Court filing - United States v. Maurice Fayne related docket (Doc. 270, filed 2022-06-23)

Summary

Document 270, filed 06/23/22 in No. 1:20-cr-00228-MHC-JKL in the U.S. District Court for the Northern District of Georgia, Atlanta Division, is a ten-page set of proposed voir dire questions from defendant Daniel Eric Jay, signed by his attorney L. Burton Finlayson. It asks that he be allowed to put the questions to prospective jurors, plus reasonable follow-up questions. They cover whether jurors know the lawyers, the judge, Maurice Fayne (aka Arkansas Mo) and named witnesses, whether they have worked for a start-up, a trucking company, Walmart, Amazon or UPS, and whether they or a friend or relative received a PPP loan. They also describe the charges as bank fraud, wire fraud and conspiracy to commit PPP loan fraud, then ask about burden of proof, news coverage, background and jury experience. A certificate of service follows, and no ruling appears.

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA
)
 
)
)
v.                               
)     1:20-CR-228-2 (MHC) (JKL)
)
)
DANIEL ERIC JAY
)  
____________________________
)
DANIEL ERIC JAY’S
PROPOSED VOIR DIRE QUESTIONS 
COMES NOW, Defendant DANIEL ERIC JAY, by and through the
undersigned attorney, and asks that he be allowed to ask the following questions
during the voir dire process, and that he be allowed to ask reasonable natural or
routine follow-up questions generated from the responses provided by the
prospective jurors:  
[GENERAL QUESTIONS]
RELATIONSHIP WITH PERSONS IN CASE 
a.    Does anyone here know the attorney for Mr. Jay:  Leigh Burton Finlayson ? 
b.   Does anyone here know the attorneys for the United States including the U.S.
Attorney, Ryan Buchanan, Assistant U.S. Attorney John Russell Phillips or 
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Assistant U.S. Attorney Bernita Malloy ?
c. Is anyone here related to or acquainted with any secretary, investigator, 
attorney or employee of the United States Attorney’s office? 
d. Is anyone here employed by a law enforcement agency, related to or closely 
acquainted with any employee of a state, county or a federal law enforcement 
agency such as the Small Business Administration - Office of Inspector General 
(OIG), or the FBI ? 
e. Has anyone here ever worked as a volunteer or employee for any law 
enforcement agency or prosecutor's office on  the local, state, or federal level ?
f. Has anyone here ever worked for any prison, jail or  correctional institution?
g. Does anyone here  know Judge Cohen ?
h. Anyone here know any other judges at the State or Federal level?
i. Anyone here know or heard of any of the following individuals or entities:
i.
MAURICE FAYNE, aka “Arkansas Mo” ?
ii.
Fayne Trucking Company, also called Flame Trucking Company
iii. MICHAELSARGENT
2
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iv.   CARRIE CAPONE
v.    SBA-OIG agent SARA OLIVER
                 [Other agent names to be supplied].
vi.    ELIZABETH BAUN
vii.   LAURA WOLF 
viii.  DARRON BROWN.
       [Other witness names to be provided].
j.  Does anyone here know any of the other prospective jurors? 
k.   Who here has started their own business ?
l.   Who here, other than the people who just raised their hands, has worked for 
        a start-up company or business ?
ml. .     Who here has used an on-line dating service, like “Match dot.com” or “E
Harmony” ?
n.    Anyone here have worked for Walmart ? 
o.     Who here has worked for Amazon ?
p.      Who has worked for UPS ?
3
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q.      Who has worked for a trucking company ?
r.       Who here has watched the TV show, “Love and Hip Hop” ?   
s.        Who here follows or watches boxing ?
t.        Who here likes going to casinos ? 
u.      Who here has been the victim of a fraud or scam, or has a close friend or
family member who has been a victim of a scam or fraud ?
v.   
Who here has been the victim of a serious crime, or had a close friend or
family member be a victim of a serious crime ?
w.   
Who here has ever invested in a private business venture, such as a real         
 state project or start-up company, (something other than just investing in
the stock market). 
x.       Who here has received or applied for a PPP [Paycheck Protection Program]
loan ?
y.       Who here has a close friend or relative who has received a PPP loan ? 
z.       Besides those questions asked by the Court and us today, do any of you
know w   h  a  t  this case is about? 
NATURE OF THE CHARGES.
aa.    In this case, the Government has charged, Mr. Jay with an offenses involving 
bank fraud, wire fraud and conspiracy to commit PPP loan fraud with a man
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named MAURICE FAYNE, aka “Akansas Mo,” and others.  Is there anything
about the nature of these charges that would make it difficult for any of you to sit
as a fair and impartial juror? 
bb.  Has anyone here, or someone close to you, ever been charged with a crime? 
cc.  Does anyone here have strong feelings about defense attorneys or lawyers who 
             represent people accused crimes? 
LEGAL PRINCIPLES
A.   In a criminal case the burden is on the prosecution to prove their case against   
       the defendant beyond a reasonable doubt.  Does anyone have any problems      
       with the burden being placed on the prosecution? 
B.   Does anyone have any problem with the idea that under our Constitution the     
     defendant is not required to prove anything? 
C. 
Does anyone have any problem with the idea that a defendant is presumed   
innocent of the charges against him? 
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D.   
Does anyone have a problem with withholding judgment and not making
any decision about this case until you have heard all of the evidence and are
in the process of deliberating with the other jurors? 
E.    Has anyone read any newspapers, seen any news reports, or heard                
any news reports on the internet concerning anything about MAURICE
FAYNE,  DANIEL ERIC JAY or this case? 
F.   
Has anyone heard anybody discussing this case? 
G.   
Other than this voir dire process, has anyone discussed this case with
anybody? 
I.    Has anyone here already formed an opinion about this case? 
INDIVIDUAL QUESTIONS
1.  Where born? 
2.  What is your educational background? 
3.  Tell us about your job.  What do you do ?
4.   If working, do you supervise people ?   How many ? 
5.  What is your marital status? 
6
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6.   What does your spouse do if employed ?
7 .  Where (cities or towns) have you lived in for the last ten (10) years? 
8.   Do you have children? If so, please give sex, age, education, employment,
place of residence, whether they are married, and if so, spouse's employment. 
9.   What magazines, newspapers, or periodicals do you normally read ? 
10.  What television programs do you normally watch ? 
11.  Where / how do you get most of your daily news or information? 
12.  Do you belong to any fraternal, civic, religious or social organization? If so,
which ones?  How long have you been a member?  What is your role and the
nature and extent of your participation? 
13.  How do you spend your time when you are not working? 
JURY AND WITNESS EXPERIENCE 
14.   Have you ever appeared as a witness before in a court proceeding ? 
 
