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Home Court filings Phillip J. Augustin case — U.S. District Court, N.D. Ohio Transcript of Proceedings — United States v. Augustin (Dkt. 50, N.D. Ohio)

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Transcript of Proceedings — United States v. Augustin (Dkt. 50, N.D. Ohio)

Summary

The transcript of an arraignment and plea hearing conducted by videoconference on December 14, 2021 before United States Magistrate Judge Amanda M. Knapp in United States v. Phillip J. Augustin, Case No. 1:21-cr-805, in the U.S. District Court for the Northern District of Ohio, filed December 27, 2021 as Doc #: 50. The appearances list Elliot D. Morrison for the U.S. Attorney's Office, Philip Berkeley Trout for the Department of Justice Fraud Division, and Michael C. Grieco for the defendant. The hearing began at 11:45 a.m. and concluded at 12:38 p.m. The transcript was prepared from a digital audio recording and certified by court reporter Mary L. Uphold on December 27, 2021.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Filed December 27, 2021 in Phillip J. Augustin; one of 5 filings from this case.

Record facts

CourtU.S. District Court for the Northern District of Ohio
Filed2021-12-27

Cite this document

“Transcript of Proceedings — United States v. Augustin (Dkt. 50, N.D. Ohio).” U.S. District Court for the Northern District of Ohio, No. 1:21-cr-00805, Doc. 50, filed 2021-12-27. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-phillip-j-augustin-ohnd-282810/2021-12-27-gov-uscourts-ohnd-282810-50-0-doc-50/, SHA-256 f909ad163f66e8bcc7f085db5471f3c63bbb3d811aac2489dbafc69ce6c5f245.

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Full text

Case: 1:21-cr-00805-PAB Doc #: 50 Filed: 12/27/21 1 of 47. PageID #: 283
                                                                                1

 1                          UNITED STATES DISTRICT COURT
                              NORTHERN DISTRICT OF OHIO
 2                                EASTERN DIVISION

 3        UNITED STATES OF AMERICA,          )   Case No. 1:21-cr-805
                                             )   Akron, Ohio
 4                      Plaintiff,           )   Tuesday, December 14, 2021
                                             )   11:45 a.m.
 5              vs.                          )
                                             )
 6        PHILLIP J. AUGUSTIN,               )
                                             )
 7                      Defendant.           )

 8                            TRANSCRIPT OF PROCEEDINGS
                         BEFORE THE HONORABLE AMANDA M. KNAPP
 9                          UNITED STATES MAGISTRATE JUDGE

10                           ARRAIGNMENT AND PLEA HEARING
                               HELD VIA VIDEOCONFERENCE
11
          APPEARANCES:
12
          For the Plaintiff:
13             Office of the U.S. Attorney
               Northern District of Ohio
14             By: Elliot D. Morrison, Esq.
               Suite 400
15             801 Superior Avenue, W
               Cleveland, Ohio 44113
16             (216) 622-3919
               elliot.morrison@usdoj.gov
17
                AND
18

19

20                           Mary L. Uphold, RDR, CRR
              Thomas D. Lambros Federal Building and U.S. Courthouse
21                          125 Market Street, Room 337
                           Youngstown, Ohio 44503-1780
22                                (330) 884-7424
                          Mary_Uphold@ohnd.uscourts.gov
23

24               Electronic recording transcribed by mechanical
          stenography from a digital audio recording; transcript
25        produced by computer-aided transcription.

     Case: 1:21-cr-00805-PAB Doc #: 50 Filed: 12/27/21 2 of 47. PageID #: 284
                                                                                2

 1        APPEARANCES (CONTINUED):

 2              United States Department of Justice
                Fraud Division
 3              By: Philip Berkeley Trout, Esq.
                1400 New York Avenue NW
 4              Washington, DC 20005
                (202) 616-6989
 5              philip.trout@usdoj.gov

 6        For the Defendant:
               Law Office of Michael C. Grieco
 7             By: Michael C. Grieco, Esq.
               Suite 2410
 8             175 SW 7th Street
               Miami, Florida 33130
 9             (305) 857-0034
               michael@griecolaw.com
10

11                                          - - -

12

13

14

15

16

17

18

19

20

21

22

23

24

25

                    MARY L. UPHOLD, RDR, CRR              (330) 884-7424

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                                                                                3

 1                                P R O C E E D I N G S

 2                                          - - -

 3                     THE CLERK:    This Honorable United States Court for

 4        the Northern District of Ohio is now open for the

 5        transaction of business.        The Honorable Amanda M. Knapp

 6        presiding.

 7                     Your Honor, the case before the court carries Case

 8        Number 1:21-cr-805, United States of America versus Phillip

 9        J. Augustin.

10                     THE COURT:    All right.     Can I please have some

11        appearances of counsel?

12                     MR. MORRISON:     Yes.   Good morning, Your Honor.

13        AUSA Elliot Morrison, joined by DOJ Fraud Section Attorney,

14        Trial Attorney Philip Trout and IRS-CI Special Agent Anthony

15        Pizzola on behalf of the United States.

16                     THE COURT:    Good morning.

17                     UNIDENTIFIED SPEAKER:        Good morning.

18                     UNIDENTIFIED SPEAKER:        Good morning.

19                     MR. GRIECO:     And, Judge, on behalf of

20        Mr. Augustin, this is Attorney Michael Grieco.

21                     THE COURT:    All right.     And I can see we have

22        Mr. Augustin here as well.

23                     THE DEFENDANT:     Yes, Your Honor.

24                     THE COURT:    Mr. Augustin -- good morning.

25                     THE DEFENDANT:     Good morning.

                    MARY L. UPHOLD, RDR, CRR              (330) 884-7424

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                                                                                4

 1                    THE COURT:     Are you able to see and hear all of

 2        the participants this morning, sir?

 3                    THE DEFENDANT:      Yes, Your Honor.

 4                    THE COURT:     All right, very good.

 5                    Mr. Morrison, are you and the other

 6        representatives of the United States able to see and hear

 7        everyone this morning?

 8                    MR. MORRISON:      Yes, Your Honor.

 9                    THE COURT:     Mr. Grieco, are you able to see and

10        hear all of our participants today?

11                    MR. GRIECO:      Yes, Your Honor.      Thank you.

12                    THE COURT:     All right.     Very good.

13                    This proceeding is being conducted by

14        videoconference due to the national emergency caused by the

15        COVID-19 pandemic and pursuant to the authority of the CARES

16        Act and the standing orders of this court.

17                    All attorneys are appearing by videoconference, as

18        well as Special Agent Pizzola, and the defendant is also

19        appearing by videoconference.

20                    Mr. Augustin, can you tell me where you are

21        located today?

22                    THE DEFENDANT:      South Florida.

23                    THE COURT:     All right.     Sir, is anyone physically

24        present in the room with you this morning?

25                    THE DEFENDANT:      No, Your Honor.

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                                                                                5

 1                     THE COURT:    All right.     And I realize that I had

 2        called you Mr. Augustin.        Is it Mr. Augustin?

 3                     THE DEFENDANT:     It is Mr. Augustin.

 4                     THE COURT:    Augustin, got it.

 5                     THE DEFENDANT:     Yes, Your Honor.

 6                     THE COURT:    I will try -- I will try my best to --

 7                     THE DEFENDANT:     You did right, that's fine.

 8                     THE COURT:    All right, Mr. Augustin, very good.

 9                     All right.    Mr. Augustin, you have a right to have

10        the court address you in person and in open court under Rule

11        11(b) of the Federal Rules of Criminal Procedure for this

12        proceeding, but you can also consent to the use of

13        videoconferencing for this proceeding.

