 21:10 <10:14>, 37:19 <10:22>, 42:3 research [2] <10:43> - 52:21 <10:44>, 53:8 researched [1] <10:42> - 52:12 reserved [2] <09:07> - 6:25 <09:57>, 36:4 resolve [1] <10:32> - 47:3 respect [5] <14:40> - 80:14 <14:42>, 82:8 <14:44>, 83:9 <14:45>, 84:10 <14:48>, 86:9 respectable [1] <10:28> - 45:1 respond [1] <10:54> - 58:2 responded [3] <10:25> - 43:16 <10:25>, 43:18 <11:03>, 63:21 responding [1] <11:00> - 61:15 response [2] <09:40> - 26:10 <09:51>, 33:3 responsibilities [2] <10:32> - 47:1 <10:32>, 47:5 responsibility [5] <10:46> - 54:16 <11:04>, 64:9 <11:04>, 64:10 <11:04>, 64:11 <11:05>, 64:19 102 responsible [20] <09:08> - 7:13 <09:08>, 7:14 <09:08>, 7:15 <09:08>, 7:17 <09:08>, 7:18 <09:09>, 7:23 <09:09>, 8:1 <09:09>, 8:2 <10:25>, 43:19 <10:41>, 51:15 <10:50>, 56:7 <10:53>, 57:17 <10:55>, 58:19 <10:55>, 58:21 <10:55>, 58:23 <11:04>, 64:7 <11:05>, 65:5 <11:07>, 66:7 result [3] <09:15> - 11:17 <09:15>, 11:18 <10:14>, 37:22 resulted [1] <11:06> - 65:23 resume [1] <09:57> - 36:10 return [2] <09:56> - 36:2 <11:17>, 73:5 returned [1] <10:40> - 51:3 returning [1] <09:31> - 20:22 reverse [3] <09:16> - 12:7 <09:21>, 15:2 <11:01>, 62:10 review [4] <11:15> - 72:1 <11:18>, 73:13 <11:19>, 74:6 <14:33>, 76:1 reviewed [4] <11:18> - 73:11 <11:19>, 73:22 <11:19>, 73:24 <11:20>, 75:2 reviewing [1] <10:22> - 42:7 ricochetted [1] <09:19> - 14:3 ridiculous [6] <10:54> - 58:7 <10:54>, 58:10 <10:55>, 58:11 <10:59>, 61:2 <11:01>, 62:12 <11:02>, 63:7 rise [2] <09:57> - 36:8 <14:39>, 80:2 risk [4] <14:41> - 81:4 <14:42>, 81:20 <14:43>, 82:18 <14:43>, 82:23 risks [1] <10:53> - 57:12 River [3] <09:43> - 28:12 <09:51>, 32:19 <09:51>, 32:22 rocket [1] <11:06> - 65:9 rocking [1] <09:55> - 35:3 room [1] <11:17> - 73:5 rotated [1] <10:38> - 50:10 rudder [1] <10:21> - 41:18 Rules [1] <14:40> - 80:16 rules [4] <10:53> - 57:13 <11:08>, 66:17 <11:10>, 68:5 <11:10>, 68:7 ruling [1] <14:46> - 84:21 running [1] <09:45> - 29:12 S sad [3] <10:15> - 38:15 <10:15>, 38:16 <10:15>, 38:17 sadness [1] <10:15> - 38:9 safe [5] <09:08> - 7:18 <09:09>, 7:19 <09:12>, 9:17 <10:17>, 39:15 <10:21>, 41:8 safely [2] <10:17> - 39:17 <10:19>, 40:9 Safety [1] <10:42> - 52:15 safety [10] <09:17> - 12:19 <09:29>, 20:2 Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 102 of 106 <09:30>, 20:4 <09:30>, 20:7 <09:30>, 20:9 <09:55>, 35:8 <10:17>, 39:12 <10:18>, 40:4 <10:43>, 52:18 <10:50>, 56:5 sail [2] <10:50> - 56:5 <14:43>, 82:20 sailing [1] <10:17> - 39:18 salaries [1] <09:51> - 33:3 salon [1] <10:17> - 39:13 Sandra [4] <10:17> - 39:19 <10:28>, 44:25 <10:33>, 47:18 <10:55>, 58:17 Sandy [3] <09:33> - 22:1 <11:05>, 64:21 <11:09>, 67:20 sat [8] <09:07> - 6:21 <09:22>, 15:17 <09:26>, 18:6 <09:46>, 29:20 <10:28>, 44:24 <10:52>, 57:4 <11:03>, 63:11 <11:03>, 63:21 Saturday [1] <10:27> - 44:12 save [2] <09:18> - 13:18 <10:59>, 61:9 saved [1] <09:19> - 14:2 saw [14] <09:07> - 6:22 <09:13>, 10:12 <09:20>, 14:18 <10:21>, 41:14 <10:25>, 43:17 <10:31>, 46:18 <10:32>, 47:8 <10:55>, 58:13 <11:01>, 62:6 <11:05>, 65:7 <11:09>, 67:18 <11:10>, 68:13 <11:14>, 71:11 SBA [1] <09:42> - 27:8 scenario [1] <09:14> - 10:20 scenarios [3] <09:14> - 10:19 <09:14>, 11:1 <09:14>, 11:5 scene [1] <11:10> - 68:8 schedule [1] <14:44> - 83:20 scheme [10] <09:42> - 27:20 <09:43>, 28:7 <09:44>, 28:18 <09:44>, 28:21 <09:44>, 28:22 <09:45>, 29:13 <09:50>, 32:2 <10:40>, 51:11 <10:47>, 54:17 science [1] <11:06> - 65:10 scoop [1] <11:11> - 69:12 Scott [1] <14:38> - 79:2 screen [2] <09:14> - 10:23 <09:23>, 16:8 scuba [13] <09:26> - 18:11 <09:30>, 20:14 <09:33>, 21:24 <09:35>, 23:7 <09:40>, 26:2 <09:41>, 26:22 <09:56>, 35:18 <10:43>, 52:19 <10:53>, 57:11 <10:58>, 60:19 <11:04>, 64:14 <11:04>, 64:16 <11:12>, 69:16 Scuba [7] <09:09> - 8:6 <09:24>, 