Indictment - United States v. Maurice Fayne related docket

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00228-MHC-JKL · Doc. 266 · 2022-06-16 · Docket on CourtListener

Summary

The Government's Proposed Voir Dire Questions, filed June 16, 2022 as Document 266 in United States of America v. Daniel Eric Jay, No. 1:20-cr-00228-MHC-JKL, in the U.S. District Court for the Northern District of Georgia. The government asks to put a numbered list of questions to the jury panel. The questions name the FBI and the SBA Office of Inspector General as investigating agencies and describe the Indictment as charging Defendant Jay, Mike Sargent, Mark Sargent and Maurice Fayne with wire fraud and conspiracy to commit wire fraud, and Jay and Fayne with bank fraud over a Paycheck Protection Program loan from United Community Bank. Other questions ask about jurors' experience with law enforcement, banks, PPP loans, fraud and cooperating co-defendants. The filing is signed by Assistant United States Attorneys John Russell Phillips and Bernita B. Malloy.

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IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
 
UNITED STATES OF AMERICA 
v. 
DANIEL ERIC JAY 
CRIMINAL INDICTMENT 
1:20-CR-228-MHC-JKL 
SECOND SUPERSEDING 
 
Government’s Proposed Voir Dire Questions 
The United States of America respectfully requests that its counsel be 
permitted to ask the following questions (and reasonable follow-up questions) to 
the members of the jury panel during voir dire. 
Respectfully submitted, 
RYAN K. BUCHANAN 
United States Attorney 
 
/s/ John Russell Phillips 
JOHN RUSSELL PHILLIPS 
Assistant United States Attorney 
Georgia Bar Number 576335 
 
/s/ Bernita B. Malloy 
BERNITA B. MALLOY 
Assistant United States Attorney 
Georgia Bar Number 718905 
600 U.S. Courthouse 
75 Ted Turner Drive, SW 
Atlanta, GA 30303 
(404) 581-6000 
Case 1:20-cr-00228-MHC-JKL     Document 266     Filed 06/16/22     Page 1 of 7

Page 2 of 7 
 
1. 
This case was investigated by the FBI and the Small Business 
Administration (SBA) Office of Inspector General. Seated next to us are 
Special Agent Monika Staeva of the FBI and Special Agent Sara Oliver of 
the SBA-OIG. Have you ever met either of these agents? 
2. 
Do any of you know Shannon Dyer-Vencill, a paralegal in the United 
States Attorney’s Office? 
3. 
Have you or any member of your immediate family ever worked in law 
enforcement? 
4. 
Do you have any strong opinions concerning law enforcement that might 
affect your ability to render a fair and impartial verdict in this case? 
5. 
Have you or any member of your immediate family ever had any 
unpleasant experience with law enforcement? 
(a) 
Which agency? 
(b) 
What happened? 
(c) 
Would that affect your ability to render a fair and impartial verdict 
in this case? 
6. 
Have you or any member of your immediate family ever been involved in 
a lawsuit in which the United States or any state or local government was a 
party? 
(a) 
If so, what kind of case was it? 
(b) 
Is the case over, or is it still in litigation? 
(c) 
Would that affect your ability to render a fair and impartial verdict 
in this case? 
7. 
The Indictment charges Defendant Jay with wire fraud and conspiracy to 
commit wire fraud. The Indictment also charges three other people with 
Case 1:20-cr-00228-MHC-JKL     Document 266     Filed 06/16/22     Page 2 of 7

