Transcript of Arraignment and Guilty Plea — United States v. Monica Faye Barnes

Record facts

U.S. District Court, Eastern District of North Carolina · No. 5:23-cr-00094-D · Doc. 62 · 2023-10-03 · Docket on CourtListener

Summary

A public transcript of an arraignment in United States of America v. Monica Faye Barnes, Docket No. 5:23-cr-00094-D-2, before Magistrate Judge Robert T. Numbers, II in the U.S. District Court for the Eastern District of North Carolina, held April 26, 2023 and filed October 3, 2023 as Document 62. At the calendar call defense counsel stated the defendant was present and would plead pursuant to a plea agreement. The court then gave a group advice of rights covering the right to indictment and to a jury trial, the advisory guideline range and the factors in 18 U.S.C. Section 3553(a), the presentence report and the 14 days allowed for objections, and motions under Rule 35(b) and Section 2255. At the close the court executed an order authorizing the defendant's release. The transcript is 29 pages and records that portions of guilty plea transcripts are restricted under Standing Order 22-SO-1.

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

Full text

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UNITED STATES DISTRICT COURT 
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EASTERN DISTRICT OF NORTH CAROLINA 
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UNITED STATES OF AMERICA, 
) 
 
 
 
 
 
 
) 
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Plaintiff, 
 
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DOCKET NO. 5:23-cr-00094-D-2 
 
 
 
 
 
 
) 
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VS.  
 
 
 
) 
 
 
 
 
 
 
) 
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MONICA FAYE BARNES,  
 
) 
 
 
  
 
 
 
) 
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Defendant. 
 
) 
 
 
 
 
 
 
) 
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______________________________) 
 
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PUBLIC TRANSCRIPT OF ARRAIGNMENT 
BEFORE MAGISTRATE JUDGE ROBERT T. NUMBERS, II 
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WEDNESDAY, APRIL 26, 2023; 10:24 A.M. 
RALEIGH, NORTH CAROLINA 
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(PURSUANT TO STANDING ORDER 22-SO-1, PORTIONS OF ALL 
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GUILTY PLEA AND SENTENCING TRANSCRIPTS ARE RESTRICTED) 
 
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FOR THE PLAINTIFF: 
 
United States Attorney's Office 
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By: David G. Beraka, AUSA 
 
150 Fayetteville Street, Suite 2100 
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Raleigh, NC  27601 
 
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FOR THE DEFENDANT: 
 
Poyner Spruill LLP 
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By: David W. Long, Esq. 
 
301 Fayetteville St., Suite 1900 
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Raleigh, NC  27601 
 
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Audio Operator: 
 
 
COURT PERSONNEL 
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Proceedings recorded by electronic sound recording, 
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transcript produced by transcription service. 
 
 
 
 
 
 
 
 
 
 
 
 
 
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JANICE RUSSELL TRANSCRIPTS 
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1418 Red Fox Circle 
Severance, CO  80550 
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(757) 422-9089 
trussell31@tdsmail.com 
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P R O C E E D I N G S 
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(Call to Order of the Court) 
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THE COURT:  Good morning, everyone. 
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(Counsel greet the Court) 
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THE COURT:  We are here in the United States District 
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Court for the Eastern District of North Carolina, sitting in 
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Raleigh, for arraignments in felony cases.  I'm United States 
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Magistrate Judge Robert Numbers. 
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We've had some scheduling issues and some 
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transportation issues today.  So we're gonna proceed in a 
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manner that's a little bit different than how we usually 
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proceed.  I'm gonna split today's docket up into a couple of 
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sessions.  I'm gonna do the general advice of rights for the 
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defendants who are here now and I'll proceed with a handful of 
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cases this morning.  I believe six cases this morning.  The 
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remainder will be this afternoon and -- 
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(Court confers with staff) 
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THE COURT:  -- and then this afternoon at 1:00 we'll 
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handle the *** matter and then at 1:30 we'll begin with ***.  
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I'll go over that again at the end of advice of rights, but 
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generally, that's how we'll proceed today. 
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So in a moment, the Court will call the calendar to 
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determine which defendants and their attorneys are present.  
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When a defendant's name is called, defense counsel should 
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identify themselves, state whether their client is in the 
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courtroom, and state how they anticipate their client will 
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plead today.  If a defendant does not have an attorney or if 
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the defendant's attorney is not present, the defendant should 
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answer when their name is called. 
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After the Court calls the calendar, the defendants and 
5 
their attorneys will remain in the courtroom so that the Court 
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may explain to each defendant the rights they have under the 
7 
Constitution and laws of the United States and the consequences 
8 
of pleading guilty.  The Court will then place each defendant 
9 
under oath and question them individually before accepting 
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their plea.  Defendants may confer with their attorneys before 
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answering any of the Court's questions. 
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At this time, I'd ask the clerk to please call the 
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calendar. 
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* * * 
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THE COURTROOM DEPUTY:  United States versus Monica 
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Faye Barnes. 
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MR. LONG:  David Long for Monica Barnes.  She's in the 
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courtroom and would plea pursuant to a plea agreement. 
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THE COURT:  Thank you. 
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* * * 
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THE COURT:  At this time I'm going to advise the 
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defendants as a group of certain rights they have under the 
23 
Constitution and laws of the United States as well as the 
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consequences of pleading guilty.  Each defendant should pay 
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close attention to what I'm about to say because it is an 
1 
important part of your case and I'll ask you if you've heard 
2 
and understood what I'm about to tell you.  I now advise each 
3 
defendant as follows: 
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If you are accused of a felony, you have the 
5 
constitutional right to be charged in an indictment by the 
6 
grand jury.  You may, however, waive that right and agree to be 
7 
charged by a Criminal Information filed by the United States 
8 
Attorney.  Along with the right to be charged by an indictment, 
9 
the Constitution and laws of the United States give you the 
10 
right to plead not guilty to every charge against you and to 
11 
have a jury trial.  In that regard, you should consider the 
12 
following: 
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At trial, you would be presumed innocent.  The United 
14 
States would have to prove you guilty beyond a reasonable doubt 
15 
using competent evidence.  You would not have to prove that you 
16 
are innocent  
17 
 
