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Home Court filings U.S. v. Amber Rewis Bruey Transcript of Initial Appearance and Arraignment — United States v. Amber Rewis Bruey a…

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Transcript of Initial Appearance and Arraignment — United States v. Amber Rewis Bruey and Anthony James Bruey

No. 2:21-cr-00074 · Doc. 127 · Docket on CourtListener

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Case 2:21-cr-00074-TPB-K_D   Document 127   Filed 08/23/22   Page 1 of 21 PageID 720




                              UNITED STATES DISTRICT COURT
                               MIDDLE DISTRICT OF FLORIDA
                                  FORT MYERS DIVISION


        UNITED STATES OF AMERICA,      ) Fort Myers, Florida
                                       )
                                       ) Case 2:21-CR-74-JLB-MRM
        Plaintiff                      )
                                       ) Friday, September 17, 2021
        vs.                            )
                                       ) 2:25 p.m. to 2:46 p.m.
        ANTHONY JAMES BRUEY, and       )
        AMBER REWIS BRUEY,             )
                                       )
        Defendants.                    )
        _______________________________)



                 TRANSCRIPT OF INITIAL APPEARANCE AND ARRAIGNMENT

                      HELD BEFORE THE HONORABLE MAC R. MCCOY,

                             United States Magistrate Judge




                                        Official Court Reporter:
                                        Jeffrey G. Thomas, RPR, CRR
                                        2110 First Street, Suite 2-194
                                        Fort Myers, FL 33901
                                        Telephone: (239) 461-2033




        (Proceedings recorded by Digital Recording Equipment.
        Transcript produced using computer-aided transcription.)
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                                                                                    2


   1                            A P P E A R A N C E S

   2
        COUNSEL FOR GOVERNMENT:
   3
                             United States Attorney's Office
   4                         Middle District of Florida
                             United States Courthouse
   5                         2110 First Street
                             Room 3-137
   6                         Fort Myers, FL 33901
                             (239)461-2200
   7                         BY: TRENT REICHLING, ESQ.

   8
        COUNSEL FOR DEFENDANT JAMES BRUEY:
   9
                             Mangone & Miller Law Offices
 10                          Suite 502
                             2335 Stanford Court
 11                          Naples,Florida 34112
                             (239)774-4100
 12                          BY: LANDON P. MILLER, ESQ.

 13
        COUNSEL FOR DEFENDANT AMBER REWIS BRUEY:
 14
                             Federal Public Defender's Office
 15                          2075 West First Street, Suite 300
                             Fort Myers, FL 33901
 16                          (239) 334-0397
                             BY: JAMES LAPPAN, ESQ.
 17

 18     ALSO PRESENT:

 19                          RUBEN FOURNIER, Pretrial Services Officer

 20
                                            * * *
 21

 22

 23

 24

 25
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                                                                                    3


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

   2                                        - - -

   3                THE COURT:    Good afternoon.

   4                Madam Deputy, please call the case.

   5                COURTROOM DEPUTY:       Calling Case 2:21-CR-74-JLB-MRM,

   6    United States of America versus Amber and Anthony Bruey.

   7                THE COURT:    Good afternoon, counsel.         Please state

   8    your appearances.     Let's start with counsel for the United

   9    States.

 10                 MR. REICHLING:    Good afternoon, Your Honor.           Trent

 11     Reichling on behalf of the United States.

 12                 THE DEFENDANT:    Good afternoon.         And for the Federal

 13     Public Defender's Office?

 14                 MR. LAPPAN:    Good afternoon, Your Honor.          Jim Lappan

 15     from the Federal Defender's Office.

 16                 THE COURT:    Good afternoon.       And we have Mr. Landon

 17     Miller here, as well, at the Court's request, as potential CJA

 18     counsel.    Mr. Miller, if you'll state your appearance?

