Transcript — United States v. David Staveley (Dkt. 68, D.R.I. No. 1:20-cr-00074)

Record facts

U.S. District Court for the District of Rhode Island · No. 1:20-cr-00074-WES-LDA · Doc. 68 · 2022-01-25 · Docket on CourtListener

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
 
 
 
* * * * * * * * * * * * * * * *
C.R. NO. 20-74-MSM 
                              *
UNITED STATES OF AMERICA      * 
                              * 
    VS.                       *
MAY 17, 2021 
                              * 
10:30 A.M.
DAVID STAVELEY                *
                              *  
* * * * * * * * * * * * * * * *
VIA VIDEOCONFERENCE
 
 
BEFORE THE HONORABLE MARY S. McELROY,
DISTRICT JUDGE
(Change of Plea Hearing)
APPEARANCES: 
 
FOR THE GOVERNMENT:   LEE VILKER, AUSA
  U.S. Attorney's Office
       50 Kennedy Plaza
  Providence, RI  02903
FOR THE DEFENDANT:   JASON P. KNIGHT, ESQ.
  Law Office of Jason P. Knight
  One Turks Head Place, Ste. 1440
  Providence, RI  02903
Court Reporter:   
  Karen M. Wischnowsky, RPR-RMR-CRR
  One Exchange Terrace
   
  Providence, RI  02903
 
 
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17 MAY 2021 -- 10:30 A.M.
VIA VIDEOCONFERENCE 
THE COURT:  We are on the record in Criminal 
Action 20-74, the United States of America versus David 
Staveley.  Would counsel please identify themselves for 
the record. 
MR. KNIGHT:  Jason Knight on behalf of David 
Staveley, your Honor. 
THE COURT:  Good morning. 
MR. VILKER:  Good morning, your Honor.  Lee 
Vilker on behalf of the United States. 
THE COURT:  Good morning.  Pursuant to this 
Court's orders regarding matters during the coronavirus 
pandemic, we found that a public health crisis exists 
and it's in the best interest of the Defendants and 
their attorneys, court staff, the United States 
marshals and the public that human contact be minimized 
to the greatest extent possible.  
That's obviously not news to anyone.  We've been 
doing this for more than a year now; but to that end, 
Mr. Staveley, today's change of plea is being conducted 
via Zoom video conference as outlined in this Court's 
general orders from last year.  
So I just want to go over a few things, but 
first I'm going to have the clerk swear you in.  Okay?  
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So raise your right hand, please.  
(Defendant sworn) 
THE CLERK:  Please state your name and spell 
your last name for the record. 
THE DEFENDANT:  David Staveley, S-T-A-V-E-L-E-Y.  
THE COURT:  Mr. Staveley, you are now under 
oath, and that requires that you give truthful answers 
to the questions that I ask you.  Do you understand 
that?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  Okay.  If I ask a question that you 
don't understand or you're unable to hear, just ask me 
to repeat it, and I'd be glad to do that or to explain 
it further.  
THE DEFENDANT:  Thank you. 
THE COURT:  If at any time you want to discuss a 
matter with your attorney, even before answering a 
question, just tell me, and I'll give you the 
opportunity to do that.  Do you understand?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  Okay.  Before I ask you whether you 
intend to waive your right to appear in person, I want 
you to know the following:  Our normal procedure is to 
have all Defendants physically present in the courtroom 
for changes of plea.  Do you understand that?  
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THE DEFENDANT:  Yes, your Honor. 
THE COURT:  Because we're in the middle of a 
pandemic, the President and the Governor have all 
declared states of emergency; and we are attempting as 
best we can to protect the health and safety of our 
court employees, lawyers, Defendants, security 
personnel and everyone else who is involved in the 
court system while at the same time attempting to 
permit the basic functions of the court, such as this 
hearing, to go forward.  