16:19 <09:33>, 22:3 <09:49>, 31:17 <09:49>, 31:20 <09:51>, 32:17 <11:11>, 69:12 sea [4] <10:25> - 43:19 <10:32>, 47:2 <10:34>, 47:25 <10:49>, 56:4 seaman [4] <10:18> - 40:1 <10:28>, 45:1 <10:34>, 47:24 <10:49>, 56:3 seaman's [4] <09:10> - 8:19 <09:11>, 9:10 <10:16>, 39:4 <14:44>, 83:16 seamen [1] <10:34> - 47:25 Sean [24] <09:00> - 3:5 <09:01>, 3:15 <09:07>, 6:21 <09:07>, 7:3 <09:09>, 7:23 <09:17>, 12:14 <09:26>, 18:3 <09:26>, 18:8 <09:29>, 19:23 <09:30>, 20:4 <09:47>, 30:21 <10:46>, 54:8 <10:49>, 56:2 <10:54>, 57:24 <11:06>, 65:15 <11:15>, 71:19 <14:34>, 76:11 <14:34>, 76:13 <14:35>, 76:23 <14:35>, 77:1 <14:35>, 77:4 <14:36>, 77:7 seas [2] <09:49> - 31:24 <09:53>, 34:5 seasoned [1] <10:49> - 56:3 seated [8] <09:00> - 3:2 <09:01>, 3:18 <09:06>, 6:10 <09:06>, 6:11 <10:11>, 36:15 <14:31>, 75:9 <14:33>, 75:17 <14:40>, 80:9 seating [1] <14:38> - 79:8 seaworthiness [1] <09:18> - 13:5 second [19] <09:13> - 10:6 <09:13>, 10:13 <09:15>, 11:15 <09:19>, 14:5 <09:27>, 18:21 <09:28>, 19:2 <09:33>, 22:9 <09:39>, 25:13 <09:41>, 26:17 <09:51>, 32:22 <09:51>, 32:23 <09:53>, 33:25 <10:20>, 41:4 <10:26>, 44:6 <10:58>, 60:22 <11:01>, 62:12 <11:10>, 68:19 <11:11>, 68:20 <11:20>, 74:23 seconds [1] <10:48> - 55:17 sector [1] <10:42> - 52:14 secured [1] <10:41> - 51:21 SECURITY [3] <09:02> - 4:21 <09:04>, 6:6 <14:32>, 75:12 see [20] <09:02> - 4:9 <09:06>, 6:11 <09:07>, 7:1 <09:12>, 9:24 <09:13>, 10:16 <09:14>, 11:8 <09:25>, 17:16 <09:28>, 19:8 <09:42>, 27:15 <09:43>, 28:4 <10:29>, 45:21 <10:52>, 57:8 <10:57>, 59:24 <10:59>, 61:7 <11:00>, 61:18 <11:00>, 61:21 <11:11>, 69:6 <11:20>, 75:3 <14:44>, 83:19 <14:48>, 86:1 seeing [1] <10:24> - 43:5 seek [1] <10:26> - 43:21 seem [1] <09:54> - 34:22 segment [2] <09:52> - 33:6 <10:40>, 51:3 selected [3] <10:45> - 53:23 <10:45>, 54:1 send [1] <14:39> - 80:6 sensations [1] <11:06> - 65:16 sense [7] <09:18> - 13:8 <09:20>, 14:11 <09:23>, 16:1 <09:23>, 16:2 <11:00>, 61:20 <11:00>, 61:22 <11:12>, 69:25 sent [2] <09:40> - 26:9 <09:47>, 30:20 sentence [1] <14:45> - 84:6 sentencing [15] <14:40> - 80:18 <14:40>, 80:22 <14:42>, 81:25 <14:43>, 83:2 <14:44>, 83:7 <14:44>, 83:10 <14:44>, 83:12 <14:44>, 83:19 <14:45>, 84:4 <14:45>, 84:9 <14:45>, 84:11 <14:45>, 84:12 <14:46>, 84:23 <14:47>, 85:15 <14:47>, 85:23 separate [3] <09:14> - 10:19 <09:14>, 11:1 <10:33>, 47:11 separated [1] <10:48> - 55:11 separately [1] <09:14> - 11:2 September [2] <09:50> - 32:15 <10:26>, 44:8 serious [2] <10:37> - 49:20 <11:10>, 68:10 serve [2] <10:50> - 56:14 <11:00>, 61:23 Service [1] <09:01> - 3:10 service [1] <14:38> - 79:18 set [6] <09:57> - 36:6 <10:51>, 56:18 <11:18>, 73:14 <14:40>, 80:15 <14:47>, 85:15 several [2] <09:54> - 34:16 <10:47>, 55:2 shaft [3] <10:21> - 41:12 <10:21>, 41:17 <10:54>, 58:9 shall [1] <14:45> - 84:11 shambles [1] <09:47> - 30:22 share [2] <10:22> - 41:25 <10:48>, 55:10 shared [3] <10:18> - 39:20 <10:31>, 46:15 <10:44>, 53:14 sharp [1] <09:17> - 12:17 shifting [1] <14:37> - 78:18 shooting [2] <10:21> - 41:16 short [1] <14:45> - 84:2 shortchange [1] <09:03> - 5:18 shortcut [1] <10:15> - 38:13 shot [1] <10:21> - 41:11 show [10] <10:13> - 37:7 <10:13>, 37:9 <10:31>, 46:20 <10:40>, 51:12 <11:00>, 61:17 <11:13>, 70:12 <14:42>, 81:19 showed [7] <10:39> - 50:21 <10:42>, 52:5 <10:44>, 53:10 <10:45>, 53:25 <10:47>, 55:3 <10:47>, 55:7 <11:12>, 70:2 showing [4] <10:48> - 55:18 <10:53>, 57:12 <14:44>, 83:12 <14:46>, 84:18 shown [6] <09:11> - 9:7 <09:15>, 11:22 <09:32>, 21:9 <09:56>, 35:16 <10:12>, 36:21 <10:46>, 54:10 shows [4] <09:40> - 26:13 <09:40>, 26:14 <09:49>, 31:18 <11:14>, 71:12 shredded [2] <09:06> - 6:20 <09:30>, 20:13 shut [8] <09:10> - 8:14 <09:44>, 28:25 <09:44>, 29:1 <09:47>, 30:10 <09:47>, 30:16 <09:48>, 30:23 <09:48>, 31:7 <10:42>, 52:2 sic [1] <14:35> - 76:20 side [8] <09:04> - 6:4 <09:06>, 6:18 <09:20>, 14:7 <09:25>, 17:12 <09:26>, 18:5 <09:31>, 20:23 <10:33>, 47:12 <11:06>, 65:24 sign [3] <09:08> - 7:11 <09:08>, 7:12 signature [1] <09:34> - 22:23 signed [4] <10:18> - 40:6 <11:17>, 73:1 <14:36>, 103 77:9 <14:39>, 79:25 significant [2] <10:22> - 42:3 <10:35>, 48:19 significantly [1] <09:03> - 5:11 signs [2] <09:08> - 7:11 <09:09>, 7:24 similar [1] <10:22> - 42:4 simple [5] <09:34> - 22:20 <09:34>, 22:21 <11:05>, 65:2 <11:10>, 68:6 <11:13>, 70:19 simply [1] <10:28> - 45:8 single [5] <09:02> - 4:12 <09:28>, 19:15 <10:47>, 54:21 <10:59>, 61:3 <11:05>, 64:18 sitting [5] <09:21> - 15:1 <10:49>, 56:2 <10:54>, 57:23 <11:14>, 71:8 <11:14>, 71:9 situated [1] <09:21> - 15:3 situation [1] <11:03> - 63:22 six [3] <09:38> - 25:2 <09:38>, 25:10 <10:43>, 52:17 six-pack [3] <09:38> - 25:2 <09:38>, 25:10 <10:43>, 52:17 skilled [1] <10:18> - 39:25 skin [1] <10:59> - 61:9 slaughtered [1] <10:52> - 56:25 sliced [1] <09:30> - 20:14 slid [1] <09:22> - 15:24 slide [1] <09:11> - 9:3 slip [1] <10:41> - 51:14 small [2] <11:17> - 73:2 <14:39>, 79:25 Small [7] <09:10> - 8:10 <09:11>, 8:24 <09:41>, 27:2 <09:41>, 27:5 <09:44>, 28:22 <09:45>, 29:15 <09:46>, 29:25 snapped [1] <09:20> - 14:16 solicit [1] <10:18> - 39:22 someone [5] <09:35> - 23:7 <09:35>, 23:13 <09:44>, 28:20 <10:55>, 58:20 <11:08>, 66:18 sometimes [2] <10:57> - 60:3 <14:45>, 84:1 soon [1] <11:16> - 72:17 sorry [2] <09:51> - 32:21 <09:53>, 33:24 sort [2] <10:15> - 38:17 <10:16>, 39:3 Southern [23] <09:06> - 6:17 <09:09>, 7:20 <09:09>, 7:21 <09:09>, 8:5 <09:11>, 8:22 <09:12>, 9:24 <09:13>, 10:3 <09:16>, 12:1 <09:17>, 13:2 <09:29>, 19:18 <09:31>, 20:22 <09:32>, 21:20 <09:37>, 24:16 <09:41>, 26:20 <09:44>, 29:2 <09:49>, 31:15 <09:49>, 31:18 <10:17>, 39:10 <10:17>, 39:11 <10:35>, 48:12 <10:42>, 52:11 <14:38>, 79:22 speargun [12] <09:19> - 14:2 <10:19>, 40:12 <10:21>, 41:10 <10:21>, 41:15 <10:22>, 42:1 <10:22>, 42:3 <10:23>, 42:12 <10:24>, 43:5 Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 103 of 106 <10:25>, 43:11 <11:01>, 62:14 <11:01>, 62:18 spearguns [2] <10:24> - 43:9 <10:25>, 43:12 Special [1] <09:01> - 3:9 specific [3] <09:47> - 30:13 <09:54>, 34:13 <14:43>, 82:17 specifically [3] <09:11> - 9:5 <09:30>, 20:8 <10:43>, 53:2 speed [1] <10:38> - 50:10 spend [6] <09:13> - 10:4 <09:13>, 10:13 <09:44>, 28:15 <09:45>, 29:10 <09:50>, 32:13 <09:52>, 33:8 spent [6] <09:45> - 29:10 <09:45>, 29:12 <09:52>, 33:11 <10:17>, 39:11 <10:47>, 55:5 <14:41>, 81:13 spinning [4] <09:17> - 12:16 <09:20>, 14:16 <09:28>, 19:14 <09:55>, 35:3 stack [1] <09:01> - 4:4 staff [2] <10:41> - 51:22 <11:20>, 74:18 stake [1] <10:24> - 42:22 stakes [3] <09:24> - 16:24 <10:53>, 57:11 <10:55>, 58:24 stand [17] <09:07> - 6:21 <09:13>, 10:10 <09:26>, 18:9 <09:46>, 29:20 <09:48>, 31:12 <09:50>, 32:9 <10:18>, 40:6 <10:54>, 57:23 <10:56>, 59:6 <10:57>, 60:6 <10:59>, 60:25 <11:02>, 62:20 <11:02>, 63:1 <11:03>, 63:11 <11:05>, 64:23 <11:12>, 70:1 <11:13>, 70:12 standard [4] <09:32> - 21:12 <10:35>, 48:19 <10:53>, 57:15 <14:40>, 80:15 standing [1] <09:01> - 3:14 standpoint [1] <14:42> - 82:1 stands [1] <10:50> - 56:9 starboard [1] <10:33> - 47:12 start [6] <09:06> - 6:12 <09:11>, 9:10 <09:42>, 27:18 <10:20>, 40:22 <11:00>, 61:15 <11:01>, 62:4 started [3] <09:48> - 31:8 <10:33>, 47:9 <11:04>, 64:15 starters [1] <09:44> - 28:24 starting [1] <09:44> - 29:2 State [1] <09:52> - 33:14 state [2] <09:01> - 3:6 <09:43>, 28:13 statement [23] <09:10> - 8:21 <09:32>, 21:16 <09:32>, 21:19 <09:33>, 22:7 <09:33>, 22:9 <09:34>, 22:12 <09:34>, 22:13 <09:34>, 22:22 <09:34>, 22:24 <09:35>, 23:2 <09:35>, 23:3 <09:35>, 23:4 <09:35>, 23:15 <09:39>, 25:16 <09:39>, 25:22 <09:40>, 