Court filing
Information - United States v. Maurice Fayne related docket
Record facts
| Court | U.S. District Court for the Northern District of Georgia |
|---|---|
| Filed | 2021-10-18 |
U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00228-MHC-JKL · Doc. 246 · 2021-10-18 · Docket on CourtListener
Summary
Transcript of the September 14, 2021 sentencing hearing in United States v. Maurice Fayne, No. 1:20-cr-00228-MHC-JKL, before U.S. District Judge Mark H. Cohen of the U.S. District Court for the Northern District of Georgia, filed October 18, 2021 as Document 246. The hearing follows Fayne's guilty plea to conspiracy to commit wire fraud, wire fraud, bank fraud and making a false statement to a financial institution. The court calculates a total offense level of 34 and criminal history category IV, for a custody guideline range of 210 to 262 months, and a restitution amount of $4,465,865.55. The court states that the defendant fraudulently obtained a PPP loan from United Community Bank in an amount over $2 million and that the plea agreement calls for the government to recommend 151 months. The 53-page transcript closes with the court reporter's certificate.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
United States of America,
vs. Docket No.
1:20-cr-00228-MHC-JKL
Maurice Fayne,
Defendant.
TRANSCRIPT OF CHANGE OF SENTENCING HEARING
BEFORE THE HONORABLE MARK H. COHEN
UNITED STATES DISTRICT COURT JUDGE
TUESDAY, SEPTEMBER 14, 2021
Appearance of Counsel:
For the Plaintiff: John Russell Phillips, Esq.
Assistant United States Attorney
For the Defendant: Saraliene Durrett, Esq.
Saraliene Smith Durrett, LLC
Judith M. Wolff, CRR
Official Court Reporter
1914 United States Courthouse
75 Ted Turner Drive, S.W.
Atlanta, Georgia 30303
judith_wolff@gand.uscourts.gov
STENOGRAPHICALLY REPORTED, COMPUTER-AIDED TRANSCRIPT
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(Court was called to order at 10:04 a.m.)
THE COURT: Please be seated.
This is the case of United States of America vs.
Maurice Fayne, Criminal Indictment No. 20-cr-228-1.
Will counsel for the parties please identify
themselves for the record.
MR. PHILLIPS: Good morning, your Honor. Russell
Phillips, for the United States.
Your Honor, I have with me two special agents. I
have Sara Oliver from the SBA OIG, and Monica Staeva from the
FBI.
And Stephanie Schuessler is here from Probation.
THE COURT: Morning, Mr. Phillips.
MS. DURRETT: Morning, your Honor. Saraliene
Durrett, on behalf of Mr. Fayne.
THE COURT: Morning, Ms. Durrett.
This is a sentencing hearing following the
defendant's plea of guilty to Count 1 of the criminal
indictment, charging him with the offense of conspiracy to
commit wire fraud in violation of 18 United States Code
Sections 1343 and 1349;
Counts 2 through 4 of the indictment, charging him
with the offense of wire fraud in violation of 18 United
States Code Section 1343;
Count 5 of the indictment charging him with the
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offense of bank fraud in violation of 18 United States Code
Section 1344;
And Count 6 of the indictment, charging him with the
offense of making a false statement to a financial institution
in violation of 18 United States Code Section 1014.
In accordance with Rule 32 of the Federal Rules of
Criminal Procedure, the United States Probation office has
conducted a presentence investigation and prepared a
presentence report, a copy of which has been provided to both
the government and the defendant.
Ms. Durrett, have you and the defendant had an
opportunity read and discuss the presentence report?
MS. DURRETT: We have, your Honor.
THE COURT: All right. It appears from the record
there are no objections to the findings of fact and
conclusions of law in the presentence report on behalf of the
government; is that correct, Mr. Phillips?
MR. PHILLIPS: It is, your Honor.
THE COURT: And the same is true on behalf of the
defendant; is that correct, Ms. Durrett?
MS. DURRETT: Yes. We've made a few clarifications,
but no objections. Thank you.
THE COURT: Very good.
I will adopt the findings of fact and conclusions of
law in the presentence report as to which no objections have
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been made.
My guideline calculations are as follows using the
2018 edition of the guidelines manual:
First, as stated in paragraph 114 of the presentence
report, under Section 3D1.2(d) of the guidelines, all counts
involving substantially the same harm shall be grouped
together into a single group when the offense level is
determined largely on the basis of the total amount of loss.
So all of the counts in this case are grouped together.
As set forth in paragraph 115 of the presentence
report, the appropriate guideline for a violation of 18 United
States Code Section 1349 is found in Section 2X1.1 of the
guidelines which instructs, under subsection (a), to apply the
base offense level from the guideline for the substantive
offense, plus any adjustments from such guideline for any
intended offense conduct.
Substantive offense is wire fraud under 18 United
States Code Section 1343, and the applicable guideline section
is Section 2B1.1, which is the same guideline section that
applies to violations of 18 United States Code Section 1344
and 1014.
Under Section 2B1.1(a)(1), because the offense of
conviction has a statutory maximum term of imprisonment of at
least 20 years, the base offense level is 7.
As set forth in paragraph 116 of the presentence
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report, pursuant to Section 2B1.1(b)(1)(J), 18 levels are
added to the base offense level because the loss amount is
greater than $3.5 million and less than $9.5 million.
The parties have agreed that the actual loss in this
case is within this guideline calculation.
And as the Court will say later on, the Court has
reviewed the information in the presentence report and it
appears that there is at least $4.4 million of restitution
that's going to be ordered by the Court, which falls within
that guideline.
As set forth in paragraph 117 of the presentence
report, pursuant to Section 2B1.1(b)(2)(A)(i), two levels are
added to the base offense level because the offense resulted
in substantial hardship to one or more victims and/or involved
ten or more victims.
The evidence in this case shows that the offense
involved at least 20 victims, causing at least one victim to
file for bankruptcy and incurring hardship on many victims in
this case.
As set forth in paragraph 118 of the presentence
report, pursuant to Section 2B1.1(b)(1)(10)(A), two levels are
added -- I'm sorry. Did I say (b)(1)? I think it's (b)10(A).
2B1.1(b)(10)(A), two levels are added because the
offense resulted in -- I'm sorry. I already did that one.
So, let's see.
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I got my numbers confused here. Let me clarify here.
So 117 is 2B1.1(b)(2)(A)(i). That's the substantial
hardship to the victims, a two level enhancement.
Paragraph 118 is 2B1.1(b)(10)(A), and that's where
two levels are added if the defendant relocated or
participated in relocating a fraudulent scheme to another
jurisdiction to evade law enforcement or regulatory officials.
In this case the defendant moved his scheme from
Arkansas, to Texas, and then to Georgia.