The transportation of Defendants to and from the 
courthouse for court proceedings is likely to increase 
health risks to all persons involved, including 
yourself, Mr. Staveley, your attorney, security 
personnel, drivers and court personnel.  
So I understand that you intend to waive or give 
up your right to be physically present at the 
courthouse for this proceeding and have agreed to 
appear by Zoom; is that correct?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  Do you understand why we're using 
this video conference procedure and that it is because 
of the public health crisis that the COVID-19 pandemic 
presents?  
THE DEFENDANT:  Yes. 
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THE COURT:  And do you understand that you have 
the right to be present in the courthouse for this 
proceeding?  
THE DEFENDANT:  Yes, I do. 
THE COURT:  I'm sorry.  Can you speak up, 
please. 
THE DEFENDANT:  Yes, I do. 
THE COURT:  Do you understand that you -- have 
you discussed this waiver of your right to be 
physically present at the courthouse with your 
attorney, Mr. Knight?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  And do you understand that if you 
wish to speak to your attorney during the proceedings, 
you should let me know, and I can make arrangements for 
you to communicate?  
THE DEFENDANT:  Yes.  Thank you. 
THE COURT:  And do you understand that you have 
the right to hear and see everything that happens in 
court?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  Do you understand that your family 
members and other supporters have the right to attend 
this proceeding and we've made those arrangements?  In 
fact, your mother is present. 
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THE DEFENDANT:  Yes, your Honor.  Thank you. 
THE COURT:  The fact that this proceeding, a 
change of plea, is being conducted via video conference 
does not diminish the legal significance or importance 
of the proceeding.  Do you understand that you will be 
bound by what happens in this proceeding?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  Has anyone coerced you, threatened 
you or pressured you in any way to waive or give up 
your right to be physically present for your change of 
plea?  
THE DEFENDANT:  No.  No, your Honor. 
THE COURT:  Has anybody made any threats against 
any family member or anyone else near and dear to you 
to persuade you to give up your right to be physically 
present?  
THE DEFENDANT:  No, your Honor. 
THE COURT:  Okay.  Do you agree or wish to waive 
your right to appear in person for your change of plea 
and appear instead by video conference?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  Mr. Knight, I understand that you've 
spoken to Mr. Staveley and explained the uniqueness of 
the situation that we're in. 
MR. KNIGHT:  Yes, your Honor.  
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THE COURT:  Is there any reason that he should 
not be permitted to waive or give up his right to be 
present?  
MR. KNIGHT:  No, your Honor.  I've discussed the 
matter with Mr. Staveley.  He understands that this is 
how it's done during the time of COVID.  For today's 
proceeding, which is a change of plea, while important, 
I believe that it can be done thoroughly over the 
airwaves, so to speak.  We will be requesting an 
in-person sentencing because of some of the issues 
presented in this case. 
THE COURT:  Okay.  Thank you, Mr. Knight.  
I find that the Defendant has made a knowing and 
voluntary waiver of his right to appear physically at 
his change of plea hearing, and I further find that 
requiring him to be present would jeopardize the public 
health and safety and particularly the health and 
safety of those who are or would be present with 
Mr. Staveley during the court proceeding and 
transportation.  
And I find that delay would seriously jeopardize 
the interest of justice.  So I accept Mr. Staveley's 
waiver, and we can proceed with the change of plea at 
this time.  
Okay.  Mr. Staveley, you're still under oath, 
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and I want you to remember that.  Okay?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  Where were you born?  
THE DEFENDANT:  Lowell, Massachusetts. 
THE COURT:  And how old are you?  
THE DEFENDANT:  Fifty-four. 
THE COURT:  How far did you go in school?  
THE DEFENDANT:  High school. 
THE COURT:  And have you been treated recently 
for any mental illness or addiction to narcotic drugs 
of any kind?  
THE DEFENDANT:  No.  Well, I guess no.  
THE COURT:  What do you mean, "I guess no"?  
