Fourth Supplemental Response — United States v. Sutton et al. (Dkt. 310, S.D. W. Va.)

Record facts

U.S. District Court for the Southern District of West Virginia · No. 2:24-cr-00192 · Doc. 310 · 2025-07-08 · Docket on CourtListener

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UNITED STATES DISTRICT COURT  
 
SOUTHERN DISTRICT OF WEST VIRGINIA 
CHARLESTON 
 
 
UNITED STATES OF AMERICA 
 
 
v. 
 
 
 
 
 
 
CRIMINAL NO. 2:24-CR-00192-1 
 
 
KISHA SUTTON - 1 
 
FOURTH SUPPLEMENTAL RESPONSE OF THE UNITED STATES OF AMERICA TO 
DEFENDANT’S STANDARD DISCOVERY REQUESTS, NOTICE OF THE UNITED 
STATES INTENT TO OFFER EVIDENCE OF RECORDS OF REGULARLY 
CONDUCTED ACTIVITY, AND REQUEST OF THE UNITED STATES FOR 
RECIPROCAL DISCOVERY 
 
 
Pursuant to Rule 16 of the Federal Rules of Criminal 
Procedure, Rule 16.1(a) of the Local Rules of Criminal Procedure, 
and the Arraignment Order and Standard Discovery Request entered 
by the Court in this case, the United States of America, by 
counsel, herewith supplements its previous response as follows: 
 
Request E:  Permit the defendant to inspect and to copy or 
photograph books, papers, documents, data, photographs, tangible 
objects, building or places, or copies or portions of any of those 
items, if the item is within the government’s possession, custody 
or control, and (i) the item is material to preparing the defense; 
(ii) the government intends to use the item in its case-in-chief 
at trial; or (iii) the item was obtained from or belongs to 
defendant.  [Fed. R. Crim. P. 16(a)(1)(E)] 
 
Response:  
1. 
Today, the government provided a copy of a previously 
disclosed records certificate from Benworth Capital. The 
previous document did not contain a Bates number. The 
document produced today has been assigned Bates No. 
USAO-00014252. 
Case 2:24-cr-00192     Document 310     Filed 07/08/25     Page 1 of 4 PageID #: 1732

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2. 
Today, the government received a records certificate 
from WorkForce West Virginia, a state agency. The 
assigned Bates No. is USAO-00014250. 
3. 
The government has produced an updated copy of its Rule 
1006 Summary Charts regarding (A) Kisha Sutton’s CashApp 
activity and (B) IP address associated with various PPP 
loans. 
4. 
The government has also provided Rule 1006 Summary 
Charts regarding the following topics: 
a. 
Shamiese Wright’s CashApp and Banking Activity;  
b. 
PPP Eligibility Rules; and 
c. 
COVID-19 and PPP Background Information. 
 
EVIDENCE OF RECORDS OF REGULARLY CONDUCTED ACTIVITY 
 
 
Pursuant to Federal Rules of Evidence 902(11), notice is 
hereby given of the United States intent to offer into evidence 
certified domestic records of regularly conducted activity.  The 
records are referred to more specifically in Response E above, as 
item numbers 1 & 2. 
REQUEST OF THE UNITED STATES FOR RECIPROCAL DISCOVERY 
 
Pursuant to Rules 16.1(b) and 16.1(d) of the Local Rules of 
Criminal Procedure, the United States of America requests that 
defendant provide all applicable reciprocal discovery within 14 
days of the service of this response and the provision of materials 
requested by defendant in the Standard Discovery Request. 
 
Case 2:24-cr-00192     Document 310     Filed 07/08/25     Page 2 of 4 PageID #: 1733

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Respectfully submitted, 
 
LISA G. JOHNSTON 
Acting United States Attorney 
 
 
 
 
 
By: 
s/Jonathan T. Storage            
JONATHAN T. STORAGE 
Assistant United States Attorney 
WV State Bar No. 12279 
300 Virginia Street, East 
Room 4000 
Charleston, WV 25301 
Telephone: 304-345-2200 
Fax: 304-347-5104 
E-mail: Jonathan.Storage@usdoj.gov 
 
Case 2:24-cr-00192     Document 310     Filed 07/08/25     Page 3 of 4 PageID #: 1734

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CERTIFICATE OF SERVICE 
It 
is 
hereby 
certified 
that 
the 
foregoing 
“FOURTH 
SUPPLEMENTAL RESPONSE OF THE UNITED STATES OF AMERICA TO 
DEFENDANT’S STANDARD DISCOVERY REQUESTS, NOTICE OF THE UNITED 
STATES INTENT TO OFFER EVIDENCE OF RECORDS OF REGULARLY CONDUCTED 
ACTIVITY, AND REQUEST OF THE UNITED STATES FOR RECIPROCAL 
DISCOVERY” has been electronically filed and service has been made 
on opposing counsel by virtue of such electronic filing this 8th 
day of July, 2025, to: 
 
 
Connor D. Robertson, Esq. 
2702 Main Street 
Hurricane, WV 25526 
Email: cdr@croblaw.com 
 
 
 
s/Jonathan T. Storage            
JONATHAN T. STORAGE 
Assistant United States Attorney 
WV State Bar No. 12279 
300 Virginia Street, East 
Room 4000 
Charleston, WV 25301 
Telephone: 304-345-2200 
Fax: 304-347-5104 
E-mail: Jonathan.Storage@usdoj.gov 
Case 2:24-cr-00192     Document 310     Filed 07/08/25     Page 4 of 4 PageID #: 1735

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