14                     Mr. Grieco, have you had an opportunity to talk

15        with Mr. Augustin about -- did I get it right?             See, I've

16        already forgotten, I'm sorry.         Augustin?

17                     THE DEFENDANT:     That's fine.      That's fine.        That's

18        fine.

19                     THE COURT:    Okay.    Okay.    All right.

20                     THE DEFENDANT:     Don't worry.

21                     THE COURT:    I won't interrupt anymore with that.

22        All right.

23                     Mr. Grieco, have you had an opportunity to talk

24        with Mr. Augustin about his right to appear in person and

25        his ability to consent to a proceeding by video?

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                                                                                6

 1                     MR. GRIECO:     Yes, Your Honor.

 2                     THE COURT:    All right.     Mr. Augustin, did you have

 3        a chance to talk to Mr. Grieco about those rights?

 4                     THE DEFENDANT:     Yes, Your Honor.

 5                     THE COURT:    All right.     And I have here a waiver

 6        of consent to video/teleconferencing, a waiver and consent

 7        to video/teleconferencing at the change of plea hearing with

 8        a signature overlying "Defendant" and the date December 14th

 9        of 2021.

10                     Did you sign this consent to proceed with this

11        proceeding by videoconference?

12                     THE DEFENDANT:     Yes, Your Honor.

13                     THE COURT:    All right.     And did you have an

14        opportunity to ask Mr. Grieco any questions you had about

15        what it would mean to make that consent?

16                     THE DEFENDANT:     Yes, Your Honor.

17                     THE COURT:    And do you consent to appear by

18        video/teleconferencing today?

19                     THE DEFENDANT:     Yes, Your Honor.

20                     THE COURT:    All right.     Mr. Grieco, do you consent

21        also to appear by video/teleconference and also stipulate

22        that given the particular facts pertaining to Mr. Augustin,

23        that this felony plea hearing cannot be further delayed

24        without serious harm to the interests of justice?

25                     MR. GRIECO:     Yes, Your Honor, so stipulated.

                     MARY L. UPHOLD, RDR, CRR             (330) 884-7424

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                                                                                7

 1                    THE COURT:     All right.     Mr. Morrison, do you also

 2        consent to appear today by videoconference and stipulate

 3        that given the particular facts pertaining to Mr. Augustin,

 4        this felony plea hearing cannot be further delayed without

 5        serious harm to the interests of justice?

 6                    MR. MORRISON:      Yes, Your Honor, we do, we do

 7        consent and stipulate.

 8                    THE COURT:     Thank you.

 9                    Based on the parties' stipulations, the general

10        orders of this court and the authority granted to the United

11        States Courts under the CARES Act, I am going to find for

12        the record that this proceeding must be conducted using

13        videoconferencing; that further delay while we await

14        in-person court availability would cause serious harm to the

15        interests of justice; and that appearing in person may

16        jeopardize public health and safety.

17                    Mr. Augustin, we are here today for an arraignment

18        and plea hearing.      I have been informed that you wish to

19        plead guilty to Count 1 of the information in this case.

20                    Is that correct?

21                    THE DEFENDANT:      Yes, Your Honor.

22                    THE COURT:     I further understand that there is a

23        plea agreement that forms the basis for this plea.

24                    Is that correct?

25                    THE DEFENDANT:      Yes, Your Honor.

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                                                                                8

 1                     THE COURT:    All right.     As I indicated, this is an

 2        arraignment and a plea hearing.          The purpose of the hearing

 3        is for me to determine whether you understand the many

 4        rights that you will be giving up if you plead guilty in

 5        this case.

 6                     And before I can accept your plea, I must make a

 7        determination as to each of the following:

 8                     First, whether you consent to my taking your plea.

 9                     Second, whether you are competent to plead at this

10        time.

11                     Third, whether you understand the constitutional

12        rights that will be waived if I recommend that your guilty

13        plea be accepted.

14                     Further, whether you fully understand the nature

15        of the charges against you, including the maximum potential

16        penalties and any mandatory minimum penalties.

17                     Whether there is a factual basis for your plea.

18                     And finally, whether your plea is voluntary.

19                     You should feel free to ask me questions at any

20        time during today's hearing.         If you don't understanding --

21        if you don't understand anything I have said, I will be

22        happy to offer further explanation.

23                     Even though you have expressed an intent to plead

24        guilty, you have a right to change your mind at any time

25        before I accept your plea at the end of this proceeding.

                    MARY L. UPHOLD, RDR, CRR              (330) 884-7424

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                                                                                9

 1                    All right.     Mr. Morrison, is this a matter to

 2        which the Crime Victims' Rights Act applies?

 3                    MR. MORRISON:      No, Your Honor.

 4                    THE COURT:     All right.     Mr. Augustin, the first

 5        matter we must address is your waiver of your right to have

 6        this proceeding conducted before an Article III judge.                    An

 7        Article III judge is a United States district judge, an

 8        officer who is appointed under Article III of the United

 9        States Constitution for a term of life.

10                    I am not a district judge.         I am a magistrate

11        judge, a judge who is appointed for an eight-year term

12        subject to reappointment.

13                    Do you understand that I am not a district judge?

14                    THE DEFENDANT:      Yes, Your Honor.

15                    THE COURT:     Have you discussed with Mr. Grieco

16        that you may consent to have me conduct these proceedings?

17                    THE DEFENDANT:      Yes, Your Honor.

18                    THE COURT:     Did you conclude that it was in your

19        best interest to proceed before me even though I am not a

20        U.S. district judge?

21                    THE DEFENDANT:      Yes, Your Honor.

22                    THE COURT:     All right.     I understand that you have

23        completed a consent to order of referral to the magistrate

24        judge for purposes of receiving your guilty plea.

25                    In looking at that form on the second page, I can

                    MARY L. UPHOLD, RDR, CRR              (330) 884-7424

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                                                                                 10

 1        see a signature over the line "Defendant."             Did you sign

 2        that consent form?

 3                     THE DEFENDANT:      Yes, Your Honor.

 4                     THE COURT:     Before doing so, did you have an

 5        opportunity to talk with Mr. Grieco about what the form

 6        would mean and ask him any questions you had about what it

 7        would mean to consent to have this conducted by a magistrate

 8        judge?

 9                     THE DEFENDANT:      Yes, Your Honor.

10                     THE COURT:     All right.     Mr. Grieco, did you advise

11        Mr. Augustin in the preparation of the consent form?

12                     MR. GRIECO:     Yes, Your Honor.

13                     THE COURT:     All right.     All right.     Mr. Augustin,

14        this case is assigned to District Judge Barker.              Do you

15        voluntarily and knowingly give up your right to plead before

16        Judge Barker or another Article III judge, and do you

17        voluntarily consent to appear before me for these

18        proceedings today?

19                     THE DEFENDANT:      Yes, Your Honor.

20                     THE COURT:     Upon review of the consent form and

21        your answers to my questions here in court, I am going to

22        find your consent is knowing and voluntary.

23                     Mr. Augustin, in a moment you will be placed under

24        oath and I will ask you some questions.            An audio recording

25        is being made of my questions and your answers.              It is not a

                    MARY L. UPHOLD, RDR, CRR              (330) 884-7424

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                                                                                 11

 1        video recording.       That means when you give your answers, you

 2        need to keep your voice up.         You need to give your answers

 3        in words.     Your shake of your head, your "uh-huh" or

 4        "huh-uh," it will not be clearly captured on the record what

 5        you mean.