As set forth in paragraph 119, in accordance with
Section 2B1.1(b)(17)(A) of the guidelines, two levels are
added to the base offense level if the defendant derived more
than $1 million in gross receipts from one or more financial
institutions as a result of the offense.
In this case, the defendant fraudulently obtained a
PPP loan from United Community Bank in an amount over $2
million.
There are no victim related adjustments.
As set forth in paragraph 121 of the presentence
report, in accordance with Section 3B1.1(a), four levels are
added to the base offense level because the defendant was an
organizer or leader of the criminal activity that involved
five or more participants or was otherwise extensive.
In this case the defendant was the leader of this
extensive criminal activity.
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As set forth in paragraph 122 of the presentence
report, in accordance with Section 3C1.1, two levels are added
to the base offense level if the defendant willfully
instructed or impeded, or attempted to instruct or impede the
administration of justice with respect to the investigation,
prosecution or sentencing of the instant offense of
conviction, and the obstructive conduct related to either the
defendant's offense of conviction and any relevant conduct or
a closely-related offense.
In this case, the defendant contacted a potential
witness and the witness's attorney to encourage them to
dismiss their civil case against the defendant.
And the Court would point out that on December 22 of
2020, after a hearing, Magistrate Judge Anand revoked
defendant's bond because of his failure to abide by the
conditions of his release in that he sent text and email
messages to a potential witness and to the witness's lawyer,
accusing them of asserting false claims against him and
demanding that they withdraw those claims.
Based on the foregoing, the adjusted offense level is
37.
In accordance with paragraphs 125 and 126 of the
presentence report, the defendant receives a three level
downward adjustment for acceptance of responsibility.
That results in a total offense level of 34.
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There's a plea agreement in this case, but it has no
impact on the guideline calculations, except the agreement
calls for the government to recommend a sentence of 151 months
imprisonment.
The defendant's criminal history is as follows:
As stated in paragraph 130 of the presentence report,
the defendant receives one criminal history point for his May
2005 conviction in the Circuit Court for Crittenden County,
Arkansas, for one count of battery, for which he received a
sentence of 120 months suspended.
As set forth in paragraph 131 of the presentence
report, defendant receives three criminal history points for
his August 2002 conviction in the Circuit Court of Pulaski
County, Arkansas, on forgery, for which he received three
years probation.
Probation was later revoked. He was then sentenced
to four years probation. And then, two years later, probation
was revoked again. He was sentenced to five years, to serve
three years, with the balance suspended.
As set forth in paragraph 133 of the presentence
report, defendant receives one criminal history point for his
October 2012 conviction in the District Court of Pulaski
County, Arkansas, on a charge of domestic battery for which he
received a one year term of imprisonment, which was suspend.
As set forth in paragraph 134 of the presentence
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report, the defendant receives one criminal history point for
his February 2019 conviction in the Circuit Court of Desha
County, Arkansas, on two counts of defrauding secured
creditors for which he received a sentence of 60 months
imprisonment, suspended and probated to six days imprisonment.
And a petition to revoke his probation is currently,
there is a warrant currently pending for a revocation of
probation in that case.
So that results in a subtotal criminal history score
of 6.
However, in accordance with Section 4A1.1(d) of the
guidelines, two points are added to the criminal history score
if the defendant committed the current offense while under a
Criminal Justice sentence and, here, he was on probation in
the Desha County, Arkansas case for defrauding secured
creditors.
So that means two points are added, which makes the
total criminal history score 8, which establishes a criminal
history category of IV.
As set forth in paragraphs 169 through 172, the
defendant does not have the ability to pay a fine within the
guideline range and he has a substantial restitution
obligation.
The sentencing options are as follows:
The statutory penalty for each count is a term of
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imprisonment of up to 30 years and a fine of up to $1 million,
or twice the gain or twice the loss, whichever is greatest.
There is no mandatory minimum sentence.
With a total offense level of 34 and a criminal
history category of IV, the custody guideline range is 210 to
262 months, the fine guideline range is $35,000 to $350,000.
There's a restitution amount of -- let me get this
right, $4,465,865.55.
There's a special assessment of $100 on each count,
for a total of $600.
There's a forfeiture in this case. The Court has
already signed a final order and judgment of forfeiture on
July 20 of 2020, Docket No. 207 in the case, which will be
incorporated into the judgment and commitment order.
The Court could impose the cost of confinement of
$39,365 annually, or a cost of supervision of $4,465 annually,
or both.
There's no probation option. There's a term of
supervised release of two to five years on each count.
And the defendant is a citizen of the United States.
Any objection to the guideline calculations as stated
by the Court, on behalf of the government?
MR. PHILLIPS: No, your Honor.
THE COURT: Any objection to the guideline
calculations as stated by the Court, on behalf of the
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defendant?
MS. DURRETT: No, your Honor.
THE COURT: All right. Let me hear from the parties
regarding what a fair and reasonable sentence would be in this
case considering the 3553(a) factors.
I have read the sentencing memorandum filed by the
defendant. I have also reviewed the victim impact statements
submitted to me.
Mr. Phillips.
MR. PHILLIPS: Thank you, your Honor. Would you like
me to come to the podium, or stay seated?
THE COURT: Whatever is comfortable for you. Staying
seated is fine as long as you are talking right into the
microphone.
MR. PHILLIPS: I will, your Honor. And I will do
that only because I have a very brief PowerPoint that I would
like to make and it's easier to do that if I am seated.
I don't mean any disrespect.
THE COURT: Listen, you don't have to stand on
ceremony. I have been allowing attorneys to stay seated for
the last 18 months and I think it's going to continue on for a
while.
MR. PHILLIPS: First of all, your Honor, let me say
that the government honors its commitment in the plea
agreement to recommend that the defendant be sentenced to a
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term of imprisonment of 151 months. That will be my
recommendation. So nothing I'm going to say changes that.
However, there are some things that I want to bring
to the Court's attention that I think should be highlighted,
because the defendant is asking for a sentence that's even
lower than that.
And as the Court just noted, the actual guideline
calculations have a low-end recommendation of 210 months. So
what the government is recommending is already substantially
below the low end of the guidelines.
The reason the government did that is because during
the plea negotiation phase of this case, the government was
not aware of the defendant's extensive criminal history. Not
because we didn't look, not because we didn't try to find out,
but because when we looked, it was not available to us.
So we operated on the assumption that the defendant
was going to be in Criminal History Category I. That's on us.
We did not know that he was going to be in a much higher
criminal history category.
So to request a sentence that's even lower than what
we have already agreed to recommend to the Court, even though
the Court is not bound by it, we believe the Court should not
follow the defendant's recommendation and request on that
front.
And there are several reasons for that. One is the
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criminal history that I just talked about. And the other is
something that is covered by one of the sentencing
enhancements, and that is the obstruction of justice.
