Transcript of Proceedings of Trial Testimony — United States v. Sutton et al. (Dkt. 345, S.D. W. Va.)

Record facts

U.S. District Court for the Southern District of West Virginia · No. 2:24-cr-00192 · Doc. 345 · 2025-07-28 · Docket on CourtListener

Full text

1
IN THE UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA 
AT CHARLESTON 
 
PARTIAL TRANSCRIPT OF PROCEEDINGS 
 
 
-----------------------------x 
                             : 
UNITED STATES OF AMERICA,    :         CRIMINAL ACTION 
                             :         NO. 2:24-cr-00192 
vs.                          : 
                             :          
KISHA SUTTON,                :         July 14, 2025 
                             : 
          Defendant.         ; 
                             : 
-----------------------------x 
 
 
TRIAL TESTIMONY OF WILLIAM POWELL 
 
BEFORE THE HONORABLE IRENE C. BERGER 
UNITED STATES DISTRICT JUDGE 
 
 
APPEARANCES: 
 
For the United States:       MR. JONATHAN TYLER STORAGE 
                             MS. JENNIFER DOWDY GORDON 
                             United States Attorney's Office 
                             Suite 4000 
                             300 Virginia Street, East 
                             Charleston, WV  25301 
 
For the Defendant:           MR. CONNOR D. ROBERTSON 
                             Robertson Law 
                             2702 Main Street 
                             Hurricane, WV  25526 
 
 
 
Court Reporter:              Lisa A. Cook, RPR-RMR-CRR-FCRR 
 
Proceedings recorded by mechanical stenography; transcript 
produced by computer. 
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Case 2:24-cr-00192     Document 345     Filed 07/28/25     Page 1 of 18 PageID #: 2294