 6                     Do you understand that?

 7                     THE DEFENDANT:      Yes, Your Honor.

 8                     THE COURT:     All right.     If you do not understand

 9        any questions I ask, please let me know and I will be happy

10        to clarify.

11                     If at any time you want to consult with your

12        attorney, please say so.         You may do so at any time.

13                     Do you understand these instructions?

14                     THE DEFENDANT:      Yes, Your Honor.

15                     THE COURT:     Before we begin, I do want to remind

16        you that you have a right to remain silent under the United

17        States Constitution.        You are not required to make any

18        statements today, but anything you say can be used against

19        you.

20                     Before receiving your guilty plea, I will ask you

21        several questions that are to assure that your plea is

22        valid.    By answering the questions, you will be making

23        statements against your interest and you will incriminate

24        yourself.

25                     You will also be required to admit your guilt.

                    MARY L. UPHOLD, RDR, CRR              (330) 884-7424

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                                                                                 12

 1                     Do you understand that by proceeding here today

 2        with a guilty plea, you will necessarily be giving up your

 3        right to remain silent?

 4                     THE DEFENDANT:      Yes, Your Honor.

 5                     THE COURT:     All right.     Would the clerk please

 6        administer the witness oath?

 7                     THE CLERK:     Mr. Augustin, if you'd please raise

 8        your right hand.

 9               (Defendant sworn.)

10                     THE COURT:     All right.     Thank you, Mr. Augustin.

11                     Now, do you understand you are now under oath to

12        tell the truth?

13                     THE DEFENDANT:      Yes.

14                     THE COURT:     Do you understand that your answers to

15        my questions may be subject to the penalties for perjury if

16        you do not tell the truth?

17                     THE DEFENDANT:      Yes, I do, Your Honor.

18                     THE COURT:     All right.     So the first thing we need

19        to talk about today is some questions to establish your

20        competence to understand today's proceedings and to enter a

21        knowing guilty plea.        I am going to ask some background

22        questions for that purpose, the first of which is that I

23        would like you please to tell me your full name.

24                     THE DEFENDANT:      Phillip Joseph Augustin.

25                     THE COURT:     All right.     And what is your age, sir?

                    MARY L. UPHOLD, RDR, CRR              (330) 884-7424

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                                                                                 13

 1                     THE DEFENDANT:      Fifty-two.

 2                     THE COURT:     Where were you born?

 3                     THE DEFENDANT:      [Unintelligible], Pennsylvania.

 4                     THE COURT:     Are you a citizen of the United

 5        States?

 6                     THE DEFENDANT:      Yes, Your Honor.

 7                     THE COURT:     Where do you live?

 8                     THE DEFENDANT:      1816 Merion Lane, Coral Springs,

 9        Florida.

10                     THE COURT:     How far did you go in school?

11                     THE DEFENDANT:      I went to half a year in college.

12        I was in the Army.

13                     THE COURT:     All right.     You have your -- you have

14        your high school diploma?

15                     THE DEFENDANT:      Yes, ma'am.     Yes, Your Honor.

16                     THE COURT:     Okay.   Do I understand correctly from

17        your answers to my questions so far that you can both speak

18        and understand the English language?

19                     THE DEFENDANT:      Yes, Your Honor.

20                     THE COURT:     Are you also able to read and write in

21        English without assistance?

22                     THE DEFENDANT:      Yes, Your Honor.

23                     THE COURT:     Have you had any recent employment?

24                     THE DEFENDANT:      I'm collecting disability from the

25        VA.

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                                                                                 14

 1                     THE COURT:     Okay.   Have you been treated within

 2        the last 12 months for mental illness, drug addiction or

 3        alcohol addiction?

 4                     THE DEFENDANT:      Right now I'm doing the alcohol

 5        outpatient program with the VA, for my regular -- because I

 6        suffer from PTSD, so [unintelligible] alcohol

 7        [unintelligible].

 8                     THE COURT:     All right.     So you're doing outpatient

 9        alcohol addiction treatment?

10                     THE DEFENDANT:      Yes, Your Honor.

11                     THE COURT:     All right.     And then you mentioned

12        that you have a mental -- mental health impairment as well;

13        is that right?

14                     THE DEFENDANT:      I have -- I just have PTSD, so I

15        speak to -- in the last -- since 2012, I speak to a

16        psychiatrist twice a year.

17                     THE COURT:     All right.     So you see a psychiatrist

18        for your PTSD, and then you're also doing an outpatient

19        program for alcohol addiction?

20                     THE DEFENDANT:      Yes.   I said, my probation officer

21        has all that.

22                     THE COURT:     Okay.   Is there anything about your

23        mental illness or your alcohol addiction that causes you

24        concern about your ability to understand today's proceeding?

25                     THE DEFENDANT:      No, Your Honor.      I understand.

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                                                                                 15

 1                     THE COURT:     All right.     In the last 24 hours, have

 2        you taken any medication, drugs, alcohol or other substances

 3        that might make it difficult for you to understand what's

 4        happening here today?

 5                     THE DEFENDANT:      No, Your Honor.

 6                     THE COURT:     Do you know why you're here today?

 7                     THE DEFENDANT:      Yes, Your Honor.

 8                     THE COURT:     Do you understand the purpose of

 9        today's proceeding?

10                     THE DEFENDANT:      Yes, Your Honor.

11                     THE COURT:     Can you please tell me in your words

12        what you understand to be the purpose of today's proceeding?

13                     THE DEFENDANT:      To take accountability of the

14        wrongdoings that I did and doing the [unintelligible], to

15        just accept accountability.

16                     THE COURT:     All right.     Are you currently on

17        probation, parole or supervised release for any federal,

18        state or other conviction?

19                     THE DEFENDANT:      No, just this one.

20                     THE COURT:     All right.     Mr. Grieco, have you

21        discussed the case with Mr. Augustin?

22                     MR. GRIECO:     Yes, Judge.

23                     THE COURT:     And do you believe he understands the

24        nature and purpose of today's proceeding?

25                     MR. GRIECO:     Yes, Your Honor.      I have no

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                                                                                 16

 1        reservations.

 2                     THE COURT:     Do you have any concerns about

 3        Mr. Augustin's competency to proceed today?

 4                     THE DEFENDANT:      No, Your Honor, not at all.

 5                     THE COURT:     All right.     Mr. Morrison, does the

 6        United States have any concerns regarding Mr. Augustin's

 7        competency to proceed today?

 8                     MR. MORRISON:     None, Your Honor.

 9                     THE COURT:     All right.     Mr. Augustin, you've been

10        previously advised of your right to counsel, but I will

11        advise you again here today that you have a right to be

12        represented by counsel at every stage of these proceedings.

13        If you cannot afford an attorney, the court will appoint one

14        to represent you.

15                     Do you understand your right to counsel?

16                     THE DEFENDANT:      Yes, Your Honor.

17                     THE COURT:     You have retained Mr. Grieco to

18        represent you in the case.         Do you understand that

19        Mr. Grieco is your attorney in this case?

20                     THE DEFENDANT:      Yes, Your Honor.

21                     THE COURT:     Have you had enough time to talk with

22        Mr. Grieco about the charges against you and your response

23        to those charges?

24                     THE DEFENDANT:      Yes, Your Honor.

25                     THE COURT:     Have you discussed all of the possible

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                                                                                 17

 1        defenses to the charges against you?

 2                     THE DEFENDANT:      Yes, Your Honor.

 3                     THE COURT:     Have you told Mr. Grieco everything

 4        you know about the case?