 19                 MR. MILLER:    Landon Miller on behalf of Anthony

 20     Bruey.

 21                 THE COURT:    Good afternoon.

 22                 Good afternoon, Mr. and Mrs. Bruey.

 23                 AMBER BRUEY:    Good afternoon.

 24                 ANTHONY BRUEY:    Good afternoon, Your Honor.

 25                 THE COURT:    We're here for an initial appearance
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                                                                                   4


   1    following, as I understand it, Mr. and Mrs. Brueys' arrest and

   2    initial appearance in the removing district, but they're here

   3    today in response to a multi-count indictment returned in this

   4    court.   Do I have the posture correct from counsel's

   5    perspective?    Mr. Reichling, from the United States?

   6                MR. REICHLING:    Yes, Your Honor.

   7                THE COURT:    Mr. Lappan?

   8                MR. LAPPAN:    Yes, Your Honor.

   9                THE COURT:    Mr. Miller.

 10                 MR. MILLER:    Yes, Your Honor.

 11                 THE COURT:    For the record, all participants are

 12     appearing by video conference under the authority granted by

 13     this Court's administrative orders implementing the CARES Act.

 14                 Counsel, before we go any further, have you had an

 15     opportunity to discuss with Mr. and Mrs. Bruey their right to

 16     have this hearing in person?        Mr. Lappan, I'll start with you.

 17                 MR. LAPPAN:    I have, Your Honor.

 18                 THE DEFENDANT:    And, so the record is clear, you

 19     discussed it with Ms. Bruey; is that correct?

 20                 MR. LAPPAN:    I did, Your Honor.

 21                 THE COURT:    Thank you.

 22                 Mr. Miller, same question as to Mr. Bruey.

 23                 MR. MILLER:    Yes, Your Honor, I did discuss it with

 24     him, and he wants to proceed by way of video.

 25                 THE COURT:    Mr. Lappan, so that the record is clear,
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                                                                                   5


   1    does Mrs. Bruey also consent to proceed by video?

   2                MR. LAPPAN:    She does, Your Honor.

   3                THE COURT:    Mr. and Mrs. Bruey, I need to address you

   4    directly at this time.      It's important that you understand that

   5    you have the right to have this hearing in person, physically

   6    in a courtroom, in front of me, with your counsel present, and

   7    with the prosecutor present.

   8                The attorneys who are here today have told me they've

   9    discussed these matters with you, and after that conversation

 10     you each agreed to proceed by video today; but I want to make

 11     sure that you understand that, by agreeing to proceed by video

 12     today, you will waive your right to have this hearing in

 13     person.

 14                 I also want to make sure that you understand that, by

 15     agreeing to proceed by video today, you would not lose your

 16     ability to speak privately with counsel at any point, because,

 17     if you want do that, you can feel free to interrupt me, I'll be

 18     happy to pause the proceeding and give you as much time as you

 19     need to speak privately with your respective counsel, using the

 20     video conferencing system.

 21                 Mr. and Mrs. Bruey, do you understand these things?

 22     I'll start with Mr. Bruey.

 23                 ANTHONY BRUEY:    Yes, Your Honor.

 24                 THE COURT:    Mrs. Bruey?

 25                 AMBER BRUEY:    Yes, Your Honor.
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                                                                                   6


   1                THE COURT:    Do you consent to proceed by video today?

   2    Mr. Bruey?

   3                ANTHONY BRUEY:    Yes, sir, Your Honor.

   4                AMBER BRUEY:    Yes, Your Honor.

   5                THE COURT:    The Court finds that it can proceed by

   6    video today with this initial appearance and related

   7    proceedings, again under the authority granted by the Court's

   8    administrative orders implementing the CARES Act, in light of

   9    the defendants' consent to proceed by video.

 10                 As I mentioned at the outset of the hearing, Mr. and

 11     Mrs. Bruey, you are here today because you are charged with

 12     certain felonies by a federal indictment filed in this court.

 13     I know you have both had your initial appearance in another

 14     court recently.      We're going to review some of the same things

 15     that that other court reviewed with you just to ensure that

 16     you're advised of your rights, and we're going do the following

 17     things today.

 18                 First, I'm going to ensure that you are advised of

 19     the charges against you, as well as the penalties you face, and

 20     also the rights that you have in connection with these

 21     proceedings here in the Middle District of Florida.             Those

 22     include your right to remain silent and your right to be

 23     represented by an attorney.