26:5 <09:40>, 26:12 <09:40>, 26:14 <09:41>, 26:19 <10:44>, 53:6 <10:52>, 57:7 <14:47>, 85:22 <14:47>, 85:23 statements [5] <10:24> - 43:2 <10:41>, 51:19 <10:47>, 54:18 <10:47>, 55:1 <10:47>, 55:7 States [14] <09:00> - 3:5 <09:01>, 3:9 <09:11>, 9:1 <09:24>, 16:18 <09:32>, 21:9 <09:34>, 22:14 <09:34>, 22:20 <09:56>, 36:2 <10:38>, 50:4 <10:42>, 52:14 <10:43>, 52:16 <10:44>, 53:8 <10:45>, 54:3 <14:34>, 76:10 statutory [1] <14:45> - 84:7 stay [4] <09:31> - 20:23 <09:42>, 27:11 <11:16>, 72:9 <11:21>, 75:5 stayed [1] <09:26> - 17:24 steering [4] <09:17> - 13:3 <10:26>, 44:7 <10:27>, 44:14 <10:29>, 45:14 Steib [1] <09:48> - 31:3 step [1] <09:18> - 13:10 Steve [1] <11:01> - 62:15 Steven [1] <09:33> - 21:25 Stiehl [2] <09:01> - 3:8 <11:20>, 74:20 STIEHL [4] <11:18> - 73:10 <11:19>, 73:22 <11:20>, 74:21 <11:20>, 75:2 still [11] <09:03> - 5:20 <09:56>, 35:19 <10:15>, 38:10 <10:16>, 38:20 <10:20>, 41:6 <10:35>, 48:20 <10:41>, 51:15 <10:57>, 60:5 <11:12>, 70:4 <11:12>, 70:5 <14:40>, 80:20 stipulation [1] <09:12> - 9:25 stipulations [2] <09:43> - 28:10 <09:43>, 28:11 stopped [1] <09:42> - 27:10 stories [1] <10:59> - 61:2 story [7] <10:16> - 39:8 <10:47>, 54:24 <10:48>, 55:19 <10:49>, 55:21 <11:07>, 66:11 <11:08>, 67:9 stow [1] <10:24> - 43:6 straightforward [1] <09:25> - 17:11 stricken [1] <10:52> - 56:25 strictly [1] <10:45> - 54:2 strike [1] <09:55> - 35:4 strong [2] <14:41> - 81:2 <14:43>, 82:20 struck [1] <10:52> - 56:24 struggling [1] <11:12> - 69:14 stuck [1] <11:02> - 63:6 study [1] <09:23> - 16:12 stuff [2] <11:01> - 62:10 <11:11>, 68:25 subject [2] <09:37> - 24:16 <11:10>, 68:7 submit [5] <09:55> - 35:14 <09:55>, 35:15 <11:02>, 62:24 <11:09>, 67:16 <11:14>, 71:15 submitted [4] <09:50> - 32:7 <09:50>, 32:12 <09:51>, 32:25 <10:42>, 52:7 substantial [4] <10:24> - 43:2 <10:35>, 48:21 <10:39>, 50:16 <10:44>, 53:12 substantiates [1] <10:29> - 45:22 substantive [1] <14:44> - 83:16 successfully [2] <10:33> - 47:16 <10:47>, 54:20 sucked [8] <09:06> - 6:17 <09:19>, 13:25 <09:20>, 14:15 <09:26>, 18:5 <09:26>, 18:8 <11:06>, 65:12 <11:06>, 65:19 <11:06>, 65:21 sucking [2] <09:27> - 18:13 <11:06>, 65:24 suffered [1] <10:52> - 57:3 sufficient [2] <09:27> - 18:24 <09:28>, 19:3 suggested [4] <10:22> - 42:5 <10:26>, 44:7 <11:01>, 62:5 <11:02>, 63:4 suggesting [1] <11:13> - 70:24 summoning [1] <10:32> - 46:24 superficial [4] <10:37> - 49:22 <10:38>, 49:25 <10:38>, 50:7 <10:39>, 50:13 superior [1] <09:24> - 16:17 supplied [1] <10:45> - 53:19 support [2] <09:51> - 32:25 <10:24>, 43:2 supported [1] <09:45> - 29:8 supports [1] <10:46> - 54:13 supposed [5] <10:56> - 59:16 <11:00>, 61:19 <11:01>, 62:17 <14:43>, 83:5 surrounding [3] <10:39> - 50:16 <10:39>, 50:20 <14:44>, 83:14 survived [1] <10:38> - 50:2 swears [1] <11:11> - 68:24 swore [2] <11:10> - 68:5 system [5] <09:32> - 21:14 <10:33>, 47:11 <10:50>, 56:9 <14:38>, 79:19 <14:38>, 79:21 T tablet [2] <11:20> - 74:19 <11:20>, 74:22 talks [2] <09:44> - 28:14 <11:08>, 66:21 Tanner [1] <09:01> - 3:8 tasked [1] <09:10> - 8:11 tax [9] <09:45> - 29:8 <09:50>, 32:7 <09:51>, 32:25 <11:09>, 67:10 <11:12>, 70:2 <11:12>, 70:4 <11:13>, 70:9 <11:13>, 70:16 <11:13>, 70:18 taxes [2] <09:51> - 33:4 <11:13>, 70:10 technical [1] <10:14> - 38:1 term [1] <09:38> - 25:2 terms [2] <09:15> - 11:11 <14:42>, 81:24 104 Terrence [1] <09:01> - 3:14 test [3] <10:51> - 56:19 testament [1] <10:50> - 56:14 testified [52] <09:13> - 10:11 <09:19>, 14:3 <09:20>, 14:14 <09:26>, 18:10 <09:38>, 25:4 <09:54>, 34:23 <09:56>, 35:21 <10:16>, 39:7 <10:17>, 39:19 <10:18>, 39:20 <10:18>, 40:3 <10:19>, 40:12 <10:20>, 40:20 <10:20>, 41:1 <10:21>, 41:17 <10:22>, 42:3 <10:25>, 43:10 <10:26>, 44:1 <10:28>, 44:24 <10:28>, 45:3 <10:29>, 45:11 <10:30>, 46:1 <10:30>, 46:9 <10:31>, 46:16 <10:32>, 47:6 <10:33>, 47:9 <10:33>, 47:17 <10:33>, 47:18 <10:34>, 48:5 <10:37>, 49:21 <10:38>, 49:24 <10:38>, 50:3 <10:39>, 50:24 <10:40>, 51:2 <10:40>, 51:6 <10:40>, 51:13 <10:41>, 51:18 <10:41>, 51:24 <10:42>, 52:12 <10:42>, 52:13 <10:43>, 52:16 <10:43>, 53:2 <10:47>, 55:2 <10:47>, 55:6 <11:01>, 62:7 <11:01>, 62:11 <11:01>, 62:13 <11:07>, 66:10 <11:08>, 67:4 <11:09>, 67:14 <11:11>, 69:13 <11:14>, 71:11 testifies [1] <11:12> - 69:19 testify [4] <09:54> - 34:15 <09:56>, 35:19 <10:20>, 40:20 <11:12>, 70:4 testifying [2] <10:30> - 46:2 <10:55>, 58:18 testimony [43] <09:03> - 5:16 <09:21>, 14:19 <09:22>, 15:17 <09:23>, 16:12 <09:26>, 18:6 <09:28>, 19:5 <09:30>, 20:11 <09:36>, 23:20 <09:36>, 24:4 <09:38>, 24:21 <09:38>, 24:24 <09:39>, 26:1 <09:41>, 27:4 <10:13>, 37:14 <10:19>, 40:10 <10:19>, 40:16 <10:21>, 41:9 <10:21>, 41:13 <10:23>, 42:13 <10:24>, 42:25 <10:24>, 43:4 <10:26>, 44:5 <10:30>, 46:4 <10:31>, 46:12 <10:36>, 48:22 <10:36>, 48:23 <10:37>, 49:16 <10:37>, 49:23 <10:44>, 53:4 <10:47>, 54:20 <10:49>, 55:22 <10:49>, 55:23 <10:56>, 59:8 <10:57>, 60:4 <10:58>, 60:12 <10:59>, 61:6 <11:02>, 62:25 <11:03>, 63:17 <11:04>, 64:6 <11:11>, 68:24 <11:13>, 70:21 <11:15>, 71:16 testing [3] <09:06> - 6:16 <10:30>, 46:10 tests [1] <09:23> - 16:10 text [6] <09:25> - 17:17 <09:25>, 17:18 <09:40>, 26:8 <09:47>, 30:20 <09:47>, 30:22 texted [2] <09:20> - 14:6 <09:25>, 17:14 THE [77] <09:00> - 3:2 <09:01>, 3:11 <09:01>, 3:17 <09:01>, 3:20 <09:01>, 4:2 <09:02>, 4:8 <09:02>, 4:15 <09:02>, 4:18 <09:02>, 4:22 <09:03>, 4:25 <09:03>, 5:3 <09:03>, 5:5 <09:03>, 5:11 <09:03>, 5:18 <09:04>, 5:25 <09:04>, 6:3 <09:06>, 6:10 <09:52>, 33:6 <09:57>, 36:4 <09:57>, 36:10 <10:10>, 36:13 <10:11>, 36:15 <10:50>, 56:16 <10:52>, 56:21 <11:11>, 69:8 <11:15>, 71:22 <11:18>, 73:8 <11:18>, 73:12 <11:19>, 73:20 <11:19>, 73:25 <11:19>, 74:3 <11:19>, 74:7 <11:20>, 74:15 <11:20>, 74:17 <11:20>, 74:24 <11:21>, 75:4 <14:31>, 75:9 <14:32>, 75:13 <14:33>, 75:17 <14:33>, Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 104 of 106 75:21 <14:33>, 75:23 <14:33>, 75:25 <14:36>, 77:11 <14:36>, 77:15 <14:36>, 77:18 <14:36>, 77:21 <14:36>, 77:24 <14:36>, 78:2 <14:37>, 78:5 <14:37>, 78:9 <14:37>, 78:14 <14:37>, 78:18 <14:37>, 78:22 <14:38>, 78:24 <14:38>, 79:2 <14:38>, 79:5 <14:38>, 79:8 <14:38>, 79:12 <14:38>, 79:16 <14:39>, 80:5 <14:40>, 80:9 <14:41>, 81:11 <14:42>, 81:24 <14:42>, 82:6 <14:42>, 82:8 <14:42>, 82:12 <14:44>, 83:8 <14:45>, 84:16 <14:46>, 84:21 <14:46>, 85:1 <14:46>, 85:3 <14:47>, 85:7 <14:47>, 85:10 <14:47>, 85:13 <14:47>, 85:15 <14:48>, 86:4 <14:48>, 86:8 themselves [1] <09:53> - 33:22 theories [4] <09:15> - 11:22 <09:17>, 12:21 <09:25>, 17:11 <09:27>, 18:23 theory [7] <09:12> - 9:20 <09:16>, 12:3 <09:25>, 17:9 <09:27>, 18:21 <09:28>, 18:25 <10:22>, 41:20 <10:36>, 49:1 thinking [1] <11:14> - 71:10 third [6] <09:13> - 10:15 <09:32>, 21:8 <09:32>, 21:9 <09:33>, 22:10 <10:59>, 61:10 <11:04>, 64:15 thorough [1] <10:30> - 46:10 thoroughly [1] <10:12> - 37:1 thoughts [1] <10:18> - 39:20 threat [1] <09:28> - 19:15 threatening [2] <10:37> - 49:22 <10:38>, 49:25 three [14] <09:15> - 11:22 <09:15>, 11:23 <09:17>, 12:21 <09:25>, 17:11 <09:31>, 21:4 <09:41>, 26:24 <09:44>, 28:16 <10:47>, 55:3 <10:47>, 55:4 <10:48>, 55:8 <11:10>, 68:18 <11:15>, 72:5 <14:44>, 83:15 <14:44>, 83:21 throughout [2] <10:46> - 54:10 <11:16>, 72:16 throw [5] <10:59> - 61:8 <11:02>, 62:25 <11:03>, 63:13 <11:08>, 66:23 <11:14>, 71:15 thrown [1] <09:21> - 15:5 ticketed [1] <10:30> - 45:24 ties [2] <14:41> - 81:2 <14:43>, 82:20 tight [1] <09:02> - 4:19 timeline [1] <09:47> - 30:19 timing [2] <09:42> - 27:11 <09:47>, 30:15 tips [1] <11:12> - 69:17 today [17] <09:06> - 6:12 <09:11>, 8:25 <09:11>, 9:4 <09:11>, 9:8 <09:33>, 21:22 <10:12>, 36:19 <10:12>, 36:24 <10:15>, 38:6 <10:15>, 38:9 <10:15>, 38:16 <10:15>, 38:17 <10:24>, 42:23 <10:34>, 48:1 <11:06>, 65:15 <14:41>, 81:4 <14:43>, 83:1 today's [2] <14:44> - 83:21 <14:46>, 84:24 together [1] <09:34> - 22:15 token [2] <11:17> - 73:2 <14:39>, 79:25 tomorrow [3] <09:25> - 17:16 <09:25>, 17:22 took [26] <09:09> - 7:24 <09:09>, 8:7 <09:13>, 10:10 <09:16>, 12:6 <09:16>, 12:9 <09:23>, 16:13 <09:23>, 16:14 <09:24>, 16:19 <09:26>, 18:8 <09:27>, 18:20 <09:28>, 19:8 <09:33>, 22:1 <09:39>, 25:11 <09:42>, 27:14 <09:48>, 31:12 <09:50>, 32:9 <10:15>, 38:8 <10:24>, 43:6 <10:35>, 48:17 <10:38>, 50:3 <10:59>, 60:25 <11:02>, 62:20 <11:02>, 63:1 <11:12>, 70:1 <11:14>, 71:4 toolbox [1] <14:43> - 83:4 tools [1] <14:43> - 83:4 tooth [1] <14:41> - 81:16 top [1] <09:14> - 10:23 Tops [2] <09:13> - 10:10 <10:52>, 57:2 total [1] <10:39> - 50:23 totality [1] <10:49> - 56:1 totally [1] <09:16> - 12:2 towards [1] <09:22> - 15:12 tracks [1] <09:42> - 27:11 traded [1] <09:48> - 31:3 tragedy [3] <10:16> - 38:24 <10:16>, 39:4 <10:52>, 56:23 tragic [9] <09:08> - 7:10 <10:14>, 37:21 <10:14>, 38:2 <10:15>, 38:8 <10:15>, 38:15 <10:42>, 52:2 <10:46>, 54:11 <10:50>, 56:13 <10:52>, 56:23 trainer [1] <10:41> - 51:25 transmitted [2] <09:43> - 28:5 <09:43>, 28:6 transom [1] <09:20> - 14:15 transparent [1] <10:49> - 55:22 transpired [2] <10:14> - 38:3 <10:49>, 55:24 transportation [1] <14:42> - 81:22 trial [10] <09:02> - 4:16 <09:08>, 7:6 <09:33>, 21:23 <09:43>, 28:9 <09:56>, 35:17 <10:46>, 54:10 <11:15>, 72:6 <11:16>, 72:16 <14:41>, 81:9 <14:48>, 85:25 tried [2] <10:24> - 43:5 <10:24>, 43:6 trip [4] <09:39> - 25:11 <10:18>, 40:2 <10:27>, 44:20 <11:04>, 64:16 trips [2] <10:17> - 39:16 <10:44>, 53:14 trotted [1] <11:07> - 66:9 true [20] <09:33> - 22:9 <09:42>, 27:13 <10:29>, 45:10 <10:39>, 50:16 <11:13>, 70:20 <14:34>, 76:7 <14:36>, 77:13 <14:36>, 77:16 <14:36>, 77:19 <14:36>, 77:22 <14:36>, 77:25 <14:37>, 78:3 <14:37>, 78:11 <14:37>, 78:15 <14:37>, 78:19 <14:38>, 78:25 <14:38>, 79:2 <14:38>, 79:5 <14:38>, 79:13 <14:47>, 85:19 trust [2] <09:21> - 14:20 <09:31>, 21:1 trusted [2] <10:20> - 41:7 <10:34>, 47:25 truth [10] <09:28> - 19:10 <09:54>, 34:20 <09:54>, 34:21 <09:55>, 35:1 <10:14>, 38:4 <10:50>, 56:9 <10:58>, 60:17 <10:58>, 60:23 <11:14>, 71:7 <11:15>, 71:17 truthful [1] <09:55> - 35:4 truths [2] <11:05> - 64:25 <11:08>, 67:6 try [3] <09:02> - 4:11 <09:22>, 15:15 <09:31>, 20:24 trying [6] <09:07> - 6:24 <09:39>, 25:19 <09:42>, 27:10 <10:56>, 59:12 <10:59>, 61:9 Tucker [2] <14:37> - 78:14 <14:37>, 78:15 tugboat [1] <10:29> - 45:12 turn [3] <09:22> - 15:13 <09:22>, 15:22 <10:21>, 41:12 TV [1] <10:57> - 60:2 twice [2] <09:34> - 22:25 <10:23>, 42:21 two [12] <09:14> - 10:19 <09:14>, 11:1 <09:19>, 13:25 <09:30>, 20:4 <09:34>, 22:15 <09:47>, 30:19 <09:48>, 30:25 <09:50>, 32:14 <09:54>, 34:10 <10:54>, 57:23 <11:05>, 64:17 <11:07>, 66:12 type [3] <09:42> - 27:6 <10:58>, 60:11 <10:58>, 60:12 types [1] <10:57> - 59:25 U U.S [1] <14:48> - 86:8 ultimately [1] <10:43> - 52:23 unable [1] <10:48> - 55:13 unanimous [1] <14:33> - 75:23 unanimously [6] <14:34> - 76:12 <14:35>, 76:22 <14:35>, 76:25 <14:35>, 77:1 <14:35>, 77:3 <14:36>, 77:6 unavailable [1] <10:35> - 48:13 under [19] <09:15> - 11:13 <09:17>, 12:17 <09:19>, 13:25 <09:20>, 14:9 <09:20>, 14:15 <09:26>, 18:8 <09:27>, 18:13 <09:28>, 19:14 <09:49>, 31:20 <09:55>, 35:3 <10:52>, 57:2 <10:54>, 58:8 <11:05>, 64:24 <11:06>, 65:12 <11:06>, 65:25 <14:40>, 80:15 <14:40>, 80:24 <14:41>, 81:6 underlined [1] <11:00> - 61:20 undermines [2] <10:36> - 49:6 <10:36>, 49:11 underneath [2] <09:06> - 6:17 <09:26>, 18:5 understood [1] <10:45> - 54:2 underwent [1] <10:44> - 53:13 undisputed [1] <10:31> - 46:19 105 