 5                     THE DEFENDANT:      Yes, I have, Your Honor.

 6                     THE COURT:     Are you completely satisfied with

 7        Mr. Grieco's representation and the advice that he has given

 8        to you?

 9                     THE DEFENDANT:      Yes, most definitely, yeah.

10                     THE COURT:     All right.     As a reminder, you may

11        stop at any time during today's proceedings to consult with

12        Mr. Grieco.

13                     Mr. Grieco, have you had enough time to consult

14        with and prepare Mr. Augustin at each stage of these

15        proceedings?

16                     MR. GRIECO:     Yes, Your Honor.

17                     THE COURT:     All right.     Mr. Augustin, by pleading

18        guilty, you will be giving up several constitutional rights.

19        Have you reviewed your constitutional rights with your

20        lawyer?

21                     THE DEFENDANT:      Yes, we -- yes, I have, Your

22        Honor.

23                     THE COURT:     All right.     I do want to briefly

24        review your constitutional rights with you on the record so

25        that I'm satisfied you understand the rights that you will

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                                                                                 18

 1        be giving up in these proceedings.

 2                     The first right I want to talk about is your right

 3        to a jury trial.       You have a right to plead not guilty and

 4        to require the government to proceed to trial.              You have a

 5        right to a speedy trial, either to a court or to a jury, and

 6        the right to assistance of counsel at trial.

 7                     At trial, you will not have to prove that you are

 8        innocent.     You will be presumed innocent.          And the

 9        government would be required to prove your guilt by

10        competent evidence beyond a reasonable doubt as to each

11        element of the offense charged against you.

12                     If your trial was before a jury, prospective

13        jurors would be summonsed to the courthouse and you and your

14        lawyer would have an opportunity to participate in the jury

15        selection process.

16                     The members of the jury would have to consider

17        each count separately and agree unanimously on the verdict.

18                     Sir, do you understand your right to trial?

19                     THE DEFENDANT:      Yes, Your Honor.

20                     THE COURT:     Do you understand that by pleading

21        guilty, you will be giving up this right?

22                     THE DEFENDANT:      Yes, Your Honor.

23                     THE COURT:     You also have a right to compulsory

24        process.     That is the right to issue subpoenas to require

25        the attendance of witnesses to testify in your defense.

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 1                     Do you understand your right to compulsory

 2        process?

 3                     THE DEFENDANT:      Yes, Your Honor.

 4                     THE COURT:     Do you understand that you will be

 5        giving up that right if you plead guilty?

 6                     THE DEFENDANT:      Yes, Your Honor.

 7                     THE COURT:     You also have a right to remain silent

 8        at trial.     Now, let me start first -- let me talk about

 9        witnesses.

10                     You have a right to confront witnesses.            At trial,

11        you would have the right to hear, see and cross-examine all

12        witnesses that the government brings to testify against you.

13                     Do you understand your right to confront

14        witnesses?

15                     THE DEFENDANT:      Yes, Your Honor.

16                     THE COURT:     Do you understand by pleading guilty,

17        you will be giving up that right?

18                     THE DEFENDANT:      Yes, Your Honor.

19                     THE COURT:     You have a right to remain silent at

20        trial.    Though you would have a right to testify if you

21        chose to do so, you could not be forced or required to

22        testify.     If you chose not to testify, no inference or

23        suggestion of guilt could be drawn from the fact that you

24        did not testify.

25                     Do you understand your right to remain silent?

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 1                     THE DEFENDANT:      Yes, Your Honor.

 2                     THE COURT:     Do you understand that you will be

 3        giving up that right if you plead guilty?

 4                     THE DEFENDANT:      Yes, Your Honor.

 5                     THE COURT:     As I stated earlier, if you proceed

 6        today with your decision to plead guilty, you will give up

 7        your right not to incriminate yourself.            In taking your

 8        guilty plea, I will need to ask you questions about what you

 9        did in order to satisfy myself that you are guilty as

10        charged.     You will also have to acknowledge your guilt to

11        make a valid guilty plea.

12                     Do you understand your right not to incriminate

13        yourself?

14                     THE DEFENDANT:      Yes, Your Honor.

15                     THE COURT:     And do you understand you will be

16        giving up that right if you plead guilty?

17                     THE DEFENDANT:      Yes, Your Honor.

18                     THE COURT:     Do you understand that you do not have

19        to plead guilty even if you are guilty?

20                     THE DEFENDANT:      Yes, Your Honor.

21                     THE COURT:     Do you understand that if you plead

22        guilty, you are waiving all of the rights that I have

23        described, and if your plea is accepted, there will be no

24        trial?

25                     THE DEFENDANT:      Yes, Your Honor.

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 1                     THE COURT:     If you plead guilty, I will recommend

 2        a finding of guilty be entered, the district judge will

 3        consider my recommendation, and if she concurs, she will

 4        enter a finding of guilty upon the record and sentence you

 5        based on your plea considering -- after considering a

 6        presentence investigation.

 7                     Do you understand that?

 8                     THE DEFENDANT:      Yes, Your Honor.

 9                     THE COURT:     Do you also understand that by

10        pleading guilty, you will be deprived of valuable civil

11        rights, either for a period of time or permanently,

12        including the right to vote, the right to hold public office

13        and the right to serve on a jury?

14                     Do you understand that?

15                     THE DEFENDANT:      Yes, Your Honor.

16                     THE COURT:     Do you understand that by pleading

17        guilty to a felony in federal court, you will never again be

18        able to legally possess a firearm?

19                     THE DEFENDANT:      Yes, Your Honor.

20                     THE COURT:     If you proceed with your guilty plea

21        and the district judge accepts your plea, there will be very

22        limited circumstances under which that plea could be

23        withdrawn.     Legally, the court must be given fair and just

24        reasons for allowing a plea to be withdrawn.             Being

25        disappointed with the sentence imposed is not a fair and

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 1        just reason for withdrawal.

 2                     Do you understand that?

 3                     THE DEFENDANT:      Yes, Your Honor.

 4                     THE COURT:     All right.     I also have here a waiver

 5        of indictment form with a signature above the defendant's

 6        signature.

 7                     Did you sign that waiver of indictment form?

 8                     THE DEFENDANT:      Yes, I did, Your Honor.

 9                     THE COURT:     All right.     Did you discuss with your

10        attorney what it would mean to waive the indictment?

11                     THE DEFENDANT:      Yes.   Yes, Your Honor.

12                     THE COURT:     Do you understand you have a right to

13        have the charges made against you presented to a grand jury

14        and for the grand jury to decide whether probable cause

15        exists to return an indictment against you?

16                     THE DEFENDANT:      Yes, Your Honor.

17                     THE COURT:     Do you also understand that by signing

18        that waiver, you will be giving up your right to have the

19        charges presented to the grand jury and to have the grand

20        jury decide whether to return an indictment?

21                     THE DEFENDANT:      Yes, Your Honor.

22                     THE COURT:     All right.     Do all counsel have a copy

23        of the information?

24                     MR. MORRISON:     Yes, Your Honor.

25                     MR. GRIECO:     Yes, Your Honor.      Sorry.    I'm --

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 1                     THE COURT:     Okay.

 2                     MR. GRIECO:     My camera went off.

 3                     THE COURT:     All right.     Mr. Augustin, do you also

 4        have a copy of the information?

 5                     THE DEFENDANT:      Yes, Your Honor.

 6                     THE COURT:     All right.     I want to review the

 7        charge in the information with you, Mr. Augustin.               That is

 8        the charge that I understand you wish to plead guilty to.

 9        That is Count 1 of the information.           And I believe,

10        Mr. Augustin, you can turn to page 4 of the information and

11        that's where the discussion of Count 1 begins.