 24                 I'll determine if the Court will adopt the bond set

 25     for each of you in the other court, or if we need to schedule
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                                                                                     7


   1    another hearing at which point the bond will be discussed.

   2    We'll do that.       I may also set further deadlines or hearings in

   3    your case.

   4                But first, Mr. and Mrs. Bruey, the Court must advise

   5    you that you have a constitutional right to remain silent.                You

   6    do not have to make a statement.         You do not have to give a

   7    statement, at any time, to any law enforcement agent.               If you

   8    do you make a statement, anything you say can be used against

   9    you including at later proceedings in this case.              If you have

 10     made a statement in the past, you do not need to make a

 11     statement in the future.

 12                 Mr. and Mrs. Bruey, do you each understand your right

 13     to remain silent?       Let me start with Mr. Bruey.

 14                 ANTHONY BRUEY:     Yes, Your Honor.

 15                 THE COURT:     Mrs. Bruey?

 16                 AMBER BRUEY:     Yes, Your Honor.

 17                 THE COURT:     You're also entitled to an attorney in

 18     this case, and by that I mean you are each entitled to separate

 19     counsel.    You may consult with your respective attorneys and be

 20     represented in all stages of these proceedings both in and out

 21     of court.    Your attorneys may be present during any questioning

 22     of you by law enforcement authorities.

 23                 You have the right to retain counsel of your own

 24     choosing, but if you cannot afford an attorney, the Court will

 25     appoint one for each of you at no cost to you.             You also have
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                                                                                   8


   1    the right to represent yourselves, if that's what you want to

   2    do.

   3                Do you understand your right to an attorney and your

   4    right to proceed without an attorney, Mr. Bruey?

   5                ANTHONY BRUEY:    Yes, Your Honor.

   6                THE COURT:    Mrs. Bruey?

   7                AMBER BRUEY:    Yes, Your Honor.

   8                THE COURT:    Do you want the Court to appoint a lawyer

   9    for you today for purposes of the proceedings to occur here in

 10     the Middle District of Florida?        Mr. Bruey?

 11                 ANTHONY BRUEY:    Yes, Your Honor.

 12                 AMBER BRUEY:    Yes, Your Honor.

 13                 THE DEFENDANT:    I know you have each had

 14     communication with the attorneys who are on the video

 15     conference today, and what I need to do is formalize the

 16     appointment of counsel to represent you now that you've asked

 17     me to do so.    To do that, however, I have to confirm on the

 18     record that you are financially eligible for court appointed

 19     counsel.    So if you would please each raise your right-hand so

 20     I can place you both under oath and ask you questions about

 21     your financial circumstances.

 22                 Do you solemnly swear to tell the truth, whole truth,

 23     nothing but the truth, in response to the Court's questions

 24     today regarding your financial circumstances?            Mr. Bruey?

 25                 ANTHONY BRUEY:    Yes, Your Honor.
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                                                                                    9


   1                THE DEFENDANT:    Mrs. Bruey?

   2                AMBER BRUEY:    Yes, Your Honor.

   3                THE COURT:    Thank you.     You may lower your hand.

   4                Mr. Bruey, I'll start with you, sir.           I understand

   5    you are currently self-employed; is that correct?

   6                ANTHONY BRUEY:    Yes, sir.

   7                THE COURT:    I understand, based on the result of your

   8    interview by the United States Pretrial Services Office, that

   9    you approximate your monthly income to be about $4,000

 10     per month from the business; is that correct?

 11                 ANTHONY BRUEY:    Yes, sir.

 12                 THE COURT:    I also understand that you estimate your

 13     total expenses per month to be around $3,935.             Is that an

 14     accurate approximation?

 15                 ANTHONY BRUEY:    Yes, Your Honor.

 16                 THE COURT:    Sir, do you own any other assets,

 17     including any land or vehicles, that could be used to pay for

 18     an attorney in this case?

 19                 ANTHONY BRUEY:    We have a . . . a home that's under

 20     contract that we haven't been able -- everything --

 21     they're . . . giving us issues about -- the title company is

 22     not wanting to finance it, a house that we're trying to sell.

