Discovery Response — United States v. Philossaint (Dkt. 44, S.D. Fla.)

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The government's Discovery Response in United States of America v. Joff Stenn Wroy Philossaint, Mariel Tollinchi, Regine Marie Rene, and Brianna Monique Gayle, Case No. 22-CR-80144-SMITH/MAYNARD, in the U.S. District Court for the Southern District of Florida, filed September 23, 2022 under Local Rule 88.10 and Federal Rule of Criminal Procedure 16. It states that the government has provided an encrypted hard drive to counsel for Philossaint, Rene and Gayle. The response describes reports of oral statements, Rene's recorded post-arrest statement, jail telephone call recordings, loan applications and correspondence with the SBA, banks and ADP, and contents of a cellular telephone recovered from Philossaint. It states that no defendant testified before the grand jury, and it is followed by a discovery index dated September 23, 2022.

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Case 9:22-cr-80144-RS Document 44 Entered on FLSD Docket 09/23/2022 Page 1 of 11




                            UNITED STATES DISTRICT COURT
                            SOUTHERN DISTRICT OF FLORIDA

                          Case No. 22-CR-80144-SMITH/MAYNARD


 UNITED STATES OF AMERICA

 vs.

 JOFF STENN WROY PHILOSSAINT,
 MARIEL TOLLINCHI,
 REGINE MARIE RENE, and
 BRIANNA MONIQUE GAYLE,

                       Defendants.
                                          /

                                   DISCOVERY RESPONSE

        The United States of America, by and through the undersigned Assistant United States

 Attorney, respectfully files this Discovery Response, which complies with Local Rule 88.10 and

 Federal Rule of Criminal Procedure 16. Defendants Philossaint, Tollinchi, and Gayle have asked

 for entry of the Standing Discovery Order (DE35, DE37, DE 38). The Government anticipates

 that Defendant Rene will also ask for entry of the Standing Discovery Order at her arraignment.

 Accordingly, on today’s date, the Government has provided an encrypted hard drive to counsel for

 defendants Philossaint, Rene, and Gayle1 containing the following items:

        (A) Defendants’ Oral Statements: A report of defendant Philossaint’s encounter with
            CBP officers at the Miami International Airport upon his re-entry into the United States
            in June 2022 is included because it contains the substance of oral statements made by
            the defendant, before arrest, in response to interrogation by a person the defendant
            knew was a government agent. At this time, the government does not intend to use
            those statements. A report of defendant Philossaint’s proffer statement, which
            contains the substance of a relevant oral statement made by the defendant, after arrest,


        1
          The blank hard drive has not yet been received from counsel for defendant Tollinchi.
 Upon receipt, the items mentioned herein will be copied onto the hard drive and returned to
 Tollinchi’s attorney. It should be noted that counsel for defendants Tollinchi, Rene, and Gayle
 received early production of materials related specifically to their clients.

Case 9:22-cr-80144-RS Document 44 Entered on FLSD Docket 09/23/2022 Page 2 of 11




          in response to interrogation by a person the defendant knew was a government agent,
          will be produced upon receipt. The government’s ability to use the proffer statement
          at trial is limited by the terms of the proffer agreement (which will be produced with
          the report).

          A report of defendant Rene’s post-arrest statement is attached.   That statement also is
          recorded, and is discussed in item (B).

          The government is unaware of any oral statements by defendants Tollinchi and Gayle,
          in response to interrogation by a person the defendant knew was a government agent,
          that the government intends to use at trial.

       (B) Defendants’ Written or Recorded Statements: Defendant Rene’s post-arrest
           statement was recorded, and a copy is provided on the hard drive. Recordings of
           defendant Philossaint’s and defendant Tollinchi’s telephone calls from the Palm Beach
           County Jail are provided on the hard drive.

          There are a number of written loan applications and correspondence with the SBA,
          banks, and ADP that are attributed to each of the defendants. Copies of those written
          statements are provided on the hard drive.

          Defendant Philossaint’s written statements as part of his immigration proceedings are
          included only on defendant Philossaint’s hard drive. If the government determines
          that any of those materials are Brady or Giglio or otherwise relevant to the preparation
          of a co-defendant’s defense, then a copy will be provided to that co-defendant. Also,
          if a co-defendant believes that he/she needs access to defendant Philossaint’s A-file to
          prepare his/her defense, please contact the undersigned and counsel for Mr. Philossaint
          to address the matter.