12                     Count 1 charges you with violating 18 U.S.C. 1349,

13        which pertains to conspiracy to commit wire fraud.

14                     Mr. Augustin, have you discussed Count 1 with your

15        attorney?

16                     THE DEFENDANT:      Yes, I have, Your Honor.

17                     THE COURT:     And do you understand the charge made

18        against you in Count 1?

19                     THE DEFENDANT:      Yes.    Yes, I have.

20                     THE COURT:     All right.     Now, Mr. Augustin, if

21        you -- if you are able, I'd like you -- we are going to talk

22        a little bit later about the plea agreement, but for your

23        information at this point, I'd like you to turn please to

24        page 5 of the plea agreement.           And do you see the table on

25        that page under "Elements of the Offense"?

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 1                     THE DEFENDANT:      Yes, Your Honor.

 2                     THE COURT:     Okay.   I just wanted you to have that

 3        up for your reference, because I'm now going to ask

 4        Mr. Morrison to state the essential elements of the offense

 5        that would have to be proven if the matter went to trial.

 6                     Mr. Morrison, would you -- would you state that,

 7        please?

 8                     MR. MORRISON:     Yes, Your Honor.       The offense of

 9        conspiracy to commit wire fraud has two elements.

10                     First, that two or more persons conspired or

11        agreed to violate federal drug -- federal laws concerning

12        wire fraud, being 18 U.S.C. Section 1343; and

13                     Second, that defendant knowingly and voluntarily

14        joined the conspiracy.

15                     And for reference, the object of conspiracy, wire

16        fraud, has four elements that define that offense.

17                     First, that a defendant knowingly participated in,

18        or devised or intended to devise a scheme to defraud in

19        order to obtain money or property;

20                     Second, that the scheme to defraud included a

21        material misrepresentation or concealment of a material

22        fact;

23                     Third, that a defendant had the intent to defraud;

24        and

25                     Fourth, that in advancing or furthering or

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 1        carrying out the scheme to defraud in order to obtain money

 2        or property, the defendant transmitted or caused the

 3        transmission of any writing, signal or sound by means of a

 4        wire, radio, or television communication in interstate

 5        commerce.

 6                     THE COURT:     All right.     Mr. Grieco, did

 7        Mr. Morrison adequately describe the essential elements of

 8        the offense in this case?

 9                     MR. GRIECO:     Yes, Your Honor.

10                     THE COURT:     All right.     Mr. Augustin, do you

11        understand each of the offense -- excuse me, each of the

12        elements described by Mr. Morrison?

13                     THE DEFENDANT:      Yes, Your Honor.

14                     THE COURT:     Do you have any questions regarding

15        any of those elements?

16                     THE DEFENDANT:      No, Your Honor.

17                     THE COURT:     All right.     Mr. Grieco, have you gone

18        over each of the elements of the offense with Mr. Augustin?

19                     MR. GRIECO:     Yes, Your Honor.

20                     THE COURT:     And do you believe that Mr. Augustin

21        understands those elements?

22                     MR. GRIECO:     Yes, Your Honor.

23                     THE COURT:     Now, Mr. Augustin, I'm going to next

24        ask Mr. Morrison to recite the penalties associated with the

25        charge to which you intend to plead guilty, but before he

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 1        does that, sir, I'd like you to turn to page 3 of the plea

 2        agreement.     At the top of that page and in the paragraph

 3        below, the plea agreement discusses some of these -- some of

 4        the potential penalties that would be involved, and I wanted

 5        you to have that there in front of you for reference.

 6                     I'm now going to ask Mr. Morrison to please state

 7        any max- -- mandatory minimum penalty, any maximum possible

 8        penalty, including imprisonment, fine, term of supervised

 9        release, and any applicable forfeiture or other provision.

10                     Mr. Morrison, would you state those, please?

11                     MR. MORRISON:     Yes, Your Honor.       The offense of

12        conspiracy to commit wire fraud is subject to up to 20 years

13        in prison, up to a fine of either $250,000 or an alternative

14        amount of twice the pecuniary gain or gross pecuniary loss,

15        up to three years' supervised release and a mandatory

16        special assessment of $100.

17                     The defendant is also agreeing to forfeiture in

18        the plea agreement, and this offense is subject to

19        forfeiture.

20                     I do want to note for the record and apologize to

21        the court and to the defense that I made a typo in paragraph

22        5 of the plea agreement.         The information correctly sets

23        forth the account, the last four account numbers there, the

24        last four numbers of the account in an effort to

25        [unintelligible] that account, and in this document,

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 1        however, I repeated the 2627.          That is correctly identified

 2        in the information, specifically in -- on page 9 of the

 3        information, that's page ID 213, ending in 2551.

 4                     So, and I don't think there's any dispute or

 5        confusion about this on the defendant's part.              He did

 6        separately execute the referenced turnover agreements on

 7        which the full account number is used and which for security

 8        reasons I won't put on the record.           But also that document

 9        ends in the last four numbers 2551.

10                     I don't believe we need to make any other record

11        other than just to acknowledge orally on the record here

12        that there is a typo in the plea agreement, and that the

13        defendant is agreeing to forfeit the account as charged in

14        the information and as agreed in the term of the plea

15        agreement.

16                     So the defendant is agreeing to forfeit all

17        contents of two accounts.         First, an account holding

18        approximately $271,588.28, for a Fifth Third Bank account

19        ending in 2627.      And next, the account holding approximately

20        $8,681.07 in a Fifth Third account number ending, not in

21        that same number, but ending in the 2551 as I referenced.

22                     And those property are forfeitable under 18 U.S.C.

23        Section 981 and 28 U.S.C. Section 2461.

24                     I also reference he has already done what's

25        required as stated in paragraph 7 regarding exceeding the

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 1        term of the agreement.

 2                     The defendant could also be subject to cost and

 3        will be subject to a restitution order as imposed by the

 4        court.    And that's referenced in paragraph 10 here, but

 5        additional details are found at the end of the plea

 6        agreement, or closer to the end of the plea agreement, I

 7        should say.      Specifically, on page 16, beginning at

 8        paragraph 57 through page 17, ending in paragraph 59.

 9                     THE COURT:     Okay.   Thank you very much.

10                     So, Mr. Augustin, when we're talking here about

11        the potential penalties, we're talking about -- the

12        information that Mr. Morrison just discussed, we're talking

13        about paragraphs 3 through 10 of the plea agreement.               Do you

14        see those paragraphs in front of you today?

15                     THE DEFENDANT:      Yes, Your Honor.

16                     THE COURT:     And did you review those paragraphs

17        with your attorney?

18                     THE DEFENDANT:      Yes, Your Honor.      Yes, I did.

19                     THE COURT:     And when you initialed the page

20        corners, were you agreeing to the terms of -- that were set

21        forth there?

22                     THE DEFENDANT:      Yes, Your Honor.

23                     THE COURT:     All right.     And do you understand that

24        Mr. Morrison has said there needs to be just a technical

25        correction to the account number for this to be accurate?

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 1                     THE DEFENDANT:      Yes, Your Honor.

 2                     THE COURT:     And do you agree with him that there

 3        are two accounts with two different numbers that would be

 4        subject to forfeiture in this case?

 5                     THE DEFENDANT:      Yes, Your Honor.

 6                     THE COURT:     All right.     And then I'd like you to

 7        turn also to page 16 of the plea agreement.             And on page 16,

 8        there's a section begins "Restitution" and there's

 9        paragraphs 57 on that page and then 58 and 59 on page 17.

10                     Do you see those paragraphs relating to

11        restitution?