But it's not just that Mr. Fayne contacted a witness
and tried to get that witness to do something that was
inappropriate. It's that when we brought a proceeding to
revoke his pretrial release, he blatantly lied to Judge Anand
during that hearing. And that's explained in detail in the
PSR.
And it's just so bold, it's so outrageous that he
would do that. And he did it several times. It wasn't a
mistake. And that's the thing that I highlighted to Judge
Anand when we had a follow-up proceeding on this. It wasn't a
mistake. It's not like he said he misspoke.
And the first thing he said was that he -- that the
lawsuit that this lady in Washington had filed against him was
not related to the Ponzi scheme charges in this case. That
was a blatant misrepresentation to the Court.
It has everything to do with that. That lady is a
victim in this case. She is listed in the list of victims
here. She invested money in Fayne's trucking company and
that's why she was suing him, because she got ripped off.
And then he doubled down on that and he told Judge
Anand that he had never even seen her lawsuit. But we have
provided proof to the Court that a process server had served
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Mr. Fayne and had identified him not only by his physical
description, but also by his name and said I personally handed
the lawsuit papers to him, the summons and complaint.
So he outright lied to Judge Anand. I think that is
just so telling. He's going to come in here today and he's
going to ask you to have mercy on him: Judge, I made a
mistake; Judge, I'm sorry.
You hear it all the time, your Honor. This is a man
who has already had a chance to tell the truth to this court
and he chose not to do that because he thought he could get
away with it.
Next, I want to highlight the fact that the bank
fraud aspect of this case and making the false statements to a
financial institution took place during what you have heard
repeatedly, I have heard repeatedly throughout the last 18
months referred to as unprecedented times. And that is
absolutely true.
This defendant and his coconspirator Dan Jay obtained
a PPP loan, money that was intended by congress to help our
fellow citizens who were having trouble keeping their small
businesses afloat.
The government wanted to provide money to those small
businesses to make their payroll, to pay their mortgages, to
pay their lease payments and their rent payments and those
very limited business expenses.
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Instead, this defendant and his coconspirator Mr. Jay
applied for a $3.7 million PPP loan. Originally, the bank
gave them the $3.7 million, realized that they had
miscalculated how much he was entitled to get, and reduced
that amount, pulled some of the money back, leaving him with a
little bit over $2 million.
So it's unusual, I have never done this before, to
present a very brief PowerPoint on something that is
uncontested. The defendant has admitted all of these facts,
the Court has already heard about them, but if you don't see
it, it's not quite the same.
And I would like to take a few minutes and just point
this out. This is the actual Paycheck Protection Program form
that Mr. Fayne submitted. And you can see that it's in the
name of Flame Trucking.
He told the bank that he had an average monthly
payroll of $1,490,200, and he was asking for $3,725,500 in
loan proceeds. And he also said he had 107 employees.
Those were just blatant outright lies.
For some reason the screen is not moving here, not
controlling the screen.
COURTROOM DEPUTY: You're not controlling it?
MR. PHILLIPS: I see what happened here.
Yeah. It won't let me control from my computer. Can
we exit out of that for one second?
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I'm not sure why this is happening.
Can we try it again?
It worked earlier.
COURTROOM DEPUTY: I had to reset the system because
of the audio.
MR. PHILLIPS: Okay.
Let me reset mine.
Excuse me one second.
THE COURT: That's all right. Technology is a
wonderful thing until it doesn't work.
MR. PHILLIPS: That's right.
There we go. Just briefly then, your Honor. The
defendant told the bank that he had not been convicted of any
felony within the last five years. That was not true.
He claimed that he would use all of the money that he
was going to get in this PPP loan to do those things that were
approved by the Paycheck Protection Program, that is maintain
payroll, make mortgage interest payments, lease payments,
utility payments, and signed that as the CEO of the company.
Instead, what did the defendant do? Almost
immediately, as soon as he got his hands on the money, he
started spending it for personal purposes. And I want to
highlight a couple of things that he did that are all outlined
in the indictment, but this is so unusual and so outrageous.
Here is a receipt for $85,000 in custom jewelry that
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he bought. And that's money that he got from the Paycheck
Protection Program that's supposed to go to small businesses
to help them survive the pandemic.
This is a video of Mr. Fayne receiving the
custom-made watch, the Rolex that he got that's diamond
encrusted. That's taxpayer money, right there.
There's a photo of Mr. Fayne wearing the custom
Rolex, the bracelet and the ring. $85,000 worth of jewelry.
Here is a $340,000 Rolls Royce that he purchased.
And here's the application that he submitted to the company to
get the Rolls Royce. He paid down about $136,000. You can
see that the purchase price was $341,800.
He bought this in the name of his company, Flame
Trucking, LLC. He told them that he was a corporate executive
and he had verifiable annual income of $660,000. That's just
another lie. That's a wire fraud right there. It was
submitted by wire. That completely was untrue.
So those are things I just wanted to bring to the
Court's attention that I want the Court to keep in mind when
the defendant is asking for an even lower sentence.
This outrageous and wasteful use of taxpayer money is
something that is -- and because it happened during this
pandemic, that's not reflected in the guidelines, it is not
reflected in the 151 months.
So we're standing by the 151-month recommendation,
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but we certainly are asking this Court not to go any lower
than that.
And especially because he has already had an
opportunity to tell the truth to the Court and he opted not to
do that.
Thank you, Judge.
THE COURT: Thank you, Mr. Phillips.
Ms. Durrett.
MS. DURRETT: Thank you, your Honor.
So I think the Court may be well aware that Mr. Fayne
previously represented himself in this case and he was
representing himself at the time that he went before Judge
Anand.
And I understand that he made those
misrepresentations, your Honor, but there was a civil case
pending and the criminal case pending. And I understand that
he should not have done that. He admits that.
Once I became involved in the case, when I met with
Mr. Fayne, he almost immediately said I want to take
responsibility for this, I want to plead, and I contacted the
government.
And I'll be honest with you, I don't think that
Mr. Phillips believed me when I told him that Mr. Fayne wanted
to plead guilty. There was some back-and-forth between us
where he was saying, you know, this is -- this is contrary to
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what we have experienced when we're dealing with Mr. Fayne.
So we were able to convince the government, yes, he
does want to come in and accept responsibility. He wants to
come before the Court, he understands he will be punished and
he wants to accept responsibility and we were able to work out
this plea agreement.
I don't know that I have ever had another plea
agreement where we've agreed to every single enhancement. I
agree they apply in this case, but typically I try to reserve
some of that so I can argue about it if I think we're on the
edge somewhere.
But Mr. Fayne repeatedly told me he wanted to go
forward and accept responsibility. And I think the Court
knows from the PSR that he had a childhood where one of his
parents was incarcerated while he was young, in and out of
jail, and that has had a significant affect on him.