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I N D E X 
 
GOVERNMENT'S WITNESS:                             PAGE 
WILLIAM POWELL 
     Direct Examination (By Mr. Storage) . . . . . 3 
     Cross Examination (By Mr. Robertson)  . . . . 10 
     Redirect Examination (By Mr. Storage) . . . . 16 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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P R O C E E D I N G S 
* * * * * 
THE COURT:  Call your next witness.
MR. STORAGE:  The Government calls William Powell.
Your Honor, it's my understanding that Mr. Powell is in
the elevator and is on his way.
THE COURT:  All right.
MR. STORAGE:  I will also note for the record,
Your Honor, that Mr. Powell is under subpoena.
(Pause)
THE COURT:  Mr. Storage, can you find out what the
problem is?
MR. STORAGE:  Thank you, Your Honor.
(Pause)
MS. GORDON:  Your Honor, he's coming.
THE COURT:  I'm sorry?
MS. GORDON:  He's coming, Your Honor.
THE COURT:  All right.
MS. GORDON:  I apologize.
(Pause)
THE CLERK:  Sir, would you please raise your right
hand.
WILLIAM POWELL, GOVERNMENT'S WITNESS, SWORN 
THE CLERK:  Would you please take the stand.
 DIRECT EXAMINATION 
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William Powell - Direct (Storage)
BY MR. STORAGE: 
Q.
Sir, will you please state and spell your name?
A.
William Powell, W-i-l-l-i-a-m  P-o-w-e-l-l.
Q.
Have you signed a plea agreement with the United
States?
A.
Yes, sir.
Q.
Have you pleaded guilty in court in relation to that
plea agreement?
A.
Yes, sir.
Q.
Is your guilty plea related to a fraudulent PPP loan?
A.
Yes, sir.
Q.
Okay.  Does that plea agreement require you to provide
testimony here today?
A.
Yes, sir.
Q.
Did you also receive a subpoena to testify today?
A.
Yes, sir.
Q.
What city and state do you currently live in?
A.
Middletown, New York.
Q.
Middletown, New York?
A.
Yes, sir.
Q.
How long have you lived there?
A.
It will be four years in February.
Q.
Where were you born?
A.
Brooklyn, New York.
Q.
Brooklyn, New York?  I'm sorry.  You're very
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William Powell - Direct (Storage)
soft-spoken.
A.
Brooklyn, New York.
Q.
How long have you lived there -- how long did you live
there until you moved to West Virginia?
A.
I moved in -- for 10 years.  I moved here in 2000.
Q.
When you say "here," where do you mean?
A.
Charleston, West Virginia.
Q.
Okay.  When did you move to Charleston, West Virginia?
A.
The year 2000.
Q.
The year 2000.  How long did you live in Charleston?
A.
Until I was 18.  I moved to Morgantown, New York -- I
mean, West Virginia after that.
Q.
Okay.  Did you ever come back to Charleston?
A.
I did.
Q.
And when did you move back to Charleston?
A.
I believe 2012, I think, 2012.  
Q.
Okay.  And then when did you leave Charleston?
A.
2018 I moved to Huntington, West Virginia.
Q.
Okay.  And how long did you live in Huntington, West
Virginia?
A.
Until January of 2022.
Q.
Okay.
A.
Or February of 2022.  Excuse me.
Q.
So in the spring and early summer of 2021, where were
you living?
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William Powell - Direct (Storage)
A.
Huntington, West Virginia.
THE COURT:  I'm sorry.  Repeat your question,
please.
BY MR. STORAGE: 
Q.
During the spring and summer of 2021, where were you
living?
A.
Huntington, West Virginia.
THE COURT:  All right.  Thank you.
BY MR. STORAGE: 
Q.
During that period, that meaning the spring and summer
of 2021, did you own a business?
A.
No, sir, I did not.
Q.
During that period, were you an independent contractor?
A.
No, sir, I was not.
Q.
During that period, were you associated with any sole
proprietorship?
A.
No, sir.
Q.
Have you ever been a barber?
A.
No, sir.
Q.
Did you earn $75,000 in gross income in tax year 2020?
A.
No, sir.
Q.
Are you familiar with a person named Kisha Sutton?
A.
Yes, sir.
Q.
And how are you familiar with Kisha Sutton?
A.
She's like a family friend.  I've grown up with her my
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William Powell - Direct (Storage)
whole life.
Q.
Grown up with her your whole life.  How old are you?  
A.
35.
Q.
Okay.  And you were born in Brooklyn?
A.
Yes.
Q.
So did you know her when you lived in Brooklyn?
A.
Yes, sir.
Q.
Is Kisha Sutton in this room?
A.
Yes, sir.
Q.
Where is she seated and what is she wearing?
A.
She's behind you in a black jacket.
MR. STORAGE:  Will the record please reflect that
the witness has identified the defendant?
THE COURT:  The record will so reflect.
BY MR. STORAGE: 
Q.
During the spring and early summer of 2021, did you
communicate with Kisha?
A.
Yes, sir.
Q.
I'm sorry.  What was that?
A.
Yes, sir.
Q.