12                     THE DEFENDANT:      Yes, Your Honor.

13                     THE COURT:     And did you review those paragraphs

14        with your attorney and signify that you agreed to those

15        paragraphs when you initialed those two pages of the plea

16        agreement?

17                     THE DEFENDANT:      Yes, Your Honor.

18                     THE COURT:     Okay.   Mr. Grieco, has Mr. Morrison

19        accurately described the applicable penalties in this case?

20                     THE DEFENDANT:      Yes, Your Honor.

21                     THE COURT:     All right.     Mr. Augustin, do you

22        understand the possible penalties for the charge against

23        you?

24                     THE DEFENDANT:      Yes, Your Honor.

25                     THE COURT:     All right.     Do you also understand

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 1        that restitution may be ordered as a condition of your

 2        probation?

 3                     THE DEFENDANT:      Yes, Your Honor.

 4                     THE COURT:     Do you understand that depending on

 5        your financial status, the court can order you to pay costs

 6        of confinement or supervised release?

 7                     THE DEFENDANT:      Yes, Your Honor.

 8                     THE COURT:     Do you understand that as a result of

 9        your guilty plea, a special assessment of $100 per count

10        must be imposed by the court?

11                     THE DEFENDANT:      Yes, Your Honor.

12                     THE COURT:     Do you understand that as a result of

13        your plea, you will be required to forfeit property to the

14        government?

15                     THE DEFENDANT:      Yes, Your Honor.      You're talking

16        about the accounts, right?

17                     THE COURT:     Right, forfeit property to the

18        government, and specifically, it's those two accounts that

19        are referenced in the plea agreement.            And I --

20                     Mr. Morrison, is there a possibility of other

21        forfeitures being sought under the plea agreement, or is it

22        just those two accounts?

23                     MR. MORRISON:     It's just those two accounts.            It's

24        charged as, you know, all property that's proceeds of,

25        et cetera, and those are the two accounts that we are

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 1        forfeiting under the plea agreement and nothing else.

 2                     THE COURT:     All right.     So, Mr. Augustin, do you

 3        understand that you will be subject to forfeiture of those

 4        two accounts as provided in the plea agreement?

 5                     THE DEFENDANT:      Yes, Your Honor.

 6                     THE COURT:     Do you understand that following any

 7        prison term, you would be subject to a period of supervised

 8        release?

 9                     THE DEFENDANT:      Yes, Your Honor.

10                     THE COURT:     Do you understand if the district

11        judge finds you have violated a condition of your supervised

12        release, she may send you back to prison regardless of how

13        much time in that supervised release you have served before

14        you violated the condition?

15                     THE DEFENDANT:      Yes, I have.

16                     THE COURT:     Do you understand if the court sends

17        you back to prison for less than two years, it may then

18        enter an order -- impose a further term of supervised

19        release following your imprisonment?

20                     THE DEFENDANT:      Yes, Your Honor.

21                     THE COURT:     We have discussed already a little bit

22        the plea agreement.       Mr. Augustin, you have reached a plea

23        agreement with the government; is that right?

24                     THE DEFENDANT:      Yes, Your Honor.

25                     THE COURT:     And, sir, do you have a copy of that

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 1        plea agreement?

 2                     THE DEFENDANT:      Yes, Your Honor.

 3                     THE COURT:     All right.     Do the attorneys both have

 4        copies of the plea agreement?

 5                     MR. MORRISON:     Yes, Your Honor.

 6                     MR. GRIECO:     Yes, Your Honor.

 7                     THE COURT:     All right.     Mr. Augustin, I'd like you

 8        to turn, please, to page 21 of the plea agreement.               It's the

 9        signature page.

10                     THE DEFENDANT:      Yes, Your Honor.

11                     THE COURT:     Okay.   At the top of that page, there

12        is a line that says "Phillip Augustin," and it has the date

13        November 9th, 2021 and a signature.           Is that your signature,

14        sir?

15                     THE DEFENDANT:      Yes, it is, Your Honor.

16                     THE COURT:     All right.     And all of the pages

17        prior, pages 1 through -- 1 through 20 of the plea

18        agreement, in the lower right-hand corner there are the

19        initials handwritten PA.

20                     Did you handwrite those initials on every page of

21        the plea agreement?

22                     THE DEFENDANT:      Yes, Your Honor.

23                     THE COURT:     When you added your initials to those

24        pages, was that to signify that you had reviewed all of the

25        contents of that page and discussed it with your attorney?

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 1                     THE DEFENDANT:      Yes, Your Honor.

 2                     THE COURT:     And when you initialed those pages and

 3        signed the plea agreement, was that signifying that you

 4        agreed to all of the terms of the plea agreement?

 5                     THE DEFENDANT:      Yes, Your Honor.

 6                     THE COURT:     All right.     Have you had the

 7        opportunity to read every part of the plea agreement and

 8        discuss its meaning with your attorney?

 9                     THE DEFENDANT:      Yes, I did, Your Honor, a few

10        times.

11                     THE COURT:     Did you -- do you understand the terms

12        of the plea agreement?

13                     THE DEFENDANT:      Yes, Your Honor.

14                     THE COURT:     All right.     Mr. Morrison, keeping in

15        mind that Mr. Augustin has reviewed in depth and agreed to

16        the specific terms of the plea agreement, would you please

17        briefly set forth the substance of the plea agreement?

18                     MR. MORRISON:     Yes, Your Honor.

19                     In this plea agreement, the defendant is agreeing

20        to plead guilty to the information in this case, and the

21        government is agreeing not to bring any other charges

22        against the defendant for violations known to our offices on

23        the date of the execution of the agreement as it relates to

24        the investigation.

25                     The defendant is also agreeing to the forfeiture

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 1        as you just discussed as charged in the information against

 2        him.

 3                     We have agreed to certain sentencing stipulations,

 4        specifically to certain stipulated offense level

 5        calculations.      Those total up to an offense level before

 6        acceptance of responsibility of 35 under Section 2B1.1 of

 7        the guidelines and 2C1.1.         And those are only stipulated

 8        recommendations to the district court, which will

 9        independently determine the correct offense level.

10                     The government agrees as of now, the defendant

11        qualifies for the three-level reduction for acceptance of

12        responsibility and has no reason to believe that it will not

13        move for that reduction at the time of sentencing.

14                     And the parties have no agreement regarding

15        criminal history.

16                     There is the defendant's agreement to waive any

17        right to appeal the conviction or sentence in this matter or

18        to otherwise attack it by a post-conviction motion save for

19        those specifically reserved in paragraph 23 of the plea

20        agreement, and specifically as it concerns his right to

21        appeal any sentence that exceeds the maximum of the

22        sentencing imprisonment range determined under the

23        guidelines using the stipulations and computations in this

24        plea agreement and the criminal history category as

25        determined by the court.

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 1                     There is a lengthy factual basis that will be

 2        stipulated to, which is only some of the facts that the

 3        defendant agrees are true in this matter.

 4                     The defendant also agrees to pay restitution, as

 5        we covered.

 6                     The defendant acknowledges the venue likely exists

 7        here, but to the extent there's any dispute, he agrees to

 8        waive any challenge he might have to venue.

 9                     And I think that would suffice as a summary of the

10        plea agreement's most important terms.

11                     THE COURT:     All right.     Thank you.

12                     Mr. Grieco, do you -- do you agree that

13        Mr. Morrison has accurately described the general substance

14        of the plea agreement?

