Court filing
Information - United States v. Maurice Fayne related docket
Record facts
| Court | U.S. District Court for the Northern District of Georgia |
|---|---|
| Filed | 2021-10-22 |
U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00228-MHC-JKL · Doc. 250 · 2021-10-22 · Docket on CourtListener
Summary
A transcript of the December 17, 2020 videoconference arraignment on the second superseding indictment in United States v. Maurice Fayne, No. 1:20-cr-00228-MHC-JKL, in the U.S. District Court for the Northern District of Georgia, filed October 22, 2021 (Doc. 250). Before Magistrate Judge Justin S. Anand, Fayne confirms he is representing himself, and the court lists the charges, including wire fraud conspiracy, bank fraud, money laundering and aggravated identity theft. Fayne declines to enter a plea, and the court directs the clerk to enter a plea of not guilty. The prosecutor states that Fayne returned discovery shipped to him, and the court orders the government to meet its Brady obligations. Fayne asks for an investigation into privileged emails he says appeared in discovery; the court refers him to Judge Larkins.
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Full text
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
United States of America, ZOOM Videoconference
vs. Docket No.
1:20-cr-00228-MHC-JKL
Maurice Fayne,
Defendant.
TRANSCRIPT OF ZOOM VIDEOCONFERENCE
ARRAIGNMENT OF SECOND SUPERSEDING INDICTMENT
BEFORE THE HONORABLE JUSTIN S. ANAND
UNITED STATES MAGISTRATE COURT JUDGE
THURSDAY, DECEMBER 17, 2020
Appearance of Counsel:
For the Plaintiff: John Russell Phillips, Esq.
Assistant United States Attorney
For the Defendant(standby) Mark R. Jeffrey, Esq.
Jeffrey Law Group, 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
Transcribed From Digitally-Recorded Audio
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Case 1:20-cr-00228-MHC-JKL Document 250 Filed 10/22/21 Page 1 of 10
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(Court was called to order at 9:35 a.m.)
THE COURT: This is the case of United States of
America vs. Maurice Fayne, Case No. 1:20-cr-228.
Representing the United States is assistant United
States attorney Russell Phillips. And representing himself in
this case is the defendant, Maurice Fayne.
I am here in court, open court. We have both
Mr. Phillips and Mr. Fayne present by videoconference for this
arraignment on the second superseding indictment.
So let me first ask Mr. Fayne, first of all, are you
still representing yourself in this matter? Or do you have
counsel?
THE DEFENDANT: No counsel, your Honor.
THE COURT: Okay. You have the right to be present
here in court for this arraignment with myself and with
counsel for the government and to be physically in the
courtroom with us.
It's my understanding, though, that you have
consented -- well, essentially that you're waiving your right
to personal appearance here in court and consenting to this
proceeding occurring by videoconference, again, with me here
in court but you on videoconference along with Mr. Phillips;
is that true? Are you consenting to do that?
THE DEFENDANT: Yes, your Honor.
THE COURT: Okay. I was just informed that
USA v Fayne December 17, 2020 Arraignment
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Case 1:20-cr-00228-MHC-JKL Document 250 Filed 10/22/21 Page 2 of 10
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Mr. Jeffrey, who was appointed as stand-by counsel, is logging
in as well. So let's wait a moment.
(Pause.)
Well, we'll just go forward, and if he joins us, then
we will be -- he'll catch up at that time.
Mr. Fayne -- oh. Hello, Mr. Jeffrey. Good morning.
Mr. Fayne, have you received a copy of the second
superseding indictment bearing the number of this case?
THE DEFENDANT: Yes. Yes, your Honor.
THE COURT: Okay. It charges you with conspiracy to
commit wire fraud in Count 1;
With specific acts of wire fraud in Counts 2 through
4;
With bank fraud in Count 5;
With making a false statement to a financial
institution insured by the FDIC in Count 6;
With several acts of what's referred to as
concealment money laundering, in other words, engaging in
transactions to conceal the source of money in Counts 7
through 16;
With transactional money laundering in Counts 17
through 19, meaning engaging in transactions with the proceeds
of specified unlawful activity;
And with aggravated identity theft in count 20.
Have you read the superseding indictment and do you
USA v Fayne December 17, 2020 Arraignment
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Case 1:20-cr-00228-MHC-JKL Document 250 Filed 10/22/21 Page 3 of 10
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have an understanding of what you're charged with?
THE DEFENDANT: I read it, your Honor. I mean, I
don't understand the nature and the cause of it, but I did
read it.
THE COURT: Okay. Do you waive formal reading of the
indictment here in court?
THE DEFENDANT: Yes, your Honor.
THE COURT: Okay. As an arraignment, we just need to
obtain your not guilty plea to the indictment. Do you in fact
enter a plea of not guilty to this indictment?
THE DEFENDANT: At this point, your Honor, I do not
wish to enter a plea.
THE COURT: Okay. I'm obliged to -- okay. So I'm
going to direct the clerk to enter your plea of not guilty on
the record. That's the only plea that can occur here in this
proceeding.
Mr. Phillips, is there any new Rule 16 discovery
related to any of the changes in this indictment?
MR. PHILLIPS: There is, your Honor.
THE COURT: Okay.
MR. PHILLIPS: And as the Court may know, when we
produced discovery at the original arraignment, we shipped it
to the defendant's residence by Federal Express. The
defendant refused to accept it and he shipped it back to our
office by Federal Express.
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Case 1:20-cr-00228-MHC-JKL Document 250 Filed 10/22/21 Page 4 of 10
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We talked about this on the record with Judge
Larkins, and I asked the defendant to provide us with a hard
drive so that we could copy the discovery for him if he was
interested in that.