 23     So other than that, no, sir.

 24                 THE COURT:    Okay.     Sir, I want to try to understand

 25     what you just said.      Do you, in fact, own a home at this time?
Case 2:21-cr-00074-TPB-K_D   Document 127   Filed 08/23/22   Page 10 of 21 PageID
                                     729
                                                                                 10


 1                 ANTHONY BRUEY:    Yes, sir, Your Honor.

 2                 THE COURT:   And where is that home located?          Is it

 3     here in Florida?

 4                 ANTHONY BRUEY:    Yes, Your Honor.

 5                 THE COURT:   And you're trying to sell it; is that

 6     correct?

 7                 ANTHONY BRUEY:    Yes, Your Honor.

 8                 THE COURT:   Do you know the approximate value of that

 9     home?

10                 ANTHONY BRUEY:    I think it's right around 250.

11                 THE COURT:   Do you own that jointly with your wife?

12                 ANTHONY BRUEY:    Yes, sir, Your Honor.

13                 THE COURT:   Do you own any other property or

14     vehicles?

15                 ANTHONY BRUEY:    This house in North Carolina that

16     we're at, but we're not sure about what's gonna happen,

17     so . . . .

18                 THE COURT:   My question for you at this time, sir, is

19     do you technically own that home?

20                 ANTHONY BRUEY:    Yes, Your Honor.

21                 THE COURT:   And what would be the approximate value

22     of the home?

23                 ANTHONY BRUEY:    211,000.

24                 THE DEFENDANT:    You said the Florida home is

25     currently under contract, but the status is uncertain?
Case 2:21-cr-00074-TPB-K_D   Document 127   Filed 08/23/22   Page 11 of 21 PageID
                                     730
                                                                                11


 1                ANTHONY BRUEY:     Yes, sir.    It's -- we're trying to

 2     get some details worked out, but, yes, sir, it was supposed to

 3     close today, and it's pushed back.

 4                THE COURT:    Let me ask you this:         Do you have any

 5     money in any bank accounts, savings accounts, checking

 6     accounts, or investment accounts?

 7                ANTHONY BRUEY:     Yes, Your Honor.

 8                THE COURT:    Can you estimate how much you have?

 9                ANTHONY BRUEY:     Our business account has about

10     19,000.

11                THE COURT:    That's a business account, you said?

12                ANTHONY BRUEY:     Yes, sir.

13                THE COURT:    Do you have any other personal accounts

14     that have cash in them?

15                ANTHONY BRUEY:     Personal account has about 4,000.

16                THE COURT:    Any other assets that you have that you

17     haven't mentioned to me, Mr. Bruey?

18                ANTHONY BRUEY:     I have a work truck.

19                THE COURT:    What's the approximate value of that

20     vehicle?

21                ANTHONY BRUEY:     Maybe 3,000, 3500.

22                THE COURT:    Is it owned by you personally, or by your

23     company?

24                ANTHONY BRUEY:     Me personally.

25                THE COURT:    Any other assets that you haven't
Case 2:21-cr-00074-TPB-K_D   Document 127   Filed 08/23/22   Page 12 of 21 PageID
                                     731
                                                                                12


 1     mentioned?

 2                ANTHONY BRUEY:     No, sir, Your Honor.

 3                THE COURT:    Do you have any financial dependents,

 4     including children?

 5                ANTHONY BRUEY:     Yes, sir, Your Honor.

 6                THE COURT:    How many, and what ages?

 7                ANTHONY BRUEY:     I have four boys.       Twelve years old,

 8     ten years old, eight years old, and two years old.             Sorry.   I'm

 9     sorry, Your Honor.

10                THE COURT:    Mr. Bruey, we'll take a moment so you can

11     regain your composure.

12                ANTHONY BRUEY:     Yes, I'm sorry, Your Honor.

13                THE COURT:    Very well.

14                Ms. Bruey, at this time I will turn to you.            Is there

15     any other information regarding assets or income that pertains

16     to you or applies to you that your husband hasn't mentioned?

17     Do you have any other income from any other source than what

18     your husband has already mentioned?

19                AMBER BRUEY:    No, sir.

20                THE COURT:    Do you own any assets, including any land

21     or vehicles, yourself, personally, that your husband hasn't

22     mentioned?