So one of the things that he talked about with me was
not wanting to have that same pattern with his children. He
understands that he has started down that road, but I do
believe him when he says he wants to come before the Court and
accept responsibility and admit what he has done, admit the
wrong and the harm that he has caused, and have the Court
sentence him appropriately.
I will say that I think sometimes defendants talk to
each other about the way to handle things in court when they
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are representing themselves. Mr. Jay, the codefendant, may
still be on that track. It's my understanding he may plead
guilty, but he is also continuing to operate in his own, you
know, world.
THE COURT: Well, he is represented by an attorney,
but he is insisting on filing his own material.
MS. DURRETT: Right.
So what I will say is once I came on board with
Mr. Fayne that kind of nonsense stopped and there was a real
discussion with him about how we should move forward.
And I believe he earnestly took my advice on how to
handle this case and how to move forward with his life. And I
believe he was earnest in his discussions about wanting to
show his daughters that it's time to accept responsibility and
try to move forward and do something legitimate with his life.
I will say I understand the government's argument
that ten years is even lower than their recommendation, but I
cited several things to the Court about the guidelines and how
they are not really based on empirical data.
And for the most part it's kind of figuring out what
is the right sentence for the defendant who is standing in
front of you, which is what Booker tells us to do. And I know
the Court is well versed in all of that.
But one of the things I will note, even though he
does have prior convictions, he had that sentence where his
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probation was revoked and he was sentenced to five, serve
three.
I went back and looked at the probation's document.
He served about nine months on that three-year sentence. So
the sentence that we're asking for is ten times that amount.
And I think that if the Court is looking at deterrence,
certainly a sentence of ten years is going to meet that goal.
It's significant punishment for Mr. Fayne where he
will have to, you know, go into prison and serve this time.
I know the Court may be aware that Mr. Fayne was
previously on television. There have been some press releases
about this case and news reports. So not only will this be a
private change to him and a private punishment to him, but my
expectation is that this will be a very public punishment for
him.
And I'm sure the government is going to issue it's
own press release about what the sentence is in this case.
So in addition to serving that punishment and the
shame he's going to feel with his family and himself, it is
going to be a very public punishment no matter what the Court
sentence comes to.
And I believe that based on all the factors I have
outlined, including disparity with codefendants or disparities
with other similarly-situated people, a sentence of ten years
is going to be sufficient but not greater than necessary to
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meet this Court's sentencing goals.
THE COURT: Thank you, Ms. Durrett.
MS. DURRETT: Thank you.
THE COURT: Mr. Fayne, you have what's called the
right of allocution which is the right to make a statement on
your behalf. Or you can just rely on what your attorney
Ms. Durrett has told the Court. Do you wish to make a
statement?
THE DEFENDANT: Yes, sir.
THE COURT: You can stay seated. Just move the mike
closer to you.
THE DEFENDANT: First of all, I would like to
apologize to the Court for my childish, selfish actions, the
reasons why we are all here today.
But more importantly I would like to apologize to all
the victims. You know, I really didn't realize at the time
the hurt and pain that I was putting on them, the harm that I
was causing them. And I am asking for forgiveness and I hope
that they can forgive me one day.
I also would like to apologize for my family, going
down the same road that my parents went through with me. So
hopefully, if this Court have mercy on me, give me a chance to
live the second half of my life and I can do things better,
live a righteous life and do everything I can to properly pay
back the restitution that is due in this case.
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Most important of anything that I say is just I would
truly like to apologize to all the victims and I'm sorry for
my actions and the harm that I caused anybody.
THE COURT: All right. Thank you, Mr. Fayne.
Anything further, on behalf of the government?
MR. PHILLIPS: Yes, your Honor. I have two of the
victims in the Ponzi scheme who would like to address the
Court.
THE COURT: Of course.
MR. PHILLIPS: Your Honor, first we have Laura Wolf.
THE COURT: All right.
Ms. Wolf, you can come up to the podium. By the way,
I read the entirety of your statement, so I'm very familiar
with what you have gone through.
If you would state your name.
You can remove your mask while speaking, if you would
like. And you can restate your name for the record and then
say whatever you would like.
MS. LAURA WOLF: My name is Laura Wolf. Excuse me.
THE COURT: That's all right. Take your time.
MS. LAURA WOLF: When I received this document to
state -- asked these questions, I really thought really hard
and spent countless nights trying to think of what I would say
and what would make justice not just for myself, but for my
four-year-old and my six-year-old who were greatly affected by
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this.
Question number one was how has this crime affected
you and those close to you?
Maurice and his crime have affected my life in a way
that I will never get back, I will never get that time back,
your Honor.
Time after time Maurice promised me that this was --
this was the time that I would be able to fulfill my American
dream of being a homeowner, being able to provide for my two
children as a single mother.
I was under contract on a home, invested my
hard-earned money, working eight hours a day in corporate
America to be able to get that home. My children prayed every
night, we prayed and prayed for Jesus to grant us the ability
to get that home.
We were there, we were right at the finish line.
I had never made an investment in my life until I got
introduced to Maurice and Maurice sold me on a dream. A dream
of investing a small amount for a greater gain. And I fell
into that trap.
I gave, and I gave, and I gave, to the point where I
lost my job. I lived on the street with my children. My only
resort was to hand them over to my best friend, my ex-husband,
until I got myself on my feet.
I got my job, I got myself an apartment, I was able
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to start new.
He left me with zero money in my savings account
where I had no option, your Honor, but to file for bankruptcy.
That took seven years, seven years of my life that I'm unable
to get back financially.
I am in the brokerage real estate industry where
money comes and goes through that industry. I am limited to
the jobs that I can get because of what transpired here. I am
limited to be able to work with C level executives, manage
their expenses because I have a bankruptcy on my file now.
At no fault of my own, I fell for a trap. And this
wasn't a one-time offense that Maurice has made. He has shown
that he is, time after time, year after year, following this
same scheme of taking money from people, using it for his own
gain.
I read the Document 215 that Maurice submitted. And
in reading it, it hurt me. The fact that in none of the
documents does he apologize to the victims. This is the first
time I have heard him apologize. He has apologized to the
Court, he has apologized to the judges. And never in a
statement did he say I take back everything I did to these
victims.
The people that he hurt, yes, it was the U.S. of A.,
but he also hurt us more on a personal level.
I wanted to touch on what my thoughts were in the
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sentencing of the defendant. I want to compare my life to
his. They are very, very similar.
I grew up in poverty. I grew up in a small little
trailer home in a ranch. My father was a mailman. He worked
every day, woke up at 6:00 in the morning, came home at 6:00
in the evening. He held a job. My mother worked hard, a good
Christian woman who believed that you got to work hard to get
what you want in this life, you don't steal, you don't take,
you don't deceive, you don't lie.