He provided a hard drive that had to be installed
inside a computer, not a USB external hard drive.
I explained to him on the record in court with Judge
Larkins that we couldn't do that, that our I.T. people could
not take apart a computer and install a hard drive for him and
that he needed to provide something that could be connected by
USB. And, so far, he has refused to do that.
So he has not indicated a desire to receive the
discovery.
We stand ready, willing, and able to provide that as
soon as he will provide us with the necessary external USB
hard drive so that we can copy it for him. We have a large
amount of discovery and we're ready to provide it.
THE COURT: All right. Matters of discovery and any
disputes about the method of production obviously are for
Judge Larkins, not for myself.
But Mr. Fayne, you've heard Mr. Phillips say there is
additional discovery and actually original discovery that they
are ready to produce to you and available to produce to you.
That's something I leave for you to work out with counsel for
the government and, if there are disputes, that goes to Judge
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Case 1:20-cr-00228-MHC-JKL Document 250 Filed 10/22/21 Page 5 of 10
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Larkins.
But on the subject of discovery, I'll add that
pursuant to the Due Process Protections Act and Federal Rule
of Criminal Procedure 5(f), the government is ordered to
adhere to the disclosure obligations set forth in Brady vs.
Maryland and it's progeny, and to provide all materials and
information that are arguably favorable to the defendant in
compliance with those obligations.
Exculpatory material shall be provided sufficiently
in advance of trial to allow a defendant to use it
effectively, and is not limited to information that would
constitute admissible evidence.
The failure of the government to comply with its
Brady obligations in a timely manner may result in serious
consequences including, but not limited to, the suppression or
exclusion of evidence, the dismissal of some or all counts,
adverse jury instructions, contempt proceedings, and other
remedies that are just under the circumstances.
That's all for purposes of this arraignment.
Anything else at this time, for the Court?
THE DEFENDANT: May I address the Court, your Honor?
THE COURT: Yes, sir.
THE DEFENDANT: Speaking of discovery and things, I
brought the issue to Mr. Russell Phillips before, I believe
that this presumed prejudice with the discovery some emails
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Case 1:20-cr-00228-MHC-JKL Document 250 Filed 10/22/21 Page 6 of 10
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and text messages between my former counsel and I, privileged
information, was shared with the codefendant's attorney.
I brought that up to Mr. Phillips. He asked me why
did I feel the way I felt, but I really would like to move the
Court or ask the Court to do a full investigation to see how
the privileged information ended up in discovery.
As recently as about two days ago, I was contacted by
a news blog that somebody was trying to sell -- I didn't get
to see just who yet, it was a news source -- that someone was
trying to sell the email exchange between my former attorney
and I for the public to see.
THE COURT: Well, Mr. Fayne, I'm going to direct you
to address any such issues you have about discovery or
anything else relating to the substance of your case to Judge
Larkins, who is the magistrate judge assigned to your case.
I know it's confusing, you've dealt with different
judges. But I am here on duty, meaning I'm handling all
arrangements and initial proceedings in any new cases
including, in this case, a superseding indictment. That's my
sole role here.
And as it happened, I also was the judge on duty when
you were initially arrested so I issued your bond, so issues
of bond have come to me in your case.
But substantive issues in your criminal case,
including issues you have with regard to discovery, the
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Case 1:20-cr-00228-MHC-JKL Document 250 Filed 10/22/21 Page 7 of 10
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documents and the merits of your case go to different judges.
Judge Larkins is the magistrate judge assigned to
your case; Judge Cohen is the district judge before whom
ultimately any trial would occur.
So those are the judges handling the substantive
issues in your case. Not me.
So I'm going to decline -- it's not my role to be
addressing any of those things you have just raised. Those
would be something you raise in front of these other judges.
Okay?
THE DEFENDANT: Yes, your Honor.
THE COURT: All right. We will be in recess.
Thank you very much.
MR. JEFFREY: Your Honor, I briefly want to say I
apologize for -- apparently there was an earlier link. But I
apologize for joining late.
I just want to let the Court to know that I thought
there was another link coming. I apologize for any
inconvenience to the court very much.
THE COURT: No problem. We appreciate your presence
here even, though you're not formally representing Mr. Fayne.
I appreciate your presence.
MR. JEFFREY: Of course, your Honor.
THE COURT: And I'll wish everyone happy holidays and
hope everyone stays healthy and safe.
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MR. JEFFREY: Thank you, your Honor. You too.
MR. PHILLIPS: Thank you, Judge.
THE DEFENDANT: Thank you, your Honor.
(Proceedings were adjourned at 9:48 a.m.)
USA v Fayne December 17, 2020 Arraignment
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Case 1:20-cr-00228-MHC-JKL Document 250 Filed 10/22/21 Page 9 of 10
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TRANSCRIBER'S CERTIFICATION
I, Judith M. Wolff, a Certified Realtime Reporter,
with offices in Atlanta, Georgia, do hereby certify:
That I transcribed the proceedings digitally recorded
on Thursday, December 17, 2020, in the matter of USA vs.
Maurice Fayne, aka Arkansas Mo, Case No. 1:20-cr-00228-MHC;
That said audio recording of the proceedings were
reduced to typewritten form by me;
And that the foregoing transcript is a true and
accurate record of the proceedings.
Date: October 18, 2021
s/ JUDITH M. WOLFF, CERTIFIED REALTIME REPORTER
Signature of Transcriber
USA v Fayne December 17, 2020 Arraignment
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