23                AMBER BRUEY:    No, sir.

24                THE DEFENDANT:     Based on the information provided to

25     the Court, I find that the Brueys are financially eligible for
Case 2:21-cr-00074-TPB-K_D   Document 127   Filed 08/23/22   Page 13 of 21 PageID
                                     732
                                                                                13


 1     court-appointed counsel.      Although there is reason to believe

 2     that they may have assets that might be sufficient to secure

 3     privately retained counsel, I don't think that their current

 4     cash flow and the apparent uncertain status relating to the

 5     real estate permit me to make a finding definitively at this

 6     point that they can afford counsel.        Therefore, I will appoint

 7     separate counsel to represent each of them in this case, but

 8     the Court's appointment of counsel will be subject to the right

 9     of the government to seek reimbursement for the cost of their

10     representation if it's determined in the future that they

11     actually have the financial ability to afford counsel.

12                So, Mr. and Mrs. Bruey, this is what I've just

13     decided.   I'm going to appoint counsel to represent each of

14     you; but, based on the information you've shared with me about

15     your financial circumstances, if it turns out that the

16     government can later demonstrate that you had the financial

17     resources to afford hiring your own counsel, you may be

18     required to reimburse the government for your representation.

19                Do you understand that?       Mr. Bruey?

20                ANTHONY BRUEY:     Yes, sir, Your Honor.

21                THE COURT:    Mrs. Bruey?

22                AMBER BRUEY:    Yes, Your Honor.

23                THE COURT:    Very well.

24                Mr. Lappan, does your office accept representation of

25     Mrs. Bruey for purposes of this case?
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                                     733
                                                                                14


 1                MR. LAPPAN:    Yes, Your Honor.

 2                THE COURT:    Thank you.

 3                Mr. Miller, do you accept representation of Mr. Bruey

 4     for purposes of this case as CJA counsel?

 5                MR. MILLER:    Yes, Your Honor.

 6                THE COURT:    Thank you.    The Court makes those

 7     appointments.

 8                Mr. Lappan, have you had an opportunity to review the

 9     indictment with your client before we commenced the hearing

10     today?

11                MR. LAPPAN:    Yes, Your Honor.

12                THE COURT:    Mr. Miller, the same question for you as

13     to your client.

14                MR. MILLER:    Yes, sir.

15                THE COURT:    Mr. and Mrs. Bruey, at this time I'm

16     going to ask the prosecutor to summarize the nature of the

17     charges against you, and to state the maximum potential

18     penalties that apply in light of those charges.            Please listen

19     very carefully to everything the prosecutor is about to say,

20     because when he's done speaking I'll ask you each if you

21     understand what he said.

22                Mr. Reichling, when you're ready.

23                MR. REICHLING:     Thank you, Your Honor.

24                And as to Amber Rewis Bruey, the indictment charges

25     her with 16 counts total.
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                                     734
                                                                                15


 1                Count 1 of the indictment charges the defendant with

 2     one count of conspiracy to commit wire fraud, in violation of

 3     Title 18 United States Code Section 1349.

 4                Counts 2 through 11 of the indictment charge the

 5     defendant Amber Bruey with ten counts of wire fraud, in

 6     violation of Title 18 United States Code Section 1343.

 7                Count 14 of the indictment charges the defendant

 8     Amber Bruey with one count of conspiracy to commit money

 9     laundering, in violation of Title 18 United States Code

10     Section 1956(h).

11                And Counts 15 through 18 of the indictment charge the

12     defendant Amber Bruey with four counts of illegal monetary

13     transactions, in violation of Title 18 United States Code

14     Section 1957.

15                As to the defendant named in the indictment Anthony

16     James Bruey, he is charged, in Count 1 of the indictment, with

17     one count of conspiracy to commit wire fraud, in violation of

18     Title 18 United States Code Section 1349.

19                Counts 12 and 13 of the indictment charge Anthony

20     Bruey with two counts of wire fraud, in violation of Title 18

21     United States Code Section 1343.

22                Count 14 of the indictment charges the defendant

23     Anthony Bruey with conspiracy to commit money laundering, in

24     violation of Title 18 United States Code Section 1956(h).