We all have a choice, a choice to do right or a
choice to do wrong no matter what we were brought out in the
past, no matter what we went through.
Maurice wanted punishment to fit with his crime -- to
fit him and not his crime.
We have more than enough evidence to show who his
character is by what he has done in the past. I can assure
you his punishment should fit him with the maximum amount
allowed. I, for one, believe he thought that -- sorry.
Excuse me.
He is not fit to change. He is not. He also shown
time, and time, and again, given chance after chance, and we
don't see change. He is constantly deceiving people and
taking money.
He is not unlike other defendants who have come
before the Court in the way that he was raised by grandparents
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in the absence of his own. So many others have gone through
this. So many others have triumphed over this. You don't
allow your past to define who you are. You are your present
and you are your future, and only you can make that choice,
Maurice.
By all accounts, Maurice as a small child had good
academic and ability. That's great. So was I. Even going
through poverty, even sleeping on a mattress with mice and
cockroaches, I chose to get up, go to school, get that grade,
go to school, go to college, and even be an athletic scholar,
just like he was.
Along the way he suffered significant childhood
trauma whose shape he has become. I had childhood trauma. I
had physical and mental abuse. More than you can ever
imagine. Stuff that haunts me every day of my life. But I
move forward because, again, I am my present and I am my
future, and I am not my past.
I cannot fall on my past like he is right now just to
have somebody show mercy on him. It is his choice.
He has repeated that he is ready to take
responsibility for his actions so he can get a shorter
sentence.
The reason why he is doing this, your Honor, is
because he got caught. If he would not have gotten caught,
this would have continued longer, and longer.
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I dealt with five years of this. I dealt with
countless endless nights of researching, doing background
checks, finding everything I needed to know about Maurice to
finally get to the truth.
I show here, with this. This plays a big role in my
feelings. He later enlisted in the military, but that
enlistment was short-lived.
I come from a very, very long line of military men.
Men who served in World War I, World War II, the Vietnam War,
Iraq, Iraq, and Afghanistan.
They showed honor. They showed character. They
didn't enlist and short-live their obligation to honor and
protect.
In enlisting in the military, you go through basic
training. The first thing you are taught in basic training is
your honor code. The Army, the Air Force, the Marines, and
the Navy, their honor code enlists loyalty, duty, respect,
selfless service, honor and integrity, respect, human dignity.
None of those has he done in his past, the past 14 years that
he has been doing criminal acts.
So don't pride yourself, Maurice, in the fact that
you enlisted in the military for even a short period of time,
because any of these honor codes have never been fulfilled by
him.
The sentence of ten years in prison is sufficient,
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according to him.
I have been sentenced to seven years of financial
bankruptcy. That, to me, is just as much as ten years in
prison for my life. I'm not incarcerated, but I'm
incarcerated in my own life.
I cannot go through with what I was educated on. I
have to downplay my salary. I have to change my entire way of
life, not just for myself, but also for my four-year-old and
my six-year-old.
The statement reads "A ten-year sentence will
therefore serve as a greater deterrent and punishment for
Mr. Fayne. He is 38 years old, and in ten years he will be
48. His daughters will be 28 and 26. His grandmother will be
79. The loss of time with his daughters and grandparents
weigh heavy on Mr. Fayne."
Death is a part of life. I lost my grandmother
during this whole event. I had no financial means to go to
her funeral to pay my respects to my grandmother who raised me
as well. The pain is brutal.
So do I feel sorry for him? I do. But I went
through it way before he has to go through it. I did nothing
to have that taken away from me, he took that away from me.
He took my grandmother away from me.
Where was he during his children's birth? Their
toddler years? Their growing-up years? He was an absent
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father. He now, because he is a father, wants to go to be a
part of their lives, wants them to be involved.
He did not think about his children and his
grandmother while he was doing these criminal acts. He just
continued to do them time, after time, after time.
If you so love your family that much, Maurice, you
should have thought about that before you did what you did.
Before you turned other people's lives around. Before other
people died because of your acts, actually.
During this event, I was pregnant with twins. He
knew about it. I sent him a picture of my sonogram. I
pleaded to them to please close this, quote, unquote, Walmart
deal.
It caused me great stress, hair loss, tremors, great
panic and anxiety. I have tachycardia, which is a heart
condition. They didn't take that into account. They
continued to ask for more money. They continued to ask for my
jewelry. They continued to tell me "In a week you will get
your return."
I lost those two twins. I lost the man that I was
engaged to, the love of my life for 20 years. And all this
came from this Ponzi scheme.
Again, he didn't think about his family. He didn't
think about his grandmother. He didn't think about the people
he was hurting year, after year, after year.
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A ten-year sentence is nothing, your Honor. I
strongly feel Maurice should pay back not just the
restitution, but the fact that the maximum amount of time is
what I feel is justice. Justice for myself and for my two
children who now have embedded in their minds sleeping in a
car with a blanket and pillow. They remember that and I have
to tell them stories to not make it as hard for them to,
hopefully, one day, they forget about it.
They have a great father that was able to help me
through this transition. But I, for one, am traumatized by
this event. The word "investment" will never cross my life
again. He used that word, as opposed to a Ponzi scheme, and
that's what he did.
I urge you to please take my pleadings into
consideration that my life is no different than his. We grew
up the same. We both have elderly grandparents, I lost mine
before he did, and he took that from me and he took two other
babies from me.
That's what I have to say.
THE COURT: Thank you, Ms. Wolf. I appreciate you
coming to court today, I know how hard that was.
Thank you.
MS. LAURA WOLF: Thank you.
MR. PHILLIPS: Next, your Honor, we have Sean Frank.
MR. FRANK: Morning, your Honor.
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THE COURT: Morning, Mr. Frank.
MR. FRANK: I'm Sean Frank. I was engaged to
Ms. Laura Wolf.
This is very hard.
I spent the last four and a half years in a 10x10
office space, researching tax law, background checks, and all
information possible on Maurice Fayne to understand how could
I be so victimized?
When Ms. Wolf got involved in the investment with the
Walmart deal, it was an opportunity for both of us. The
contracts, the information that he presented seemed to be
legitimate.
Going forward with him and Dan Jay and the other
conspirators gave promise to what they were doing as far as
Flame Trucking, Diamond Freight Trucking and all the other
companies.
It started out with an initial investment to cover
devices or something for 130 trucks with Walmart. A simple
investment. Seemed legit.
I have been chasing that same $10,000 for the last
four years; it turned out to be hundreds of thousands of
dollars later.
I put my house up, pulled money out of my house to
try to cover the expenses, to try to cover my fiancée's
investment and to show validity if there was some truth to
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what this man was doing.
After months of research, speaking with Walmart's
heir, speaking with Walmart's legal department, it came to
fruition that none of what Mr. Fayne has done was correct.