unfolded [1] <09:18> - 13:6 unfortunate [1] <10:46> - 54:14 uniform [1] <09:48> - 31:11 uninspected [1] <10:43> - 52:18 unintended [1] <09:17> - 13:3 United [14] <09:00> - 3:5 <09:01>, 3:9 <09:11>, 9:1 <09:24>, 16:18 <09:32>, 21:9 <09:34>, 22:14 <09:34>, 22:20 <09:56>, 36:2 <10:38>, 50:4 <10:42>, 52:14 <10:43>, 52:16 <10:44>, 53:8 <10:45>, 54:3 <14:34>, 76:10 unlawfully [1] <10:40> - 51:11 unlike [1] <10:59> - 61:11 unpleasant [1] <10:16> - 38:19 untrue [3] <09:35> - 23:4 <09:35>, 23:5 unusual [1] <10:19> - 40:8 up [30] <09:06> - 6:18 <09:21>, 15:1 <09:21>, 15:3 <09:21>, 15:4 <09:38>, 25:6 <09:48>, 31:5 <09:48>, 31:8 <09:51>, 32:24 <09:57>, 36:6 <10:24>, 43:7 <10:46>, 54:11 <10:51>, 56:19 <10:52>, 57:1 <10:54>, 58:6 <10:57>, 60:5 <10:58>, 60:17 <10:58>, 60:21 <11:00>, 61:22 <11:01>, 62:16 <11:02>, 62:21 <11:02>, 63:6 <11:03>, 63:11 <11:03>, 63:13 <11:05>, 64:23 <11:06>, 65:11 <11:06>, 65:15 <11:07>, 66:11 <11:08>, 66:14 <11:08>, 67:9 updated [1] <10:43> - 53:3 upgrade [1] <10:17> - 39:13 uphold [1] <09:24> - 17:5 urge [2] <10:24> - 43:7 <10:49>, 55:25 utilities [1] <10:41> - 51:14 utterly [1] <09:12> - 9:18 V verdict [42] <09:41> - 26:23 <09:56>, 35:23 <09:56>, 35:24 <09:56>, 36:1 <09:56>, 36:2 <14:31>, 75:10 <14:33>, 75:18 <14:33>, 75:23 <14:33>, 76:1 <14:34>, 76:5 <14:34>, 76:7 <14:34>, 76:8 <14:34>, 76:11 <14:36>, 77:12 <14:36>, 77:13 <14:36>, 77:15 <14:36>, 77:16 <14:36>, 77:18 <14:36>, 77:19 <14:36>, 77:21 <14:36>, 77:22 <14:36>, 77:24 <14:36>, 77:25 <14:36>, 78:2 <14:37>, 78:3 <14:37>, 78:11 <14:37>, 78:12 <14:37>, 78:15 <14:37>, 78:16 <14:37>, 78:19 <14:37>, 78:20 <14:38>, 78:24 <14:38>, 78:25 <14:38>, 79:2 <14:38>, 79:3 <14:38>, 79:5 <14:38>, 79:6 <14:38>, 79:13 <14:38>, 79:14 <14:40>, 80:10 <14:40>, 80:12 <14:40>, 80:20 verified [1] <10:20> - 40:23 verify [2] <10:12> - 37:2 <10:42>, 52:15 versa [1] <09:28> - 19:1 versus [1] <09:03> - 4:25 Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 105 of 106 Vessel [1] <09:36> - 23:22 vessel [62] <09:08> - 7:17 <09:08>, 7:18 <09:12>, 9:17 <09:13>, 10:5 <09:14>, 10:23 <09:16>, 12:6 <09:17>, 13:1 <09:18>, 13:11 <09:18>, 13:12 <09:19>, 14:1 <09:20>, 14:8 <09:20>, 14:16 <09:21>, 15:2 <09:21>, 15:3 <09:22>, 15:10 <09:22>, 15:13 <09:22>, 15:18 <09:22>, 15:20 <09:25>, 17:8 <09:26>, 17:25 <09:27>, 18:18 <09:28>, 19:15 <09:30>, 20:10 <09:31>, 20:22 <09:31>, 21:1 <09:33>, 21:23 <09:33>, 21:25 <09:33>, 22:4 <09:33>, 22:8 <09:34>, 22:22 <09:34>, 22:25 <09:37>, 24:13 <09:38>, 25:3 <09:39>, 25:11 <09:39>, 26:1 <09:40>, 26:6 <09:40>, 26:13 <09:53>, 34:5 <10:17>, 39:17 <10:18>, 39:24 <10:18>, 40:3 <10:25>, 43:10 <10:26>, 43:24 <10:27>, 44:20 <10:28>, 45:1 <10:32>, 47:8 <10:33>, 47:15 <10:34>, 47:24 <10:35>, 48:12 <10:35>, 48:18 <10:36>, 49:10 <10:37>, 49:13 <10:42>, 52:13 <10:43>, 52:25 <10:43>, 53:2 <10:45>, 53:17 <10:45>, 53:24 <14:34>, 76:15 <14:35>, 76:17 <14:35>, 76:18 <14:42>, 81:23 vessel's [2] <09:18> - 13:5 <10:35>, 48:21 vessels [5] <09:37> - 24:9 <09:37>, 24:10 <09:37>, 24:11 <10:43>, 52:19 vice [1] <09:28> - 19:1 victim [1] <14:47> - 85:20 video [1] <11:20> - 74:22 viewed [1] <11:20> - 74:25 violated [1] <10:16> - 39:1 violation [3] <09:31> - 20:18 <14:35>, 76:20 <14:41>, 81:1 violent [1] <14:41> - 81:10 virtuous [1] <09:42> - 27:13 visit [1] <14:48> - 86:6 voltage [1] <09:28> - 19:6 voluntarily [1] <09:39> - 25:17 W waded [1] <09:22> - 15:15 wages [1] <09:51> - 33:3 waiting [1] <09:01> - 3:20 waivers [1] <10:18> - 40:6 walked [2] <09:56> - 35:19 <09:56>, 35:21 Walker [3] <09:36> - 23:21 <09:36>, 24:5 <11:09>, 67:22 Walker's [1] <09:38> - 24:21 wants [1] <10:29> - 45:16 warn [5] <09:17> - 12:20 <09:28>, 19:2 <09:29>, 19:19 <09:31>, 21:6 <11:04>, 64:11 warned [2] <09:31> - 20:19 <09:31>, 