 
At trial, the United States would have to bring any 
18 
witnesses it wishes to rely on to court.  Those witnesses would 
19 
have to testify before you.  Your attorney could question those 
20 
witnesses, object to evidence offered by the United States, and 
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offer evidence on your behalf. 
22 
 
 
At trial, you could use the subpoena power of the 
23 
Court to make witnesses come to court and testify whether they 
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wanted to do so or not. 
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At trial, you would have the right to testify if you 
1 
chose to do so.  You would also have the right not to testify 
2 
if you did not want to do so.  At trial -- I'm sorry.  If you 
3 
chose not to testify at trial, the Court would tell the jury 
4 
that it cannot draw any inference or suggestion of guilt from 
5 
your failure to testify. 
6 
 
 
You have the right to be represented by an attorney at 
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trial and at every other stage of your criminal proceeding.  If 
8 
you cannot afford an attorney, you have the right to ask the 
9 
Court to appoint an attorney to represent you at your trial and 
10 
at every other stage of your proceeding in this court.  Your 
11 
choice of whether you plead guilty or not guilty has no impact 
12 
on your right to an attorney or your right to have one 
13 
appointed for you. 
14 
 
 
If you wish to plead guilty, you'll be waiving your 
15 
right to a trial and the other rights I've just discussed other 
16 
than your right to an attorney.  If you plead guilty instead of 
17 
having a trial, the Court will find you guilty of the offense 
18 
or offenses you plead guilty to.  The Court will then sentence 
19 
you based on your guilty plea. 
20 
 
 
In determining your sentence, the Court will calculate 
21 
the advisory guideline range established by the federal 
22 
sentencing guidelines.  You should understand that regardless 
23 
of the advisory guideline range determined to be applicable in 
24 
your case you may not withdraw your guilty plea if it is 
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tendered and accepted today.  The Court will then consider the 
1 
advisory guideline range, along with any departure or variance 
2 
motions which may move the guideline range up or down, the 
3 
sentencing factors listed in 18 U.S.C. Section 3553(a), all 
4 
arguments of counsel, statements made by you, and statements 
5 
made by any victims.  The Court will not determine your 
6 
advisory guideline range and sentence before your sentencing 
7 
hearing takes place.  Thus, any estimate by your attorney or 
8 
anyone else as to what your advisory guideline range will be, 
9 
whether the Court will grant or deny a departure or variance 
10 
motion, or what your sentence will ultimately be is only an 
11 
estimate and those estimates are not binding on the Court.  You 
12 
should know that if you plead guilty, the Court may still 
13 
impose the same punishment on you as if you entered a not 
14 
guilty plea and the jury found you guilty. 
15 
 
 
Defendants who wish to plead guilty may do so with or 
16 
without entering into a plea agreement with the United States.  
17 
If you have reached a plea agreement with the United States, 
18 
you should realize the Court is not a party to that plea 
19 
agreement.  Plea agreements are negotiated solely between you, 
20 
your attorney, and the attorney for the United States.  As a 
21 
result, the plea agreement is not binding on the Court.  The 
22 
Court will make an independent determination whether to accept 
23 
the plea agreement's terms.  Your plea agreement may contain 
24 
language stating that the United States will recommend or agree 
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not to oppose your request that a specific sentence, sentencing 
1 
range, sentencing guideline, or sentencing factor does or does 
2 
not apply in your case.  That type of recommendation is not 
3 
binding on the Court and if the Court does not accept the 
4 
recommendation, that will not be a basis to withdraw your 
5 
guilty plea. 
6 
 
 
Your plea agreement may also contain language stating 
7 
that the United States has agreed to dismiss charges, agreed 
8 
not to bring other charges, or agreed that a specific sentence, 
9 
sentencing range, sentencing guideline, or sentencing factor 
10 
does or does not apply in your case.  If the Court rejects that 
11 
agreement, you will have the opportunity to withdraw your 
12 
guilty plea.  If you do not do so, the Court may sentence you 
13 
on terms that are less favorable than what you agreed to with 
14 
the Government. 
15 
 