They have never heard of Flame Trucking, they have never done
business with Flame Trucking.
Flame Trucking was utilizing Walmart's logo and
documentation to solicit funds in this Ponzi scheme for over
seven years.
Flame Trucking, as I look back on his character from
2000 to now, over 20 years of history in the criminal system,
he has a history of defrauding people, he has a history of
domestic violence, he has a history of violence in the
streets. He has a network that is not so kosher in today's
society, if I can say it so gentle.
I sat in this 10x10 room and read, and read, and read
every day to this moment to figure out what the truth was.
We lost the twins; I lost my relationship; I lost my
home to a hard money lender that I am still paying interest on
and don't even own anymore. I lost my vehicle; I lost my
401(k), I lost my occupation for nine months, almost ten
months, and I took that time to research and figure out where
did I go wrong?
It was not me.
When I had no counsel for depression, I thought about
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taking my own life because I had lost ten years of my savings
with the promise that I would have a return on my investment,
a return that was supposed to set up a nice house for me and
my fiancée and potentially our twins.
That hurt. That hurt.
But what really hurt was him not having remorse at
all. There was a comment he made, he said What man calls me
at 2:00 in the morning and asks about his investment? Who
does that?
I did that. What's going on? Why is this not going
through? Why the many lies? Why is money paying one hand to
the other? Why is money paying the bankruptcy, paying the
bank charge offs, other things other than what the contract
had stated -- that you forged with Walmart? And other
companies. That's just one.
This resonated with me every day to find some type of
resolution. The struggle was real for me and my son. To
explain to him that a man can take your livelihood by the mere
fact of dangling a carrot in front of you and you thinking
you're okay as you keep racing after the carrot.
I want to speak on the remorse piece, because I felt
Mr. Fayne should have had some type of remorse for his
victims. Not in one of those documents, in all 200-plus
documents that sent to the Court, did he apologize and say I'm
sorry.
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Today he apologized, but that is not I'm sorry. I am
sorry for how you lost your house, I am sorry for the loss of
your babies, I'm sorry for the loss of your livelihood, I'm
sorry for what it has cost you.
Just so you could be in the streets and bling-bling
with your friends on television. To prove what?
The false reality of virtual reality because you
could not do it yourself the hard way, like hard-working
people. You can't get in the grind and sit there behind a
desk and learn something?
You can't run a trucking company? Because when I
asked you Who does your operations? You said Walmart does my
operations, I don't need to do anything.
That resonated with me. When you have a
multi-million dollar company, you've got a staff. You have
people behind you that support you. You have people that help
run your day-to-day.
You're getting hundreds of thousands of dollars from
us for a potential multi-million dollar contract with Walmart,
and you don't have an operation?
Flags went up.
You know, you talk about your livelihood and you want
to stress your mom is this and a drug addict, growing up in a
crack home, not having things around you.
But you would think after 20 years, you might have
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learned after the first incarceration, the second
incarceration, those were triggers to say maybe I'm sorry,
maybe I need to change my path. But the greed had pulled him
through, wanting more and more to put on the façade that's not
real.
People are dying today just to breathe. You took all
of our savings. You took everything away from us. Even up
until the last month, March of 2020, you asked for my
ex-fiancée's jewelry to get more money.
For what? What did it prove?
I hope this joyride was fun. It was not fun for me.
I lost four years with my son, my family. I'm not even in my
own home anymore -- that was paid off.
Driving a 2000 Honda, 232,000 miles on it. Four
years.
But my mind stayed true to figure out what justice
would prevail.
You ask for ten years, you ask for forgiveness, but
you not once said sorry to your victims. Not once have you
said sorry to the man who paid your student loan to help you
get that PPP loan. Never once did you pay the man that helped
you with other expenses so you can get all these loans.
But yet you can go and buy a $300,000 car. A Rolex.
That's the memory you want to take with you? I hope it was
worth it.
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My biggest pain: I lost Laura Wolf. We have known
each other for over 20 years. That's my ride-or-die woman.
And we've been through this pain and separation and
isolation and trying to find a cause and trying to find
justice and trying to get an answer. And to hear I'm sorry.
Laura, I am sorry this ever came across your plate.
I am sorry it came across my plate. These are the type of
words I would love to hear from Mr. Fayne.
No.
What man calls another man at 2:00 in the morning?
This man does, because I did not stop.
I want this Court to understand that I have tried my
due diligence and several process services, several documents.
I have spent hundreds of hours trying to learn the law and
trying to get some type of restitution.
I plead to the Court that the Court will confirm my
arbitration award on behalf of the suffering and pain that
myself and my ex-fiancée suffered.
I ask the Court that ten years is not enough.
Now you want it to be a father. I lost four years
with my son. I have lost that opportunity to just say hey,
son, let's go out and play in the backyard with the beach
ball, soccer, football.
There is some growth from this. There is some
learning from this. I didn't know I could do it. I didn't
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know I can actually sit there and study a field that's not
even in my profession.
I was driven. And just as much as I had the
determination to drive and learn this, Mr. Fayne should have
enough determination to drive and learn not to do this.
In his argument he asks I want to go back to school
and get a degree. You want to go back to school and get a
degree after you got caught. After you realize now all the
pain and suffering.
There is one older woman that made an investment of
$40,000, out in Maryland, she was so stressed that she didn't
get her money back, she drank herself to death.
I called Madone (phonetic) and told him about this,
and he said that ain't nothing for me to worry about. I said
that was to Flame Trucking, your company, and now this woman
is dead.
If you have 20 years of history of criminal activity,
forgery, battery, defrauding the government, what's going to
change? The character building is there. He has been that
person since day one. You can't blame that on your family.
Every person has their own self worth.
I ask the Court to give the maximum sentence as
possible. On behalf of those who are not able to speak,
because I have spoken to many victims, I would like for you to
give them restitution as well.
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I'm sorry that they couldn't bring their stories.
There are tens and twenty other people that have been affected
that cannot speak today, so I am hoping you take that into
consideration in your sentencing.
Thank you, your Honor.
THE COURT: Thank you, Mr. Frank. Thank you for
coming to court today.
Anything further, Mr. Phillips?
MR. PHILLIPS: No, your Honor.
THE COURT: Anything further, on behalf of the
defendant?
MS. DURRETT: No, your Honor.
THE COURT: The Court has considered the entire
record in this case, and pursuant to the Sentencing Reform Act
of 1984, it is the judgment of the Court that the defendant,
Maurice Fayne, is hereby committed to the custody of the
Bureau or Prisons, to be imprisoned for a term of 210 months
as to each of Counts 1 through 6, all counts to be served
concurrently.
It is ordered that the defendant shall pay to the
United States a special assessment of $600, which shall be due
immediately.