How would you describe your relationship with Kisha
Sutton at that period?
A.
Like family.
Q.
Like family.  Where was Kisha Sutton living when you
were in Huntington?
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William Powell - Direct (Storage)
A.
I believe in New York or New Jersey, New Jersey.
Q.
In 2021, specifically June, did you receive $15,625
from a PPP loan?
A.
Yes, sir.
Q.
Were you eligible for a PPP loan in June of 2021?
A.
No, sir.
Q.
Did anyone help you apply for that PPP loan?
A.
Yes, sir.
Q.
Who helped you?
A.
Kisha Sutton.
Q.
How did she help you?
A.
I gave her my information and she applied for it for
me.
Q.
Did you ever tell Kisha that you were a barber?
A.
No, sir.
Q.
Did you ever tell Kisha that you earned $75,000 in
2020?
A.
No, sir.
Q.
Did you put that information on the PPP loan
application yourself?
A.
No, sir.
Q.
What, if anything, did Kisha Sutton get out of helping
you apply for the PPP loan?
A.
Money.
Q.
Money?
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William Powell - Direct (Storage)
A.
Uh-huh.
Q.
How did you pay her?
A.
Through CashApp.
Q.
Do you know if you made one or multiple payments to
Kisha?
A.
I made multiple.
Q.
How many?
A.
I don't recall exactly how many, but I think it
amounted to $2,000.
Q.
Okay.  And was that your -- did you have an agreement
with Kisha to pay her $2,000?
A.
Yes, sir.
Q.
Why did you break up a two-thousand-dollar payment to
Kisha Sutton over multiple transactions?
A.
So it didn't get flagged.
Q.
Sorry?
A.
So -- I thought it would be easier and that it wouldn't
get flagged.
Q.
So it wouldn't get flagged?  I just didn't hear the
word you said.  Was it "flagged"?  
A.
Yeah.  I thought a bigger payment would look more
suspicious.
Q.
Where did you get the $2,000 to pay for -- to pay
Kisha?
A.
From the money that I got from the PPP loan.
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William Powell - Cross (Robertson)
MR. STORAGE:  May I have a moment, Your Honor?
THE COURT:  Yes, sir.
(Pause)
MR. STORAGE:  No further questions, Your Honor.
THE COURT:  Cross-examination, Mr. Robertson?
MR. ROBERTSON:  Thank you, Your Honor.
CROSS EXAMINATION 
BY MR. ROBERTSON: 
Q.
Mr. Powell, my name is Connor Robertson.  I represent
Ms. Sutton.  I have some questions for you.  If I ask you a
bad one or confusing one, just let me know and I'll try to
do my best to rephrase.  Fair?
A.
Fair.  
Q.
Okay.  Picking up from your tone, you don't want to be
here; right?
A.
No.
Q.
You and Kisha were friends?
A.
Yes.
Q.
The sole reason you're here is because you pled guilty
and you have to cooperate with the Government; right?
A.
Yes.
Q.
You wouldn't be here if they didn't require you to be
here; right?
A.
No.
Q.
And before this case even started, investigators came
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William Powell - Cross (Robertson)
to try to talk to you; right?
A.
Yes.
Q.
But you didn't talk to them?  
A.
No.
Q.
But now that you've pled guilty, you actually talked to
the FBI and the prosecutors; right?
A.
I did reach out to investigators.  They -- I left them
messages, but they did call me multiple times and I didn't
answer.
Q.
Right.  It's an unfortunate situation you're in and I
respect that.  But more to the point, you and Kisha talked
about submitting PPP loans; right?
A.
Yes.
Q.
And you gave her your information; correct?
A.
Yes.
Q.
And when she filled out your loan application, she used
your name; right?
A.
Yes.  
Q.
She used your email address; right?
A.
Yes.
Q.
She used your address; correct?
A.
Yes.
Q.
She used your date of birth?
A.
Yes.
Q.
She used all your personal information; right?
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William Powell - Cross (Robertson)
A.
Yes.
Q.
She didn't make up any names; correct?
A.
No.
Q.
And the money went into your account and you signed for
it; correct?
A.
Yes.
Q.
You didn't sign somebody else's name, did you?
A.
No.
Q.
Okay.  And you have a bank, I assume.  What bank do you
have?
A.
At the time, it was Chime.
Q.
Chime?  Like an on-line bank?
A.
Uh-huh.
Q.
Okay.  When you set up your Chime account, did you use
your information?
A.
Yes.
Q.
Okay.  Your Social Security, your date of birth,
everything that could be traceable to you on that Chime
account; right?
A.
Yes.
Q.
And then I assume you have a cell phone or an app on
the computer called CashApp; right?  
A.
Yes.
Q.
You linked CashApp to Chime; right?
A.
Yes.
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William Powell - Cross (Robertson)
Q.
And have you ever used CashApp other than to pay
Ms. Sutton?
A.
Yes.
Q.
You've used it probably a lot; right?  
A.
Yes.
Q.
When you used CashApp, did you know that you were