          Please note that a cellular telephone was recovered from defendant Joff Philossaint.
          That cellular telephone contains emails, text messages, and voice messages from
          numerous individuals. Written statements of all of the defendants have been located
          on that phone and are produced on the hard drive. Recorded oral statements of
          defendants Philossaint and Rene have been located on that phone and are produced on
          the hard drive. It is possible that there are recorded oral statements of defendants
          Gayle and Tollinchi on the phone as well, although they have not yet been located. A
          complete copy of the portion of the cellular telephone that has been cleared by the
          USAO filter team has been provided to all defendants. (A complete copy of the entire
          cellular telephone has already been provided to counsel for defendant Philossaint.
          That was sent directly to him by AUSA Shannon Shaw, who leads the filter team.)

       (C) Grand Jury Testimony of the Defendant: No defendant testified before the grand
           jury.

       (D) Prior Criminal Record of the Defendant: Copies of the defendants’ NCIC and
           FCIC reports are contained on the hard drives.

                                               2

Case 9:22-cr-80144-RS Document 44 Entered on FLSD Docket 09/23/2022 Page 3 of 11




       (E) Documents and Objects: The hard drives contain the documents, data, and
           photographs within the government’s possession, custody or control, which are
           material to the preparation of the defendants’ defenses, or which the government
           intends to use as evidence at trial to prove its case in chief, or which were obtained
           from or belong to the defendants, including loan applications, real and counterfeit tax
           records, payroll records, bank records, government filings, emails, and cellular phone
           contents. It is believed that all evidence relevant to the case is contained within the
           hard drives, but additional items may be collected as the investigation is continuing.
           As new items come into the government’s possession, custody or control, they will be
           provided to the defendants via electronic uploads, or they will be invited to inspect
           them at a mutually convenient time at: the Office of the United States Attorney, 500
           S. Australian Ave, Suite 400, West Palm Beach, Florida.

          The items already provided electronically and provided with this discovery response
          are not necessarily copies of all the books, papers, documents, data, etc., that the
          government may intend to introduce at trial, but any additional items will be produced
          in advance of trial, as noted in the previous paragraph.

       (F) Reports of Examinations and Tests:              There were no physical or mental
           examinations or scientific tests or experiments made in connection with this case, with
           the exception of the Cellbrite extraction of the data from Joff Philossaint’s cellular
           telephone and the Cellbrite extraction of the data from the cellular telephone of an
           individual with initials A.O. Should the government determine that it intends to
           introduce any material from those telephones at trial, then it will produce reports of the
           extractions.

       (G) Expert Witnesses: At this time, the government does not intend to introduce any
           expert testimony at trial.

       DEMAND FOR RECIPROCAL DISCOVERY: Pursuant to the Standing Discovery
       Order, the United States requests the disclosure and production of materials listed in
       Section (b) of Local Rule 88.10.  This request is also made pursuant to Rule 16(b) of the
       Federal Rules of Criminal Procedure.

       L.R. 88.10(c): BRADY/GIGLIO INFORMATION: The government will disclose
       any information or material which may be favorable on the issues of guilt or punishment
       within the scope of Brady v. Maryland, 373 U.S. 83 (1963), and United States v. Agurs,
       427 U.S. 97 (1976).

              Please review the information produced herewith, as it may contain information that
              the defense deems favorable on issues of guilt or punishment.

       L.R. 88.10(d): WITNESS INDUCEMENTS: The government will disclose any
       payments, promises of immunity, leniency, preferential treatment, or other inducements
       made to prospective government witnesses, within the scope of Giglio v. United States,

                                                 3

Case 9:22-cr-80144-RS Document 44 Entered on FLSD Docket 09/23/2022 Page 4 of 11




       405 U.S. 150 (1972), or Napue v. Illinois, 360 U.S. 264 (1959).

              The government is unaware of any payments to any potential government witnesses.
              David Johnson is a prospective government witness. His proffer letter is included
              on the hard drive. He has been charged in S.D. Fla. Case No. 22-Cr-60201-
              Smith/Valle, and is expected to enter a guilty plea on September 26, 2022. His
              plea agreement will be made available after he enters his guilty plea.

       L.R. 88.10(e): PRIOR CONVICTIONS: The government will disclose any prior
       convictions of any alleged co-conspirator, accomplice or informant who will testify for the
       government at trial.

              David Johnson’s criminal history is included on the hard drive.       As additional
              witnesses are confirmed, their criminal histories will be provided.

       L.R. 88.10(f): IDENTIFICATION PROCEEDINGS: In some interviews that
       occurred after their arrests, some of the defendants were identified in photo arrays.
       Reports of those interviews and the photo arrays used are included on the hard drives.

       L.R. 88.10(g): AGENT NOTES: The government has advised its agents and officers
       involved in this case to preserve all rough notes.

       L.R. 88.10(h): F.R.E. 404(b): The government will timely advise the defendants of its
       intent, if any, to introduce at trial extrinsic act evidence pursuant to F.R.E. 404(b).
       Pursuant to Local Rule 88.10, the notice will be provided regardless of whether the
       evidence may be used in the case-in-chief, for impeachment or possible rebuttal, and will
       include the general nature of the evidence.