THE DEFENDANT:  I have PTSD, and I get treated 
or I was getting treated before I came here. 
THE COURT:  And you're not currently being 
treated?  
THE DEFENDANT:  They don't have any treatment 
for me here. 
THE COURT:  Is it concerning to you -- do you 
feel that you're able to understand what's going on 
even though you are not currently being treated?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  And are you currently under the 
influence of any drugs, medication or alcoholic 
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beverages of any kind?  
THE DEFENDANT:  No, your Honor. 
THE COURT:  Is that a no?  
THE DEFENDANT:  No, your Honor. 
THE COURT:  Have you received a copy of the 
Indictment that the Government presented against you?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  And that's the written charge, as 
you understand, made against you in this case.  Have 
you fully discussed it with your attorney, Jason 
Knight?  
THE DEFENDANT:  I have, your Honor. 
THE COURT:  Okay.  And are you fully satisfied 
with his representation and his advice that he's given 
to you in this case?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  Okay.  Did you have an opportunity 
to read and discuss this plea agreement with Mr. Knight 
before signing it?  
THE DEFENDANT:  I have, your Honor. 
THE COURT:  Okay.  Does it represents in its 
entirety the understanding that you have with the 
Government?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  Do you understand all of the terms 
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of this plea agreement?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  And has anyone made any promises or 
assurances to you that are not contained in the plea 
agreement in order to persuade you to accept this 
agreement?   
THE DEFENDANT:  No.  No, your Honor. 
THE COURT:  Has anyone threatened you in any way 
to persuade you to accept this agreement?  
THE DEFENDANT:  No, your Honor. 
THE COURT:  Do you understand that the terms of 
the plea agreement are merely recommendations and that 
the Court -- that I can reject the recommendations 
without allowing you to withdraw your plea of guilty 
and sentence you to a sentence that's more severe than 
you may anticipate?  Do you understand that?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  Has anyone attempted to force you to 
plead guilty in this case?  
THE DEFENDANT:  No, your Honor. 
THE COURT:  Has anyone threatened you or made 
any promises or assurances to you to get you to plead 
guilty?  
THE DEFENDANT:  No. 
THE COURT:  Do you understand that the offenses 
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that you're pleading guilty to are felony offenses?  
THE DEFENDANT:  Yes. 
THE COURT:  And that, Mr. Staveley, if your plea 
is accepted, you'll be adjudged guilty of those 
offenses and that the adjudication could deprive you of 
certain valuable civil rights, such as the right to 
vote, the right to hold public office, the right to 
serve on a jury and the right to possess any kind of 
firearm?  Do you understand that?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  Okay.  So I'm going to go briefly 
over the terms of your plea agreement.  I want you to 
listen carefully; and if there's anything that you 
don't understand, let me know.  
You're agreeing as part of this agreement to 
plead guilty to Counts I and VII of the Indictment 
which charge you with conspiracy to commit bank fraud 
and failure to appear in court as required.  Do you 
understand that?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  Okay.  In exchange for your plea, 
the Government will recommend or is agreeing to 
recommend that the Court impose a term of imprisonment 
within the sentencing range determined by the Federal 
Sentencing Guidelines.  Do you understand that?  
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THE DEFENDANT:  Yes, your Honor. 