If so, when and where? 
15.   Have you ever appeared as a witness in a criminal prosecution? 
16.   Have you ever served on a Grand Jury?  If yes, when and where? 
17.   Have you ever had any jury experience before? If so, what kind and on how    
         many juries have you served? 
7
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18.    Were these in criminal or civil cases?  (If in criminal cases): 
i.       What kind of case was it? 
ii.      Was it state or federal?
iii.     Did you reach a verdict? 
iv.      Were you the foreperson ?
v.     Did any of the criminal cases you heard in previous jury duty affect
you in such a way as to make it difficult to sit on future criminal
trials? 
19.    Have you served in the military?  If so, what branch, how long and what rank
did you achieve? 
20.  
Did you ever serve as a member of any court martial? 
21.  
While you were a member of the armed forces, were you ever assigned to
any duties involving the military police or investigative work? 
22.     Do you want to be a juror? 
WHEREFORE, DANIEL ERIC JAY asks that his counsel be allowed to ask
prospective jurors the questions submitted herein and be allowed to ask reasonable
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follow-up questions in response to those answers given. 
  
Dated:  This 23rd day of June, 2022.
Respectfully submitted,
 
s/ L. Burton Finlayson 
L. BURTON FINLAYSON
Attorney For DANIEL JAY
Georgia Bar Number: 261460
LAW OFFICES OF
L. BURTON FINLAYSON, LLC 
931 Ponce de Leon Avenue, NE
Atlanta, Georgia 30306
(404) 872-0560
lbfcourts@aol.com
9
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CERTIFICATE OF SERVICE
This is to certify that I have this day electronically filed the foregoing
Proposed Voir Dire with the Clerk of Court using the CM/ECF system which will
automatically send email notifications of such filing to all counsel of record
including the following:
     Mr. Russell Phillips . 
     Assistant United States Attorney
     600 U.S. Courthouse
     75 Ted Turner Drive, S. W.
     Atlanta, Georgia  30303
DATED:  This 23rd day of June, 2022.
 s/ L. Burton Finlayson 
L. BURTON FINLAYSON
ATTORNEY FOR DANIEL JAY   
 State Bar Number: 261460   
  
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