              You are hereby on notice that all evidence made available to you for inspection, as
              well as all statements disclosed herein or in any future discovery letter, may be
              offered in the trial of this cause, under F.R.E. 404(b) or otherwise (including the
              inextricably-intertwined doctrine).

       L.R. 88.10(i): ELECTRONIC SURVEILLANCE: None of the defendants is an
       aggrieved person, as defined in Title 18, United States Code, Section 2510(11), of any
       relevant electronic surveillance that was authorized pursuant to 18 U.S.C. § 2516 and 18
       U.S.C § 2518 and that has been unsealed in accordance with 18 U.S.C § 2518.

       L.R. 88.10(j): GRAND JURY TRANSCRIPTS: The government has ordered
       transcribed the Grand Jury testimony of all witnesses who will testify for the government
       at the trial of this cause.

       L.R. 88.10(k): TESTING OF CONTRABAND:                  No contraband is involved in this
       indictment.

       L.R. 88.10(l):   VESSEL USED IN OFFENSE:             Not applicable.

                                                4

Case 9:22-cr-80144-RS Document 44 Entered on FLSD Docket 09/23/2022 Page 5 of 11




        L.R. 88.10(m): FINGERPRINT EVIDENCE: The government is not aware of any
        latent fingerprints or palm prints which have been identified by a government expert as
        those of any of the defendants.

        L.R. 88.10(n): STIPULATIONS: The government will make every possible effort in
        good faith to stipulate to all facts or points of law the truth and existence of which is not
        contested and the early resolution of which will expedite trial. These stipulations will be
        discussed at a pre-trial conference.

        The government is aware of its continuing duty to disclose such newly discovered
 additional information required by the Standing Discovery Order, Rule 16(c) of the Federal Rules
 of Criminal Procedure, Brady, Giglio, Napue, and the obligation to assure a fair trial.

         A 153-page index of the electronic files contained on the hard drive, along with the
 size of each file and the file type, has been provided to counsel for each of the defendants.
 The entire index is not included in the court file because it contains account numbers and
 information regarding third parties. The first six pages of the index is included for the
 Court’s review. A redacted version of the complete index will be filed prior to trial. If
 counsel for any of the defendants has difficulty accessing any of the files, please contact the
 undersigned to resolve the issue.

                                                      Respectfully submitted,

                                                      JUAN ANTONIO GONZALEZ
                                                      UNITED STATES ATTORNEY

                                                        s/A. Marie Villafaña
                                                      A. MARIE VILLAFAÑA
                                                      ASSISTANT U.S. ATTORNEY
                                                      Florida Bar No. 0018255
                                                      500 South Australian Ave., Suite 400
                                                      West Palm Beach, FL 33401
                                                      Tel: (561) 820-8711/Fax: (561) 820-8777
                                                      ann.marie.villafana@usdoj.gov


                                 CERTIFICATE OF SERVICE

        I HEREBY CERTIFY that on September 23, 2022, a copy of this pleading was filed and
 served via CM/ECF upon counsel for the defendants.


                                                         s/A. Marie Villafaña
                                                      A. MARIE VILLAFAÑA
                                                      Assistant United States Attorney

                                                 5

Case 9:22-cr-80144-RS Document 44 Entered on FLSD Docket 09/23/2022 Page 6 of 11




                    PHILOSSAINT, ET AL. DISCOVERY INDEX
       HARD DRIVE CONTAINING THE FOLLOWING 14 FOLDERS AND 1 FILE



(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)



  THE CONTENTS OF EACH OF THE FOLDERS LISTED ABOVE ARE AS FOLLOWS:


  FOLDER (1), ENTITLED “All Jail Calls_ JPMT,” CONTAINS THE FOLLOWING:

 Case 9:22-cr-80144-RS Document 44 Entered on FLSD Docket 09/23/2022 Page 7 of 11
   PHILOSSAINT, ET AL. DISCOVERY INDEX
   SEPTEMBER 23, 2022

   FOLDER (2), ENTITLED “ALL SBA LOANS,” CONTAINS THE FOLLOWING:


(2)(a)
(2)(b)
(2)(c)
(2)(d)
(2)(e)
(2)(f)
(2)(g)
(2)(h)
(2)(i)
(2)(j)
(2)(k)
(2)(l)
(2)(m)
(2)(n)
(2)(o)
(2)(p)
(2)(q)
(2)(r)
(2)(s)
(2)(t)
(2)(u)
(2)(v)
(2)(w)
(2)(x)
(2)(y)
(2)(z)
(2)(aa)
(2)(bb)
(2)(cc)
(2)(dd)
(2)(ee)
(2)(ff)
(2)(gg)
(2)(hh)
(2)(ii)
(2)(jj)
(2)(kk)
(2)(ll)
(2)(mm)
(2)(nn)
(2)(oo)
(2)(pp)
(2)(qq)