It is further ordered that the defendant shall make
restitution in a total amount of $4,465,865.55 for the victims
in this case, and they are:
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United Community Bank, in the amount of $2,045,300;
The United States Small Business Administration, in
the amount of $20,453;
Jimia Cain, in the amount of $221,000;
Sean Frank, in the amount of $231,862;
Laura Wolf, in the amount of $163,811.19;
Robert Tuscana, in the amount of $52,635;
Amanda Napier, in the amount of $150,000;
Marla Newman, in the amount of $174,400;
Jeanne Johnston, in the amount of 156,350;
Mike Rubial, in the amount of $102,338.47;
Linda Appleby, the amount of $45,000;
Alejandro Davila, in the amount of $22,000;
Edie Lenaberg, in the amount of $128,900;
Reuben Azrak, in the amount of $130,000;
Terrance Miller, in the amount of $50,000;
Ken Pritchett, in the amount of $544,565.89;
Elizabeth Baun, in the amount of $100,000;
John Baun, in the amount of $30,000;
Tameika Price, in the amount of $9,600;
Jamar Rucker, in the amount of $59,000;
And Sherrie Odom, in the amount of $28,650.
The restitution shall be paid in full immediately.
Any restitution payment that is not paid in full must be paid
in monthly installments from any wages the defendant earns in
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prison during any period of incarceration at a minimum the
greater of $25, or 50 percent of the deposits in his inmate
trust account per quarter.
Any portion of the restitution that is not paid in
full at the time of Mr. Fayne's release from imprisonment,
including a halfway house, will become a condition of
supervision and be paid to the clerk of this court for
distribution to the victims at a monthly rate of $150, plus
25 percent of gross income in excess of $2,500 per month.
The defendant shall notify the United States attorney
for this district within 30 days of any change of mailing or
residence address that occurs while any portion of this
restitution remains unpaid.
The Court finds the defendant does not have the
ability to pay a fine or the cost of his incarceration, and
will therefore waive the fine and cost of incarceration in
this case.
The Court will incorporate the final order and
judgment of forfeiture in this case that was entered on
July 20 of 2021.
Upon release from imprisonment the defendant shall be
placed on supervised release for a term of five years as to
each of Counts 1 through 6, all counts to be served
concurrently.
Within 72 hours of release from the custody of the
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Bureau of Prisons, the defendant shall report in person to the
probation officer in the district to which he is released.
The defendant shall comply with the standard
conditions that have been adopted by this Court, including the
following mandatory conditions:
Number one, he shall not commit another federal,
state, or local crime;
Number two, he shall not unlawfully possess a
controlled substance;
Number three, he should refrain from any unlawful use
of a controlled substance and submit to one drug test within
15 days of release from imprisonment, and at least two
periodic tests thereafter;
Fourth, the defendant shall make restitution in
accordance with this Court's previous order;
Fifth, the defendant shall cooperate in the
collection of DNA as directed by his probation officer.
The Court is also imposing the following special
conditions of supervision:
The defendant shall submit his person, property,
residence, vehicles, papers and computers to a search
conducted by the United States Probation office.
The defendant shall permit confiscation or disposal
of any contraband found pursuant to the search.
The defendant shall make a full and complete
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disclosure of finances and submit to an audit of financial
documents at the request of his probation officer.
The defendant shall not incur any new credit charges
or open additional lines of credit without the approval of his
probation officer.
The defendant shall participate in a substance abuse
program and follow the rules and regulations of that program,
and submit to substance abuse testing to determine if he has
used a prohibitive substance.
The defendant shall participate in a mental health
treatment program and follow the rules and regulations of that
program and take any and all mental health medication
prescribed by his treating provider.
The defendant shall also pay all or part of the cost
of any of these programs unless that payment is excused by his
probation officer.
Let me talk about the 3553(a) factors and indicate
why I believe this is a fair and reasonable sentence in this
case.
First, the nature and circumstances of this offense.
Let me just say, the Court has been on the bench almost seven
years. This may be the worst case of fraud that I have seen
since I have been on the bench, and I have seen some bad
cases.
But to the extent that this went on for five to seven
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years? The misrepresentations that were said to a number of
victims, two of which we heard today, but many more who are
out there, is unconscionable. There is nothing that can
excuse it.
When you look at the presentence report and determine
what Mr. Fayne did with this trucking company and the lies and
the misrepresentations that he told to the victims in this
case to basically get all this money -- and the Court has seen
circumstances where people have taken money from people and
it's been because their family is on the outs, they are under
this incredible pressure, not to justify it, but that there is
a reason that you can explain for why they did this.
And what reason did Mr. Fayne do this? It was to get
more for him. It was to get cars. It was to get jewelry. It
was to basically cover up what he was doing throughout this
period of time of many years. I mean, it was literally
stealing money.
You talk about Robin Hood stealing from the rich and
giving to the poor. This was the opposite. This was stealing
from people that couldn't afford to lose this money and making
himself rich. It's the reverse of Robin Hood.
This wasn't a one-off. This wasn't something that he
did and he got some religion and decided not to do it again.
He just kept doing it and doing it. And the lies just kept
on.
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There are so many instances in the PSR that I can
talk about, but one was in this Walmart Ponzi scheme that he
worked. At one time they found that there was a guy at
Walmart that actually existed who was an insider, and that
Mr. Fayne actually posed as this person, disguised his voice
and in the telephone conversation with investors, gave the
impression that well, if you had any doubts, you're talking to
someone from Walmart, here I am. And it was Mr. Fayne that
did that.
So just continually during this period doing
everything he could to make sure that the victims kept giving
him money. Kept zeroing out their bank accounts. Sold their
possessions so that Mr. Fayne could have more possessions.
And that was just the Ponzi scheme. Then we go off
into the PPP fraud, the loan that he got from United Community
Bank, which was another complete fabrication.
Here are programs that were set up -- we've all gone
through the coronavirus situation for the past year and a half
and we have seen businesses out there close, struggle, lay off
people. And this was a program for which small businesses
could stay in business to keep people employed, to keep food
on the table for all of their employees.
That was the purpose of this. And it saved a
tremendous amount of businesses.
But what did Mr. Fayne do? He took that money and,
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again, did what he did with respect to the Ponzi scheme. It
just kept going on, and on, and on.
And was this the first time -- and now I'm getting
into the history and characteristics of Mr. Fayne.
Was this the first time that Mr. Fayne has committed
fraud? No, it isn't. He has done it before. He has never
had to pay like he's going to have to pay now, that's for
sure, but he graduated to the big leagues with this one.
This was not just the forgeries, this was not just
the type of fraud that he did before in his life. This was
basically a five- to ten-year period during which,
continually, this is what Mr. Fayne was doing.
He wasn't really making a real living. He was living
off of the proceeds that he took from average citizens.
And when you think about the amount and the time that
this went on, how can I not give him a guideline sentence?