THE COURT:  Okay.  And the Government's also 
agreeing to recommend a two-level reduction for 
acceptance of responsibility.  Do you understand that?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  And they're also stating that you 
timely notified the Government of your intent to plead 
guilty; and so if your offense level is 16 or greater, 
then they are -- they will move for a third level 
reduction for acceptance of responsibility.  Do you 
understand that?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  Okay.  And at the time of 
sentencing, the Government is telling us that they'll 
agree to dismiss Counts II through VI of the 
Indictment.  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  You're agreeing with the Government 
that the intended loss applicable to the offense 
charged in Count I is $543,959.  So there's a 12-level 
enhancement because it is between $250,000 and 
$550,000.  Do you understand that?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  Okay.  You're also giving up your 
right to appeal the sentence in this case if the 
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sentence is within or below the advisory guideline 
range.  Do you understand that?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  So, now, have you and your attorney 
talked about the advisory sentencing guidelines?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  Okay.  And do you understand that 
the Court will not be able to determine the range for 
your case until after the presentence report has been 
determined or has been completed and you and your 
attorney have had an opportunity to review it and to 
challenge the application of the guidelines as well as 
the reported facts?  Do you understand that?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  Okay.  And so the sentence 
ultimately recommended by the Probation Department or 
the guideline range accepted by this Court might be 
different than the guideline range that your attorney 
estimated for you.  Do you understand that?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  Okay.  And that the ultimate 
sentence imposed might be different from any estimate 
your attorney has given you.  Do you understand that?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  Do you also understand that after 
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the Probation Department does the presentence report 
and determines the initial advisory guideline range, 
the Court has the authority in some cases to depart 
upward or downward from that range and that could 
result in imposition of a sentence that's different 
than the one that you anticipated?  Do you understand 
that?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  And when sentencing occurs, when we 
have a sentencing date, the Court is required to 
correctly calculate the guidelines and consider them; 
but the Court also needs to consider other statutory 
sentencing factors that are contained in 18 U.S.C. 
3553(a).  Have you gone over those factors with your 
attorney?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  Okay.  And he's explained to you 
what this Court will look at to determine an 
appropriate sentence for you?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  Okay.  And do you understand that 
parole has been abolished in the federal system and 
that if you are sentenced to prison, you won't be 
released early on parole?  
THE DEFENDANT:  Yes, your Honor. 
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THE COURT:  Okay.  Now, you may have the right 
to appeal a sentence, generally speaking, but the plea 
agreement indicates that you give up that right if it's 
within or below the advisory guideline sentencing 
range.  Do you understand that?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  Okay.  I want to explain to you what 
the maximum penalties are for the two charges for which 
you're pleading guilty.  Okay?  
So for Count I, the maximum penalty is 30 years 
of imprisonment, five years of supervised release and a 
fine of $1 million.  The Court is also required to 
impose a special assessment of $100 for each count.  Do 
you understand that?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  For Count VII, which is the other 
count that you're pleading guilty to, the maximum 
penalty is 10 years of imprisonment with three years of 
supervised release, a fine of $250,000 and a special 
assessment of $100.  Do you understand that?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  So if the Court were to impose 
sentences consecutively for those charges, the maximum 
would be -- for the counts that you're pleading guilty 
to would be 40 years of imprisonment, a fine of 
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$1,250,000 and a term of supervised release of five 
years with a special assessment of $200.  Do you 
understand all of that?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  Okay.  Is there any forfeiture or 
restitution, Mr. Vilker?  
MR. VILKER:  There is not, your Honor. 
THE COURT:  Okay.  Thank you.  
Mr. Staveley, do you understand that you have 
the right to plead not guilty to any offense charged 
and to persist in that plea?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  And then you would have the right to 
a trial by a jury.  Do you understand that?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  Just keep your voice up a little, 
tiny bit.  Okay?  
THE DEFENDANT:  This microphone's terrible. 
THE COURT:  It is, and you're soft-spoken.  So 
the combination's not great, but I want to make sure 
you can hear this and understand it.  Okay?  
So you have the right to a trial by a jury.  Did 
you discuss that with your attorney?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  And you understand what a trial by 
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jury would be?  
THE DEFENDANT:  Yes, your Honor.  Yes. 