structuring funds?  Did you have any idea about that?
A.
No.
Q.
You just used it because you linked it to your account
and it was easy; right?
A.
Yes.
Q.
Okay.  You said that you thought it would look
better -- your direct testimony, I believe, was you split up
the payments from you to Kisha because you thought it would
look better and it wouldn't get flagged; right?
A.
Yes.
Q.
You; right?
A.
Yes.
Q.
Okay, not Kisha.  You just testified that you decided
to do that; correct?
A.
It was definitely like a joint thing.  It wasn't just
me.  We both talked about it.
Q.
Okay.  So you talked about it?
A.
Uh-huh.
Q.
Okay.  CashApp doesn't allow large transfers of money,
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William Powell - Cross (Robertson)
does it?
A.
I'm not sure how much is like a max amount or anything.  
Q.
Okay.  CashApp you have like a, for lack of a better
term, like a handle, like a, kind of like an mail address to
identify it's you; right?
A.
Yes.
Q.
And to create an account on CashApp, you have to put
all your information in?
A.
Yes.
Q.
And presumably to receive money through CashApp, you
have to send it to whatever the handle is that you're
sending it to, the information; right?
A.
Yes.
Q.
Okay.  And, so, when you did that from CashApp to
Kisha, did it go to Kisha's account?
A.
Yes.
Q.
Did she try to tell you to send it to this fictitious
burner account?
A.
No.
Q.
And you know that on-line transactions are traceable;
right?
A.
Yes.
Q.
When you made that payment, did you do that with the
specific intent to conceal the money from anybody?
A.
I don't know if it was a specific attempt but like
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William Powell - Redirect (Storage)
we -- I mean, I -- yes.
Q.
You didn't want it to get flagged?
A.
Yeah.
Q.
Okay.  Even though it was coming from your account?
A.
Yes.
Q.
Right after you got money from PPP into your account?
A.
Uh-huh.
Q.
And it went from your account to Kisha's account?
A.
Yes.
Q.
Okay.  So you didn't do anything to like -- other than
make multiple payments, you didn't do anything to conceal -- 
A.
No.
Q.
-- where it was going; right?
A.
No, not at all.
Q.
Okay.  When -- you testified that you think Kisha lived
in New York or New Jersey; right?
A.
Yes.
Q.
Okay.  When she hit "send" on your application, was she
in New Jersey?
A.
Yes.
Q.
Okay.  And you were in Huntington when you got the
money; right?
A.
Yes.
Q.
Okay.  What about Benworth Capital?  What's that?
A.
That was -- at the time, I didn't know what it was, but
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William Powell - Redirect (Storage)
that was the email that I got from -- I don't know if that's
the bank or the, the, whatever company that the PPP loan was
through.
Q.
Did you intend to defraud them, Benworth?
A.
Not Benworth.  I just thought I was just getting a
loan.  I didn't know exactly where it was coming from.
Q.
Did you -- at the time Kisha applied under your name
for a loan, did you know that Benworth Capital or any bank
was going to do it or did you think it was coming from the
Government?
A.
I honestly don't -- I mean, I assumed that it was
coming from the Government.
MR. ROBERTSON:  Nothing further.
THE COURT:  Any redirect of this witness?
MR. STORAGE:  Yes, Your Honor.
REDIRECT EXAMINATION 
BY MR. STORAGE: 
Q.
Sir, didn't you tell the Government when you met with
them that Kisha told you how to make the payments?
A.
We talked about it together.  So that was --
Q.
Okay.  Did you also tell agents that you would have
just paid Kisha the $2,000 in one lump sum?
A.
I don't really recall exactly what was said but, I
mean, I didn't --
Q.
Okay.  And you were never charged with money
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William Powell - Redirect (Storage)
laundering, were you?
A.
Not -- no.
Q.
That's not what you pled guilty to, is it?
A.
No.
Q.
Okay.
MR. STORAGE:  No further questions.
THE COURT:  You can step down.
(Witness stood aside)
* * * * * 
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    18
          I, Lisa A. Cook, Official Reporter of the United 
States District Court for the Southern District of West 
Virginia, do hereby certify that the foregoing is a true and 
correct transcript, to the best of my ability, from the 
record of proceedings in the above-entitled matter.            
 
 
       s\Lisa A. Cook                    July 25, 2025 
           Reporter                                Date 
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Case 2:24-cr-00192     Document 345     Filed 07/28/25     Page 18 of 18 PageID #: 2311

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