15                     MR. GRIECO:     Yes, Your Honor.

16                     THE COURT:     All right.     Mr. Augustin, has anyone,

17        and this would include your attorney, attorney for the

18        government or the court, has anyone made any promise to you

19        other than what is made in the plea agreement that persuaded

20        or helped persuade you to plead guilty in this case?

21                     THE DEFENDANT:      No, Your Honor.

22                     THE COURT:     All right.     I'd like you,

23        Mr. Augustin, please to turn to page 7 of the plea

24        agreement, particularly to paragraph 23, which is labeled

25        "Waiver of Appeal and Post-Conviction Attack."

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 1                     Do you see that paragraph?

 2                     THE DEFENDANT:      Yes, Your Honor.

 3                     THE COURT:     Did you review and discuss that

 4        paragraph with your attorney before agreeing to those terms?

 5                     THE DEFENDANT:      Yes, Your Honor.

 6                     THE COURT:     All right.     As Mr. Morrison has

 7        discussed, that paragraph limits your ability to appeal

 8        any -- to appeal the guilty plea in this case.

 9                     Do you understand that if I recommend acceptance

10        of this agreement and the district judge accepts my

11        recommendation, that you cannot appeal your sentence except

12        as permitted under paragraph 23?

13                     THE DEFENDANT:      Yes, Your Honor.

14                     THE COURT:     Do you also understand if I recommend

15        acceptance of this agreement and the district judge accepts

16        my recommendation, you cannot contest your sentence by any

17        post-conviction proceedings except as permitted by paragraph

18        23?

19                     THE DEFENDANT:      Yes, Your Honor.

20                     THE COURT:     Do you further understand that under

21        some circumstances, the government may have the right to

22        appeal any sentence imposed?

23                     THE DEFENDANT:      Yes, Your Honor.

24                     THE COURT:     All right.     Mr. Augustin, have you and

25        your lawyer talked about how the sentencing guidelines might

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 1        apply in your case?

 2                     THE DEFENDANT:      Yes, Your Honor.

 3                     THE COURT:     All right.     I'd like you to turn

 4        please, sir, to page 5 of the plea agreement.              And there is

 5        a section there titled "Sentencing Stipulations and

 6        Agreements" above paragraph 16.

 7                     Do you see that page?

 8                     THE DEFENDANT:      Yes, Your Honor.

 9                     THE COURT:     All right.     And then if you follow

10        that through to pages 6 and 7, paragraphs 16 through 22,

11        those are the paragraphs that are in the category

12        "Sentencing Stipulations and Agreements."

13                     Did you discuss each of those paragraphs with your

14        lawyer?

15                     THE DEFENDANT:      Yes, Your Honor.

16                     THE COURT:     All right.     And by agreeing to the

17        plea agreement, did you agree to the terms in those

18        paragraphs?

19                     THE DEFENDANT:      Yes, Your Honor.

20                     THE COURT:     Okay.   Do you understand that those

21        paragraphs address the application of the sentencing

22        guidelines in your case?

23                     THE DEFENDANT:      Yes, Your Honor.

24                     THE COURT:     Do you understand that there is no

25        agreement between you and the government as to what criminal

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 1        history category applies in your case, and that the district

 2        court will determine what criminal history category will

 3        apply after receiving a presentence report?

 4                     THE DEFENDANT:      Yes, Your Honor.

 5                     THE COURT:     Do you understand that federal

 6        sentencing law requires the court to impose a sentence that

 7        is reasonable and that the court must consider the advisory

 8        United States Sentencing Guidelines in determining what is a

 9        reasonable sentence?

10                     THE DEFENDANT:      Yes, Your Honor.

11                     THE COURT:     Do you understand that sentencing

12        rests within the discretion of the court?

13                     THE DEFENDANT:      Yes, Your Honor.

14                     THE COURT:     Do you understand the court will

15        determine the advisory United States Sentencing Guidelines

16        imprisonment range that applies in your case after a

17        presentence report has been prepared by the U.S. Probation

18        Office and reviewed by the parties?

19                     THE DEFENDANT:      Yes, Your Honor.

20                     THE COURT:     Do you understand that the court must

21        consider the sentencing factors under 18 U.S.C. 3553(a) in

22        determining your sentence?

23                     THE DEFENDANT:      Yes, Your Honor.

24                     THE COURT:     Do you understand that any

25        recommendations contained in the plea agreement are not

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 1        binding on the court, and the court may impose any sentence

 2        provided by law?

 3                     THE DEFENDANT:      Yes, Your Honor.

 4                     THE COURT:     Do you understand that under federal

 5        sentencing law, after the court determines what guideline

 6        range applies in a case, the judge has the authority to

 7        sentence you to a longer or shorter period than what is

 8        recommended in the guidelines?

 9                     THE DEFENDANT:      Yes, Your Honor.

10                     THE COURT:     Do you understand that the court alone

11        will decide the applicable sentencing range, including

12        whether there is any basis to depart from that range or

13        impose a sentence outside of the guidelines, and will

14        determine what sentence to impose?

15                     THE DEFENDANT:      Yes, Your Honor.

16                     THE COURT:     Do you understand the sentence the

17        court imposes may be different from any estimate that your

18        attorney has given you?

19                     THE DEFENDANT:      Yes, Your Honor.

20                     THE COURT:     Do you also understand that if the

21        sentence is more severe than you expected, you will still be

22        bound by your plea and will not have the ability to withdraw

23        it?

24                     THE DEFENDANT:      Yes, Your Honor.

25                     THE COURT:     Do you also understand that parole has

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 1        been abolished, and if you are sentenced to prison, you will

 2        not be released on parole?

 3                     THE DEFENDANT:      Yes, Your Honor.

 4                     THE COURT:     All right.     Have you -- having

 5        discussed these rights with you, do you still wish to

 6        proceed with your guilty plea?

 7                     THE DEFENDANT:      Yes, Your Honor.

 8                     THE COURT:     All right.     Mr. Augustin, I'm now

 9        going to ask the U.S. Attorney to review the portion of the

10        plea agreement where you stipulate to the facts as they

11        relate to your conduct as charged in the information.

12                     I'm going to ask him to briefly summarize the

13        facts that the government believes could be proven by beyond

14        a reasonable doubt if the matter went to trial.

15                     And after he does so, I am going to ask you if

16        there are any facts in the plea agreement that you disagree

17        with, and I will give you the opportunity to correct any

18        facts you believe may be incorrect.

19                     THE DEFENDANT:      Okay.

20                     THE COURT:     Before we do that, Mr. Augustin, I

21        would like to direct your attention to page 8 of the plea

22        agreement.     Beginning on page 8 and continuing through page

23        16 of the plea agreement, paragraphs 25 through 56 of the

24        plea agreement discuss the factual basis as stipulated in

25        the plea agreement.

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                                                                                 41

 1                     Would you please briefly, Mr. Augustin, look at

 2        those paragraphs 25 to 56 to confirm that you recall looking

 3        at them when you signed the agreement?

 4                     THE DEFENDANT:      Yes, Your Honor.

 5                     THE COURT:     All right.     And when you initialed

 6        those pages, was that to stipulate that you agreed to the

 7        facts that were stated in the plea agreement?

 8                     THE DEFENDANT:      Yes, Your Honor.

 9                     THE COURT:     All right.     Mr. Morrison,

10        understanding that the facts are set forth specifically

11        within the plea agreement, would you please briefly and

12        generally summarize the fact admissions that are set forth

13        in the plea agreement?