THE COURT:  At trial you'd be presumed innocent 
and the Government or Mr. Vilker on behalf of the 
Government would have to prove your guilt beyond a 
reasonable doubt.  Do you understand that?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  Okay.  And at that trial you would 
have the right to assistance of counsel for your 
defense; and at every other stage of the proceedings as 
well as trial, Mr. Knight could be there with you.  Do 
you understand that?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  You would have the right to see and 
hear the witnesses that the Government presents and 
have them cross-examined in your defense.  Do you 
understand that?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  You would have the right on your own 
part to testify or, if you chose not to, to decline to 
testify; and the Government couldn't use the fact that 
you declined to testify against you in any way in order 
to attempt to prove your guilt.  Do you understand 
that?  
THE DEFENDANT:  Yes, your Honor. 
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THE COURT:  At trial you'd also have the right 
to compel or force the attendance of witnesses to 
testify in your defense.  You would be able to use the 
Court to subpoena witnesses to come in and testify in 
your defense if you chose to do that.  Do you 
understand that?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  And do you understand that if you 
did have a trial and you decided not to testify or put 
on any evidence, those facts couldn't be used against 
you in order to prove your guilt?  Do you understand 
that?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  Do you further understand that by 
entering this plea of guilty, if the plea is accepted 
by the Court, there will be no trial and you will have 
waived or given up your right to a trial as well as all 
of those rights associated with trial that I just 
described to you?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  Do you have any questions about any 
of that?  
THE DEFENDANT:  No, your Honor. 
THE COURT:  Okay.  I'm going to ask the 
Government to place on the record the essential 
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elements of the two charges that you are pleading 
guilty to as well as the facts that they would present 
to support those charges had this case gone to trial.  
Listen carefully.  At the end I'm going to ask 
you if you have any questions and if you agree that 
those are the facts the Government would present.  
MR. VILKER:  Thank you, your Honor.  The 
elements for Count I, conspiracy to commit bank fraud, 
first, that there was an agreement similar to the one 
that was described in the Indictment that existed and, 
second, that the Defendant knowingly entered into the 
agreement.  
The offense -- the elements of the underlying 
offense of bank fraud are that the Defendant knowingly 
executed a scheme or artifice to defraud or to obtain 
money or property by means of false or fraudulent 
representations, pretenses or promises; two, that he 
did so involving a financial institution as that term 
is defined by 18 United States Code, Section 20; third, 
that the Defendant acted with the intent to defraud; 
and, fourth, that the false or fraudulent pretenses, 
representations or promises were material, meaning that 
they would naturally tend to influence the decision of 
the financial institution.  
The elements for Count VII, the failure to 
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appear count, is, first, that the Defendant was 
released pursuant to the Bail Reform Act; second, that 
the Defendant was required to appear in court; third, 
that the Defendant was aware of this required 
appearance; fourth, that the Defendant failed to appear 
as required; and, fifth, that the Defendant was willful 
in his failure to appear.  
The facts of the case, your Honor, are as 
follows:  This Defendant, David Staveley, and his 
co-conspirator, David Butziger, conspired to defraud 
Bank Newport by submitting false and fraudulent loan 
applications under the federal Paycheck Protection 
Program that was created by Congress in response to the 
coronavirus crisis.  
The PPP program or the Paycheck Protection 
Program authorized billions of dollars in forgivable 
loans, that is, loans that would be repaid to the banks 
by the Government instead of the borrower, the small 
businesses, for the purpose of job retention and 
certain other expenses.  
Mr. Staveley and Mr. Butziger conspired to 
submit four fraudulent PPP loan applications to Bank 
Newport in April of 2020.  
On each of these applications, Mr. Staveley and 
Mr. Butziger falsely represented that different 
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businesses had significant numbers of employees and 
large monthly payrolls when they did not.  
First, on April 6th of 2020, Mr. Staveley, in 
the name of his brother, Greg Sanborn, submitted a loan 
application under the PPP to Bank Newport on behalf of 
an entity called Oakland Beach Restaurant Group LLC, 
doing business as Top of the Bay.  
The loan application was in the amount of 
$185,750 and fraudulently represented that Oakland 
Beach Restaurant Group LLC had 26 employees and an 
average monthly payroll of $50,000 at the Top of the 
Bay restaurant in Warwick.  