25                And Counts 15 and 16 charge the defendant Anthony
Case 2:21-cr-00074-TPB-K_D   Document 127   Filed 08/23/22   Page 16 of 21 PageID
                                     735
                                                                                16


 1     Bruey with two counts of illegal monetary transactions, in

 2     violation of Title 18 United States Code Section 1957.

 3                As to the counts that charge the offense of

 4     conspiracy to commit wire fraud, the potential penalties are a

 5     term of imprisonment of not more than 30 years, a fine of up to

 6     $1 million, a term of supervised release of up to five years,

 7     and a $100 special assessment.

 8                As to the counts that charge committing the offense

 9     of wire fraud, in violation of Title 18 United States Code

10     Section 1343, the potential penalties are a maximum of 30 years

11     of imprisonment, a fine of $1 million, a term of supervised

12     release of up to five years, and a $100 special assessment.

13                As to the counts in the indictment that charge

14     conspiracy to commit money laundering, the potential penalties

15     are a maximum of ten years of imprisonment, a fine of up to

16     $250,000, or alternate fine of twice the amount of the

17     criminally derived property, a term of supervised release of up

18     to three years, and a $100 special assessment.

19                As to the counts that charge illegal monetary

20     transactions, the potential penalties for those counts are a

21     maximum of ten years of imprisonment, a fine of up to $250,000,

22     or alternate fine of twice the amount of the criminally derived

23     property, a term of supervised release of up to three years,

24     and a special assessment of $100.

25                The indictment also includes a forfeiture section in
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                                     736
                                                                                 17


 1     which the government is seeking the forfeiture of $881,000 --

 2     $881,058.35, which represents proceeds that were obtained from

 3     and involved in the offense, a 2019 GMC Yukon, a 2021 Chevrolet

 4     Spark, a 2020 Honda Talon, a 2020 Polaris RZR, and real

 5     property located at 114 Kemp Lane, Hertford, North Carolina.

 6                THE COURT:    Mr. and Mrs. Bruey, do you each

 7     understand the nature of the charges against you as well as the

 8     potential penalties the prosecutor just described?

 9                Mr. Bruey, I'll start with you.            Do you understand

10     those things?

11                ANTHONY BRUEY:     Yes, sir, Your Honor.

12                THE COURT:    Mrs. Bruey, do you understand those

13     things?

14                AMBER BRUEY:    Yes, Your Honor.

15                THE DEFENDANT:     Counsel, do your clients wish to

16     proceed with arraignment at this time?         Mr. Lappan, as to

17     Mrs. Bruey?

18                MR. LAPPAN:    Yes, Your Honor.

19                THE COURT:    Mr. Miller, as to Mr. Bruey?

20                MR. MILLER:    Yes, Your Honor.

21                THE COURT:    How do your clients plead?          Mr. Lappan?

22                MR. LAPPAN:    Not guilty, Your Honor.

23                THE COURT:    Mr. Miller?

24                MR. MILLER:    Not guilty, Your Honor.

25                THE COURT:    The Court will enter pleas of not guilty
Case 2:21-cr-00074-TPB-K_D   Document 127   Filed 08/23/22    Page 18 of 21 PageID
                                     737
                                                                                 18


 1     on behalf of both Mr. and Mrs. Bruey as to each and every count

 2     in the indictment.

 3                Counsel, do you request entry of a scheduling order

 4     setting this matter for trial as well as discovery?

 5                Mr. Lappan?

 6                MR. LAPPAN:    Yes, Your Honor.

 7                THE COURT:    Mr. Miller?

 8                MR. MILLER:    Yes, Your Honor.

 9                THE DEFENDANT:     Mr. Reichling, does the government

10     request reciprocal discovery as to both defendants?

11                MR. REICHLING:     Yes, Your Honor.

12                THE COURT:    The Court will construe those as oral

13     motions by the respective parties and enter an oral order

14     granting the requested relief.       The Court will enter the

15     standard scheduling and discovery order.

16                This case will be set before a District Judge John

17     Badalamenti, with a trial term commencing November 1st, 2021,

18     and a status hearing on October 12th, 2021, at 1:30 p.m.,

19     before Judge Badalamenti or his designee.