And it's not like I'm giving him over guideline sentence.
This is a low end guideline sentence.
Honestly, when I saw what the government's
recommendation was after I read the presentence report, I was
kind of flabbergasted that they were going so low, that they
were doing such a low variance. And now I understand the
reason was they didn't understand his criminal history.
But I'll tell you something, even criminal history or
not, this, as I said, may be the worst case of continual fraud
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that I have seen since I have been on the bench.
And you know something? I have given out sentences
that are even higher than this. There was someone that was a
tax fraudster that got a number of years even more than
Mr. Fayne is getting. And so I looked at that sentence and I
said I gave that guy this sentence, how can I give Mr. Fayne
50 percent of that? I can't.
This is the only -- this is a fair and reasonable
sentence, Mr. Fayne. I mean, you earned it. You earned this
sentence by what you did to these people and what you did with
respect to the PPP loan.
Now, that said, I think you're 38 years old now,
you're going to get some good time when you're in prison. I
can't calculate exactly when you will get out, but you're
still going to be a young man, 50s is a young guy, when you
get out.
If you are truly remorseful, and it sounds to me like
the first time you may have been truly remorseful is when you
made the statement to me just earlier today -- and I hope it's
true. I hope it's real. I really do. You will have a lot of
time to think about this.
But I want you to -- when you come out, you're still
going to have kids, you're still going to have a family. You
are going to have the rest of your life and it's going to be
toward the latter part of your years.
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And you're going to have to make a decision at that
point and that is what can I do to rectify what I have done?
And that is making a regular living like everyone else.
That is maybe reaching out to some of these people
whose lives you have changed forever in the negative. And
it's not -- let's face it, the odds of you paying back $4.4
million are slim and none. You're going to pay some money
back, maybe some of these people will see something from it.
But there's also making it right either from a
religious perspective or from just a common decency
perspective. And you're going to have that opportunity to do
that and to set an example for your kids and for the rest of
your family.
You will pay for what you have done, but take those
last 20 or 25 years of your life and try to do something good
for once and make some of this right.
I can tell you this. If you get out and you go back
to this, well, then, you're going to sentence yourself to life
next time. But that will be your choice. Nobody in your
family would want that for you and I hope you don't do that.
I have considered the need for the sentence imposed
to reflect the seriousness of the offense. As I have talked
about, this is -- and I can't overstate this, this is the most
serious fraud that I have seen.
I have considered the need for the sentence imposed
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to afford adequate deterrence. And this is double deterrence.
It's not only deterrence for Mr. Fayne, who needs deterrence,
it's general deterrence.
People have to understand that when you rip off the
number of people and in the amounts that were ripped off in
this case, you're going to serve a heavy penalty.
And I have considered the need to protect the public,
which is needed in this case.
I have considered the kinds of sentences available,
the kinds of sentence and the sentencing range established for
this offense as set forth in the guidelines. This is a low
guideline sentence.
I have considered any policy statement that's
pertinent.
The need to avoid sentence disparity. And I will
tell you right now, this is not a disparate sentence. This
fits in along the lines of the most severe sentences that I
have given for mail and wire fraud and bank fraud since I have
been on the bench. It's not outside of the range of what I
have done in similar circumstances.
And I have considered the need to provide restitution
to victims.
The sentence meets the criteria of punishment,
deterrence and incapacitation, and is sufficient but not
greater than necessary to comply with the directives of
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Section 3553(a).
To Ms. Wolf and Mr. Frank and to the other victims in
this case, there is nothing that I can do today that's going
to make up for what was done to you. If putting Mr. Fayne in
prison for the rest of his life would rain money on all of
you, I would do it. But it's not.
I'm doing what I think is a reasonable and fair
sentence in this case. But I just want to say to you, to
thank you for coming into the courtroom today and I am sorry
for what happened. And I hope the two of you still have each
other even after all of this.
Does the government have any objection to the
findings of the Court, the guideline calculations, the
sentence or the manner in which it has been pronounced?
MR. PHILLIPS: No, your Honor.
THE COURT: Does the defendant have the any objection
to the findings of the Court, the guideline calculations, the
sentence or the manner in which it has been pronounced?
MS. DURRETT: Your Honor, we object to the
substantive reasonableness of the sentence.
Thank you.
THE COURT: All right. Mr. Fayne, you can appeal
your conviction if you believe that your guilty plea was
somehow unlawful or involuntary, or if there is some other
fundamental defect in the proceedings that was not waived by
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your guilty plea.
You also have the statutory right to appeal your
sentence under certain circumstances, particularly if you
think the sentence is contrary to law.
However, a defendant may waive those rights as part
of a plea agreement, and you have entered into a plea
agreement which, with very limited exceptions, waives most of
your rights to appeal the sentence itself.
Such waivers are generally enforceable, but if you
believe the waiver was somehow unenforceable you can present
that theory to the appellate court.
With few exceptions any notice of appeal must be
filed within 14 days of judgment being entered in your case.
If you are unable to pay the cost of your appeal, you
can apply for leave to appeal without payment of fees and if
you ask the clerk of court they would file a notice of appeal
on your behalf.
I know if you have any further questions regarding
your rights to appeal in this matter, your attorney
Ms. Durrett will be glad to advise you further.
Mr. Fayne, do you have any questions about anything
the Court has said at today's sentencing hearing?
THE DEFENDANT: No, sir.
THE COURT: Anything further, on behalf of the
government?
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MR. PHILLIPS: No, your Honor.
THE COURT: Anything further, on behalf of the
defendant?
MS. DURRETT: Your Honor, I know the Court can't
control where Mr. Fayne is placed, but if the Court would be
inclined to recommend he be placed in a facility near
Texarkana, so he can be close to his family, we would
appreciate that.
THE COURT: All right. I'll make that recommendation
in the J&C.
As you know, Ms. Durrett, it's just a recommendation.
It will be up to the Bureau of Prisons as to where he actually
serves, but I will request that he serve his sentence in a
facility close to Texarkana.
MS. DURRETT: Thank you, your Honor.
THE COURT: Court stands in recess.
(Proceedings were adjourned at 11:26 a.m.)
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REPORTER'S CERTIFICATE
I, Judith M. Wolff, Certified Realtime Reporter and
Official Court Reporter for the United States District Court
for the Northern District of Georgia, with offices at Atlanta,
do hereby certify:
That I reported on the Stenograph machine the
proceedings held in open court on Tuesday, September 14, 2021
in the matter of USA v Maurice Fayne, Case No.
1:20-cr-00228-MHC;
That said proceedings in connection with the hearing
were reduced to typewritten form by me; and that the foregoing
transcript is a true and accurate record of the proceedings.
This the 16th day of October, 2021.
_______________________________
/s/ Judith M. Wolff, RPR, CRR
Official Court Reporter
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