In truth, although Mr. Staveley had been in 
negotiations to purchase the Top of the Bay restaurant, 
he never did so and had no employees or payroll at all 
at this location.  
In furtherance of this application, Mr. Staveley 
submitted to Bank Newport an IRS 941 form.  That form 
fraudulently listed wages for Oakland Beach Restaurant 
Group to be $158,723.52 for the first quarter of 2020 
when, in fact, no wages were paid during this period.  
Co-Defendant David Butziger knowingly created 
this false and fraudulent 941 form that Mr. Staveley 
then submitted to Bank Newport.  
Also, on or about October -- excuse me, on or 
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about April 6th of 2020, Mr. Staveley, again in the 
name of his brother, Greg Sanborn, submitted a loan 
application under the PPP to Bank Newport on behalf of 
the entity Apponaug Restaurant Group LLC, doing 
business as Remington House.  
The loan application was in the amount of 
$144,050 and fraudulently represented that Apponaug 
Restaurant Group had 18 employees and an average 
monthly payroll of $46,000.  
In truth and in fact, the Remington House 
restaurant had been closed since November of 2018 and 
Apponaug Restaurant Group had no employees.  
In furtherance of his application, Mr. Staveley 
submitted to Bank Newport an IRS 941 form that 
fraudulently listed wages of that entity, Apponaug 
Restaurant Group, to be $138,000 for the first quarter 
of 2020 when, in fact, no wages had been paid.  
The Co-Defendant, David Butziger, knowingly 
created this false and fraudulent 941 form that 
Mr. Staveley then submitted to Bank Newport.  
On or about April 6th of 2020, Mr. Butziger 
submitted a loan application under the PPP to Bank 
Newport in his own name on behalf of an unincorporated 
entity that he called Dock Wireless.  
That loan application was in the amount of 
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$105,381.50 and fraudulently represented that Dock 
Wireless had seven employees and an average monthly 
payroll of $42,152 when, in fact, Dock Wireless had no 
employees at all.  
Finally, on or about, again, April 6th of 2020, 
Mr. Staveley, in the name of his brother, Greg Sanborn, 
submitted a loan application under the PPP to Bank 
Newport on behalf of New Flat Penny LLC, doing business 
as On The Trax, a restaurant in Berlin, Massachusetts.  
The loan application was for $108,777.50 and 
fraudulently represented that New Flat Penny had 22 
employees and an average monthly payroll of $36,000.  
In truth, although New Flat Penny did own and 
operate the On The Trax restaurant in 2019 and the 
beginning of 2020, the On The Trax restaurant was 
closed permanently on or about March 10th of 2020 after 
its liquor license was revoked.  
On or about May 5th, 2020, Mr. Staveley appeared 
before Honorable Magistrate Lincoln D. Almond in this 
court on a criminal complaint charging him with 
offenses related to his PPP fraud.  
The Court set Mr. Staveley -- released 
Mr. Staveley on personal recognizance bond and set 
numerous conditions for Mr. Staveley's pretrial 
release.  
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On or about May 11th, 2020, on a motion -- on 
motion from the Government, the Court modified 
Defendant's pretrial release conditions to include the 
conditions of home confinement with electronic 
monitoring.  
On May 20th of 2020, the Court scheduled a 
preliminary hearing and a hearing on the Government 
motion to modify the Defendant's pretrial release 
conditions and scheduled that hearing to take place on 
June 2nd of 2020.
On May 26th of 2020, Mr. Staveley removed the 
electronic monitoring device from his body and fled.  
In an effort to deceive law enforcement into believing 
that he had died, Mr. Staveley staged his suicide by, 
among other things, leaving suicide notes with 
associates and family members and in his car, which he 
left unlocked and parked by the Atlantic Ocean.  