 
those same offenses:  Mike Sargent, Mark Sargent, and Maurice Fayne, 
a/k/a Arkansas Mo. 
(a) 
Do you know Mike Sargent or his twin brother Mark Sargent? 
(b) 
Do you know, or have you ever heard of, Maurice Fayne, a/k/a 
Arkansas Mo? 
8. 
The Indictment alleges that the victims of the wire fraud and conspiracy to 
commit wire fraud are people who invested in a trucking company owned 
by Maurice Fayne, a/k/a Arkansas Mo. Have you ever owned, worked 
for, or invested in a trucking company? 
9. 
The Indictment also charges Defendant Jay and Maurice Fayne, a/k/a 
Arkansas Mo, with bank fraud. And the Indictment alleges that the victim 
of the bank fraud was a federally insured financial institution called 
United Community Bank. 
(a) 
Have you ever been employed by, owned stock in, or done business 
with United Community Bank? 
(b) 
If so, would that affect your ability to render a fair and impartial 
verdict in this case? 
10. 
The bank fraud charge in the Indictment alleges that Defendant Jay and 
Maurice Fayne, a/k/a Arkansas Mo, caused United Community Bank to 
make a Paycheck Protection Program (“PPP”) loan to Fayne’s trucking 
company. 
(a) 
Did you or any member of your immediate family apply for a PPP 
loan? 
(b) 
In what business name was the application filed? 
(c) 
Was the loan funded? 
11. 
Have you ever been employed by a bank, a credit union, or any business 
that loaned money to people? 
Case 1:20-cr-00228-MHC-JKL     Document 266     Filed 06/16/22     Page 3 of 7

 
(a) 
If so, what was the name of your employer? 
(b) 
What was your job title? 
12. 
You may hear testimony in this case from witnesses who work in the 
banking industry. Is there anything that you’ve experienced, heard, or 
read about the banking industry that would cause you to be biased against 
those witnesses? 
13. 
Do you have any strong feelings about the Government calling a 
cooperating co-defendant to testify in exchange for a promise from the 
Government that the Government will recommend a lighter sentence? 
14. 
Would you tend to not believe the testimony of a witness solely because 
that person is a cooperating co-defendant? 
15. 
Have you or any member of your immediate family ever attended law 
school? If so, 
(a) 
Who? 
(b) 
What law school? 
(c) 
What type of law does that person practice? 
16. 
Have you or any member of your immediate family ever worked in any 
capacity for a law firm or organization that defended people accused of 
committing crimes? If so, 
(a) 
What was the name of the law firm or organization? 
(b) 
What was your (or your family member’s) job title? 
17. 
Do you have any education or training in accounting? 
(a) 
If so, please explain. 
18. 
Do you own your own business? If so, 
Case 1:20-cr-00228-MHC-JKL     Document 266     Filed 06/16/22     Page 4 of 7

 
(a) 
For how long? 
(b) 
What type of business? 
(c) 
How many employees? 
19. 
Have you ever been the victim of any type of fraud? If so, 
(a) 
What happened? 
(b) 
Would that experience affect your ability to render a fair and 
impartial verdict in this case? 
20. 
Have you ever been charged with a felony? If so, would you prefer to talk 
about it at the bench? 
(a) 
What crime was charged? 
(b) 
How was it resolved? 
(c) 
Would that experience affect your ability to render a fair and 
impartial verdict in this case? 
21. 
Do you have any feelings of sympathy toward a person who has been 
charged with a crime, which would make it hard for you to render a fair 
and impartial verdict in this case? 
22. 
Are you now, or have you ever been, a preacher, minister, priest, rabbi, 
youth minister, or other religious leader? 
23. 
Have you or any member of your immediate family ever belonged to or 
donated any money to any of the following groups: the ACLU, Prison 
Outreach, or the Fully Informed Jury Association? 
24. 
Do you consider yourself to be a sovereign citizen? 
25. 
Does any member of your family consider himself or herself to be a 
sovereign citizen? 
Case 1:20-cr-00228-MHC-JKL     Document 266     Filed 06/16/22     Page 5 of 7

 
26. 
Please look around the courtroom. Before today, have you ever met 
anyone else in this room? If so, please identify that person, and state how 
you know him or her? 
27. 
[If the Court qualifies the Government’s witness list, we ask that it also 
qualifies the Defendant’s witness list.] 
 
 
Case 1:20-cr-00228-MHC-JKL     Document 266     Filed 06/16/22     Page 6 of 7

 
CERTIFICATE OF SERVICE 
I hereby certify that, on June 16, 2022, I electronically filed the foregoing 
document with the Clerk of Court using the CM/ECF system. 
 
JOHN RUSSELL PHILLIPS 
ASSISTANT UNITED STATES ATTORNEY 
GEORGIA BAR NO. 576335 
 
 
 
600 U.S. Courthouse 
75 Ted Turner Drive, SW 
Atlanta, GA 30303 
(404) 581-6000 
Case 1:20-cr-00228-MHC-JKL     Document 266     Filed 06/16/22     Page 7 of 7

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