                                         Page 2 of 153

         Case 9:22-cr-80144-RS Document 44 Entered on FLSD Docket 09/23/2022 Page 8 of 11
             PHILOSSAINT, ET AL. DISCOVERY INDEX
             SEPTEMBER 23, 2022

             FOLDER (2) (Continued):


      (2)(rr)
      (2)(ss)
       (2)(tt)
     (2)(uu)
     (2)(vv)
   (2)(ww)
     (2)(xx)
     (2)(yy)
     (2)(zz)
    (2)(aaa)
   (2)(bbb)
    (2)(ccc)
   (2)(ddd)
    (2)(eee)
     (2)(fff)
   (2)(ggg)
   (2)(hhh)
     (2)(iii)
     (2)(jjj)
   (2)(kkk)
     (2)(lll)
(2)(mmm)
   (2)(nnn)
   (2)(ooo)
   (2)(ppp)
   (2)(qqq)
     (2)(rrr)
    (2)(sss)
     (2)(ttt)
   (2)(uuu)
   (2)(vvv)
 (2)(www)
   (2)(xxx)
   (2)(yyy)
    (2)(zzz)
  (2)(aaaa)
 (2)(bbbb)
  (2)(cccc)
  (2(dddd)




                                                   Page 3 of 153

       Case 9:22-cr-80144-RS Document 44 Entered on FLSD Docket 09/23/2022 Page 9 of 11
           PHILOSSAINT, ET AL. DISCOVERY INDEX
           SEPTEMBER 23, 2022

           FOLDER (2) (Continued):



  (2)(eeee)
   (2)(ffff)
  (2)(gggg)
  (2)(hhhh)
    (2)(iiii)
    (2)(jjjj)
  (2)(kkkk)
    (2)(llll)
(2)(mmmm)
  (2)(nnnn)
  (2)(oooo)
  (2)(pppp)
  (2)(qqqq)
   (2)(rrrr)
   (2)(ssss)
    (2)(tttt)
  (2)(uuuu)
  (2)(vvvv)
(2)(wwww)
  (2)(xxxx)
  (2)(yyyy)
  (2)(zzzz)
 (2)(aaaaa)
 (2)(bbbbb)
 (2)(ccccc)
 (2)(ddddd)
 (2)(eeeee)
  (2)(fffff)
 (2)(ggggg)
 (2)(hhhhh)
   (2)(iiiii)




                                                 Page 4 of 153

          Case 9:22-cr-80144-RS Document 44 Entered on FLSD Docket 09/23/2022 Page 10 of 11
              PHILOSSAINT, ET AL. DISCOVERY INDEX
              SEPTEMBER 23, 2022

              FOLDER (2) (Continued):
      (2)(jjjjj)
   (2)(kkkkk)
      (2)(lllll)
 (2)(mmmmm)
   (2)(nnnnn)
   (2)(ooooo)
   (2)(ppppp)
   (2)(qqqqq)
     (2)(rrrrr)
    (2)(sssss)
      (2)(ttttt)
   (2)(uuuuu)
   (2)(vvvvv)
 (2)(wwwww)
   (2)(xxxxx)
   (2)(yyyyy)
    (2)(zzzzz)
   (2)(aaaaaa)
  (2)(bbbbbb)
   (2)(cccccc)
  (2)(dddddd)
   (2)(eeeeee)
    (2)(ffffff)
  (2)(gggggg)
  (2)(hhhhhh)
     (2)(iiiiii)
     (2)(jjjjjj)
  (2)(kkkkkk)
     (2)(llllll)
(2)(mmmmmm)
  (2)(nnnnnn)
  (2)(oooooo)
  (2)(pppppp)
  (2)(qqqqqq)
    (2)(rrrrrr)
   (2)(ssssss)
     (2)(tttttt)
  (2)(uuuuuu)




                                                    Page 5 of 153

        Case 9:22-cr-80144-RS Document 44 Entered on FLSD Docket 09/23/2022 Page 11 of 11
            PHILOSSAINT, ET AL. DISCOVERY INDEX
            SEPTEMBER 23, 2022

            FOLDER (2) (Continued):

  (2)(vvvvvv)
(2)(wwwwww)
  (2)(xxxxxx)
  (2)(yyyyyy)
   (2)(zzzzzz)
  (2)(aaaaaaa)
 (2)(bbbbbbb)
  (2)(ccccccc)
 (2)(ddddddd)
  (2)(eeeeeee)
   (2)(fffffff)
 (2)(ggggggg)




                                                  Page 6 of 153

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