From on or about May 25th of 2020 to July 23rd 
of 2020, in an effort to avoid apprehension, 
Mr. Staveley traveled to various states in this country 
using false identities and stolen license plates.  
He was apprehended by the United States Marshal 
Service in Alpharetta, Georgia, on July 23rd of 2020.  
Mr. Staveley did not appear as directed at the court 
hearing that had been scheduled for June 2nd of 2020.  
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Those are the facts of the case, your Honor.  
THE COURT:  Okay.  Thank you, Mr. Vilker.  
Mr. Staveley, did you hear all of those facts?  
THE DEFENDANT:  I did, your Honor. 
THE COURT:  Do you agree and admit that the 
Government could prove those facts were this case to go 
to trial?  
THE DEFENDANT:  Can I talk to my attorney?  
THE COURT:  Sure.  We're going to put you in a 
breakout room.  We're going to give you a minute, 
Mr. Staveley.
THE DEFENDANT:  No, it's fine, your Honor.  Yes, 
I agree.  I agree. 
THE COURT:  Mr. Knight, would you prefer to 
speak to Mr. Staveley before he -- 
MR. KNIGHT:  I wouldn't, your Honor.  I've gone 
over extensively this part of the plea process with 
him.  Mr. Staveley is more than capable of speaking for 
himself.  If he wants to speak to me, I'm here; but if 
he indicates to the Court he doesn't need it, I trust 
him.  
THE DEFENDANT:  I agree, your Honor.  I agree 
with what Mr. Vilker said. 
THE COURT:  All right.  Do you understand that 
you're admitting that those are the facts that the 
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Government would prove if this case were to go to 
trial?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  And you're admitting to those facts?  
THE DEFENDANT:  Yes, your Honor. 
THE COURT:  Okay.  How do you now plead to the 
charges in the Indictment, Counts I and VII, guilty or 
not guilty?  
THE DEFENDANT:  Guilty, your Honor. 
THE COURT:  Okay.  It is the finding of the 
Court in the case of the United States versus David 
Staveley that the Defendant is fully competent and 
capable of entering an informed plea and that he is 
aware of the nature of the charges and the consequences 
of the plea and that the plea of guilty is a knowing 
and voluntary plea supported by an independent basis in 
fact containing each of the essential elements of the 
two charges.  The plea is, therefore, accepted; and the 
Defendant is now adjudged guilty of that offense.  
Mr. Staveley, the Probation Department will be 
interviewing you for a presentence report.  Please 
cooperate with them.  You will have the opportunity to 
go over that report before it is finalized.  Do you 
understand that?  
THE DEFENDANT:  Yes, your Honor.  Thank you. 
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THE COURT:  Okay.  Sentencing is currently set 
for August 2nd at 10 a.m., and I believe Mr. Knight 
requested that that be in person.  So we will schedule 
that as an in-person sentencing.  Is there anything 
else?  
MR. KNIGHT:  I do have one housekeeping issue of 
a sensitive nature, but I do want to mention it to you 
with Mr. Vilker.  I don't know -- we're in a public 
forum here.  Is there a possibility that we could 
sidebar?  
THE COURT:  Yes.  Off the record or on the 
record, Mr. Knight?  
MR. KNIGHT:  Off the record would be great. 
THE COURT:  So, Karen, thank you.  We won't need 
you.  
(Discussion held off the record)
(Adjourned)
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C E R T I F I C A T I O N
 
 
  
I, Karen M. Wischnowsky, RPR-RMR-CRR, do 
hereby certify that the foregoing pages are a true and 
accurate transcription of my stenographic notes in the 
above-entitled case.
 January 25, 2022                      
Date
/s/ Karen M. Wischnowsky________________  
Karen M. Wischnowsky, RPR-RMR-CRR
Federal Official Court Reporter 
Case 1:20-cr-00074-WES-LDA     Document 68     Filed 01/25/22     Page 28 of 28 PageID #:
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