20                Turning to the issue of detention or release, what is

21     the government's position, Mr. Reichling?             And I note for the

22     record that both Mr. and Mrs. Bruey have been released on bond

23     and conditions as set by the removing district.

24                Mr. Reichling.

25                MR. REICHLING:     Yes, Your Honor.         The government
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                                     738
                                                                                19


 1     would just ask that Your Honor adopt the conditions that were

 2     set by the removing court in North Carolina, Your Honor.

 3                THE COURT:    With no modification?

 4                MR. REICHLING:     No modification, Your Honor.

 5                THE COURT:    Mr. Lappan, on behalf of your client?

 6                MR. LAPPAN:    Your Honor, on behalf of my client,

 7     after speaking with my client, and speaking with Mr. Reichling

 8     before court, we would have no objection to the continuing of

 9     conditions of release.     I would just simply note, please, for

10     the record, that the recommendation in the addendum report

11     would be for release on her own recognizance.           That being said,

12     after speaking with Mr. Reichling and my client, we are fully

13     agreeable to continuing her conditions of release.

14                Thank you.

15                THE COURT:    Thank you.

16                Mr. Miller, on behalf of your client?

17                MR. MILLER:    Judge, we would join in the government's

18     request.

19                THE COURT:    Very well.

20                The Court has reviewed the bonding conditions set by

21     the removing court, and deems them appropriate under the

22     circumstances.    The Court will therefore adopt the bonds as set

23     by that other court at the point of removal.

24                Mr. and Mrs. Bruey, that means, going forward, you

25     will need to continue complying with all the conditions of your
Case 2:21-cr-00074-TPB-K_D   Document 127   Filed 08/23/22    Page 20 of 21 PageID
                                     739
                                                                                 20


 1     release that were set by that our court.          Do you understand,

 2     Mr. Bruey?

 3                ANTHONY BRUEY:     Yes, Your Honor.

 4                THE COURT:    Mrs. Bruey?

 5                AMBER BRUEY:    Yes, Your Honor.

 6                THE COURT:    As required by Rule 5(f), the United

 7     States is ordered to produce all exculpatory evidence to the

 8     defendants pursuant to Brady versus Maryland and its progeny.

 9     Failing to do so in a timely manner may result in sanctions,

10     including exclusion of evidence, adverse jury instruction,

11     dismissal of charges, and contempt proceedings.

12                Because we proceeded by video today, and I understand

13     there are observers present, I'll remind everyone who has

14     proceeded in or observed these proceedings today of the general

15     prohibition against photographing, reporting, or rebroadcasting

16     these court proceedings.      Anyone who violates these

17     prohibitions may be sanctioned by the Court.

18                Counsel, unless there's any further, we'll be in

19     recess.

20                Anything further from the government, Mr. Reichling?

21                MR. REICHLING:     No, Your Honor.         Thank you.

22                THE COURT:    Thank you.

23                Anything further, Mr. Lappan?

24                MR. LAPPAN:    No, Your Honor.

25                THE COURT:    Thank you.
Case 2:21-cr-00074-TPB-K_D   Document 127   Filed 08/23/22   Page 21 of 21 PageID
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                                                                                21


 1                Anything further, Mr. Miller?

 2                MR. MILLER:    No, Your Honor.      Thank you.

 3                THE COURT:    Thank you.    We're in recess.

 4                            -- -- -- -- -- -- -- --

 5          (Thereupon, at 2:46 p.m., the above-entitled matter was

 6          concluded.)

 7                            -- -- -- -- -- -- -- --

 8

 9                                   CERTIFICATE

10          I CERTIFY THAT THE FOREGOING TRANSCRIPT IS A TRUE AND

11     ACCURATE TRANSCRIPT FROM THE ORIGINAL DIGITAL RECORDING CREATED

12     DURING THE PROCEEDINGS HELD IN THE ABOVE-ENTITLED MATTER.

13

14          Dated this 16th day of August, 2022.

15

16

17                                               _
                                             JEFFREY G. THOMAS, RPR, CRR
18

19

20

21

22

23

24

25


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