21:3 warning [4] <09:04> - 6:4 <09:17>, 12:18 <09:30>, 20:12 warnings [1] <10:36> - 49:8 water [15] <09:06> - 6:19 <09:18>, 13:12 <09:21>, 15:2 <09:22>, 15:15 <09:26>, 18:7 <09:27>, 18:13 <09:30>, 20:15 <09:31>, 20:25 <09:44>, 29:2 <09:49>, 31:21 <09:52>, 33:15 <10:33>, 47:10 <10:52>, 57:2 <11:06>, 65:20 waves [2] <10:37> - 49:17 <10:38>, 50:5 ways [3] <09:15> - 11:23 <09:16>, 12:1 <09:31>, 21:4 website [1] <11:08> - 66:15 week [24] <09:02> - 4:17 <09:55>, 35:9 <10:12>, 36:19 <10:15>, 38:10 <10:17>, 39:19 <10:19>, 40:11 <10:31>, 46:16 <10:52>, 57:5 <10:54>, 58:6 <10:55>, 58:13 <10:58>, 60:13 <10:58>, 60:17 <10:59>, 61:12 <11:00>, 62:3 <11:01>, 62:6 <11:02>, 63:1 <11:06>, 65:15 <11:09>, 67:14 <11:11>, 69:13 <11:17>, 73:3 <14:38>, 79:18 <14:47>, 85:5 week's [1] <11:14> - 71:11 weekend [1] <14:48> - 86:7 wetsuit [3] <09:06> - 6:20 <09:29>, 19:20 <09:30>, 20:13 whatsoever [5] <09:02> - 4:17 <09:17>, 12:18 <09:23>, 16:1 <09:29>, 19:23 <14:41>, 81:1 Whereas [1] <11:10> - 68:10 whereas [1] <09:37> - 24:11 whole [7] <09:07> - 6:22 <09:07>, 7:3 <09:33>, 22:4 <09:42>, 27:9 <09:49>, 32:1 <10:48>, 55:19 <11:01>, 62:5 wife [4] <09:50> - 32:9 <09:56>, 35:20 <10:48>, 55:9 <10:58>, 60:18 Wildlife [1] <10:57> - 59:19 Willems [2] <14:38> - 79:11 <14:38>, 79:13 willful [1] <09:39> - 25:15 willfully [1] <09:33> - 22:11 Willfully [1] <09:39> - 25:16 willfulness [1] <09:40> - 26:14 willing [1] <14:38> - 79:20 wind [1] <10:37> - 49:17 wire [9] <09:11> - 8:23 <09:41>, 26:25 <09:43>, 28:6 <10:39>, 50:19 <11:08>, 66:24 <11:10>, 68:16 <11:10>, 68:18 <14:44>, 83:16 wish [5] <14:45> - 84:8 <14:45>, 84:16 <14:47>, 85:19 <14:47>, 85:21 <14:47>, 85:23 witness [24] <09:07> - 6:21 <09:08>, 7:15 <09:08>, 7:16 <09:19>, 13:24 <09:33>, 21:22 <09:54>, 34:18 <09:54>, 34:20 <09:56>, 35:17 <10:18>, 40:6 <10:22>, 41:25 <10:28>, 44:22 <10:31>, 46:15 <10:32>, 47:6 <10:36>, 49:3 <10:56>, 59:6 <10:57>, 60:4 <10:58>, 60:16 <10:59>, 61:10 <11:00>, 62:3 <11:01>, 62:7 <11:08>, 67:8 <11:13>, 70:14 witness/exhibit [1] <09:01> - 3:25 witnesses [19] <09:21> - 14:23 <09:21>, 15:6 <09:35>, 23:9 <09:54>, 34:14 <09:55>, 35:9 <09:55>, 35:11 <10:13>, 37:15 <10:30>, 46:6 <10:34>, 48:4 <10:34>, 48:6 <10:54>, 58:6 <10:55>, 58:12 <10:58>, 60:11 <10:58>, 60:22 <10:59>, 61:4 <10:59>, 61:11 <11:03>, 63:15 <11:05>, 65:7 witnesses' [1] <10:26> - 44:5 women [1] <10:34> - 47:25 word [4] <09:16> - 12:13 <09:17>, 12:14 <09:43>, 27:24 <14:42>, 82:13 words [5] <09:02> - 4:9 <09:14>, 11:8 <09:22>, 15:19 <09:48>, 30:24 <09:48>, 30:25 works [1] <09:36> - 23:21 world [1] <10:57> - 60:2 worry [1] <11:14> - 71:1 worth [2] <09:41> - 27:3 <11:14>, 71:11 Worth [1] <10:42> - 52:15 wounds [5] <09:13> - 10:11 <10:37>, 49:22 <10:38>, 49:24 <10:38>, 50:11 <10:39>, 50:13 wrapping [1] <10:54> - 58:9 write [1] <09:18> - 13:15 written [2] <09:18> - 13:14 <10:53>, 57:14 wrongdoing [1] <10:25> - 43:14 Y year [1] <10:48> - 55:11 years [15] <09:09> - 8:7 <09:24>, 16:20 <09:35>, 23:8 <09:35>, 23:11 <09:35>, 23:15 <10:17>, 39:18 <10:41>, 51:23 <10:49>, 56:4 <10:56>, 59:8 <11:06>, 65:13 <11:09>, 67:19 <14:40>, 80:23 <14:40>, 80:25 <14:41>, 81:7 <14:42>, 82:2 yesterday [18] <09:14> - 11:3 <09:20>, 14:14 <09:29>, 19:25 <09:54>, 34:13 <09:54>, 34:16 <10:12>, 36:25 <10:13>, 37:15 <10:16>, 39:7 <10:44>, 53:4 <10:45>, 53:22 <10:48>, 55:16 <10:54>, 58:7 <10:59>, 61:6 <11:01>, 62:11 <11:02>, 62:20 <11:07>, 66:11 <11:14>, 71:8 young [1] <10:23> - 42:13 yourself [3] <09:44> - 28:15 <10:16>, 38:20 <10:25>, 43:17 106 Z Zachary [1] <09:01> - 3:7 zero [4] <09:50> - 32:5 <09:53>, 33:21 <14:43>, 82:15 <14:43>, 82:22 Case 9:24-cr-80103-AMC Document 114 Entered on FLSD Docket 05/09/2025 Page 106 of 106
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