14                     MR. MORRISON:     Yes, Your Honor.

15                     The defendant and the government stipulate that

16        from approximately March 2020 and through July of 2020, he

17        did conspire with a number of individuals, including his

18        codefendant, James Richard Stote, to commit fraud by

19        interstate and wire communications, specifically, wire

20        communications with confederate followers and with each

21        other about submitting fraudulent Paycheck Protection

22        Program, PPP, loan applications.

23                     As part of this scheme, the defendant and

24        Mr. Stote devised a scheme to submit these falsified

25        applications with falsified tax forms and other documents,

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 1        such as bank statements.         And Mr. Augustin's primary role on

 2        this scheme was in recruiting additional confederate

 3        followers.     And the arrangement was for them to agree to

 4        receive these fraudulent loans of hundreds of thousands of

 5        dollars in exchange for paying Mr. Stote and Mr. Augustin a

 6        fee, or a percentage of the amount of the loan.

 7                     And in furtherance of that scheme, they sent a

 8        number of interstate wire communications, including to

 9        confederate followers, including a confederate follower in

10        the Northern District of Ohio, Eastern Division.              And they

11        communicated with each other as well through interstate

12        communications, and submitted these fraudulent loan

13        applications through interstate wire communications.

14                     And that as a result of defendant's conduct, and

15        the conduct of the coconspirators, that was reasonably

16        foreseeable to him application materials for at least 34 PPP

17        loans worth at least 15 million, approximately, dollars were

18        submitted with additional applications planned to be

19        submitted.

20                     THE COURT:     All right.     Thank you.

21                     Mr. Grieco, do you agree that Mr. Morrison has

22        accurately given a general summary of the facts addressed in

23        the plea agreement?

24                     MR. GRIECO:     Yes, Your Honor.

25                     THE COURT:     All right.     Mr. Augustin, after

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 1        reviewing the paragraph that you agreed to in the plea

 2        agreement and hearing Mr. Morrison's general description, do

 3        you agree with all of the facts as stated in the plea

 4        agreement in those paragraphs that I just pointed out to

 5        you?

 6                     THE DEFENDANT:      Yes, Your Honor.

 7                     THE COURT:     All right.     Do you admit that the

 8        facts that are stated in the plea agreement are true?

 9                     THE DEFENDANT:      Yes, Your Honor.

10                     THE COURT:     Mr. Morrison, at this point, is there

11        any right or are there any procedural provisions that I have

12        failed to account for prior to receiving Mr. Augustin's

13        plea?

14                     MR. MORRISON:     No, Your Honor.       Thank you very

15        much for a fair hearing.

16                     THE COURT:     All right.     Mr. Grieco, from the

17        defense perspective, is there any right or are there any

18        procedural provisions that I have failed to account for

19        prior to receiving Mr. Augustin's plea?

20                     MR. GRIECO:     No, Your Honor.      We're prepared to

21        proceed.

22                     THE COURT:     All right.     Very good.

23                     Mr. Augustin, I'm now prepared to receive your

24        plea.    Do you want to confer with your attorney before we

25        proceed?

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 1                     THE DEFENDANT:      No, Your Honor.

 2                     THE COURT:     All right.     Do you have any questions

 3        for me before I ask you what your plea is?

 4                     THE DEFENDANT:      No, Your Honor.

 5                     THE COURT:     Now that I have advised you of your

 6        rights and have received evidence as to your competence and

 7        as to the factual basis for your plea, Mr. Augustin, how do

 8        you plead to Count 1 of the information, guilty or not

 9        guilty?

10                     THE DEFENDANT:      I plead guilty.

11                     THE COURT:     Now, are you pleading guilty to the

12        offense charged in Count 1 of the information because you

13        are in fact guilty of that offense?

14                     THE DEFENDANT:      Yes, and I just want to take

15        accountability for my wrongdoing.

16                     THE COURT:     Mr. Augustin, I've considered your

17        testimony and your acknowledgement that you are guilty as

18        charged in Count 1 of the information, that there is an

19        adequate factual basis for your plea, that you have had the

20        assistance of an able lawyer, that you know your

21        constitutional right to a trial and knowing you waived those

22        rights, and that you know the maximum possible punishment

23        and the advisory sentencing guidelines recommendations, I

24        hereby make the following findings:

25                     I find that Mr. Augustin is fully competent to and

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 1        capable of entering an informed plea.

 2                     That he is aware of the nature of the charges

 3        brought against him and the consequences of his plea.

 4                     That there is a factual basis for his plea.

 5                     That his plea of guilty to the offense charged in

 6        Count 1 of the information is a knowing and voluntary plea

 7        supported by an independent basis in fact containing each of

 8        the essential elements of the offense charged.

 9                     I therefore will recommend to District Judge

10        Barker that she approve the plea agreement, that she accept

11        Mr. Augustin's plea, and that she adjudge him guilty of the

12        offense charged in Count 1 of the information.

13                     Mr. Augustin, to expedite the completion of the

14        case, the matter will be immediately referred to the United

15        States Probation Office for the preparation of a presentence

16        report.

17                     Mr. Augustin, it is in your best interest to

18        cooperate with the probation officer fully and completely in

19        furnishing information for that report since that report

20        will be important in the decision as to what your sentence

21        will be.

22                     The presentence report will inform the district

23        judge application of the 3553(a) factors and her obligation

24        to impose a sentence that is sufficient, but not greater

25        than necessary.

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 1                     You and your counsel will have the right and the

 2        opportunity to examine that presentence report and to

 3        comment on it at the time of sentencing.

 4                     You will have the right to be reasonably heard

 5        before your sentencing, and therefore, will be permitted to

 6        speak at your sentencing if you desire to do so.

 7                     A question for the clerk.        Do we have a

 8        disposition sentencing date currently?

 9                     THE CLERK:     No, Your Honor, we do not.

10                     THE COURT:     All right.     The disposition sentencing

11        will be set by Judge Barker.

12                     The defendant will remain on bond subject to the

13        conditions that were previously set.

14                     Mr. Augustin, let me remind you that a failure to

15        appear at your sentencing hearing is a separate criminal

16        offense for which the penalties are severe.             Also, if you

17        commit a crime while you are on release, you may be subject

18        to more severe penalties than those imposed on other people

19        who commit the same crime.

20                     Further, if any condition of release that was

21        previously set, those will all remain in full force and

22        effect.     And if you violate any of those conditions, that

23        could also subject you to severe penalties.

24                     Do you understand all that I've told you?

25                     THE DEFENDANT:      Yes, Your Honor.

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 1                     THE COURT:     All right.     Mr. Morrison, is there

 2        anything further on behalf of the United States?

 3                     MR. MORRISON:     No.    Thank you very much, Your

 4        Honor.

 5                     THE COURT:     All right.     Mr. Grieco, anything

 6        further on behalf of the defense?

 7                     MR. GRIECO:     No, Your Honor.      Thank you.

 8                     THE COURT:     Mr. Augustin, do you understand

 9        everything that has just occurred?

10                     THE DEFENDANT:      Yes, Your Honor.

11                     THE COURT:     Do you have any questions for me

12        before we conclude?

13                     THE DEFENDANT:      No, Your Honor.

14                     THE COURT:     All right.     Thank you all.     We're

15        adjourned.

16               (Thereupon, proceedings concluded at 12:38 p.m.)

17                                           - - -

18
                                   C E R T I F I C A T E
19
                 I certify that the foregoing is a correct transcript,
20        to the best of my ability, transcribed from a digital audio
          recording from the record of proceedings in the
21        above-entitled matter.

22
                        /s/ Mary L. Uphold                 December 27, 2021
23                      Mary L. Uphold, RDR, CRR           Date

24

25

                    MARY L. UPHOLD, RDR, CRR              (330) 884-7424

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