 
If you plead guilty and the Court accepts that plea, 
16 
your case will be set for sentencing during Judge Dever's July 
17 
10, 2023 term here in Raleigh. 
18 
 
 
As part of the sentencing process, the United States 
19 
Probation Office will prepare a pre-sentence investigative 
20 
report.  The United States Probation Office will interview you 
21 
as part of the process of preparing this report.  Defense 
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counsel are instructed to contact the Probation Office 
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immediately after court today to arrange for the defendant's 
24 
interview.  It is important that the pre-sentence report be 
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complete and accurate because it is an important tool that will 
1 
aid the Court in determining your sentence.  You and your 
2 
attorney may provide information for the pre-sentence report.  
3 
You and your attorney will receive a copy of the report and you 
4 
should review it carefully. 
5 
 
 
Within 14 days after the disclosure of the pre-
6 
sentence report, you and your attorney must file with the Court 
7 
any objections you have to matters contained in or omitted from 
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the report.  If you do not object to the pre-sentence report in 
9 
a timely manner, the Court may not consider your objections in 
10 
determining your sentence.  If you do not challenge the 
11 
validity of prior convictions listed in your, in your pre-
12 
sentence report before you are sentenced, you'll be barred from 
13 
contesting those convictions at a later date.  In short, if you 
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do not contest the facts set forth in the pre-sentence report, 
15 
the Court may accept those facts, including any prior 
16 
convictions, as correct and may rely on them in determining 
17 
your sentence. 
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Furthermore, at your sentencing hearing the Court will 
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only address matters that relate to disputed sentencing 
20 
factors.  You or your attorney must have presented those 
21 
disputes to the Court in writing and must raise them during 
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your sentencing hearing.  At sentencing you should advise the 
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Court orally if you have any objections to matters contained in 
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or omitted from the pre-sentence report that your attorney has 
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failed to raise.  Contentions not stated by you or your 
1 
attorney will be considered abandoned. 
2 
 
 
You or your attorney on your behalf may submit written 
3 
materials to the Court such as memoranda, motions, or character 
4 
letters before your sentencing hearing.  The United States may 
5 
submit written materials as well.  Either party must submit any 
6 
written materials to the Court in Raleigh at least seven days 
7 
before your sentencing date. 
8 
 
 
After the Court sentences you, the Court, the United 
9 
States is limited in most instances to one year within which to 
10 
move for a reduction in your sentence under Rule 35(b) because 
11 
of assistance you have rendered to the United States.  The 
12 
United, the United States need not return to court with a Rule 
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35(b) motion to seek a reduction and it is completely within 
14 
the United States' discretion whether to do so.  If the United 
15 
States decides not to make a Rule 35(b) motion on your behalf, 
16 
you are entitled to relief from the Court in only a very few 
17 
exceptional circumstances.  At sentencing you should advise the 
18 
Court whether the United States has made any representations to 
19 
you or your attorney that your future cooperation might lead to 
20 
a Rule 35(b) motion. 
21 
 
 
If the United States does make a Rule 35(b) motion to 
22 
seek a reduction in your sentence, the motion does not extend, 
23 
toll, or modify the one-year period for filing a post-
24 
conviction Section 2255 motion to vacate, set aside, or correct 
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your sentence.  Furthermore, the United States Attorney cannot 
1 
promise you that the Court will grant a Rule 35(b) motion, nor 
2 
can the United States Attorney promise you that law enforcement 
3 
officers will accept or act on offers of cooperation that you 
4 
may make. 
5 
 
 
A guilty plea has several other consequences you 
6 
should be aware of.  The Constitution gives you the right to 
7 
remain silent and any statements you make can be used against 
8 
you.  If you wish to plead guilty, you will need to waive your 
9 
right to remain silent because I cannot accept your guilty plea 
10 
unless you admit in open court your guilt as to the particular 
11 
offense or offenses you are pleading guilty to. 
12 
 
 
If you are on probation or parole in another case, 
13 
whether in this or another court, your guilty plea here may 
14 
result in the revocation of your probation or parole in that 
15 
other case.  As a result, you may have to serve time in that 
16 
other case, along with any sentence imposed on you because of 
17 
your guilty plea here. 
18 
 
 
Along with any sentence imposed, your guilty plea to a 
19 
felony may deprive you of valuable civil rights, such as the 
20 
right to vote, the right to hold public office, the right to 
21 
serve on a jury, and the right to possess any kind of firearm.  
22 
If you are not a United States citizen and you are convicted in 
23 
federal court, you may be removed from the United States, 
24 
denied citizenship, and denied future admission to the United 
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States.  Any deportation would follow your term of 
1 
imprisonment. 
2 
 
 
Unless otherwise advised, each defendant will have to 
3 
pay a $100 special assessment for each count to which they 
4 
plead guilty and any fine imposed will bear interest. 
5 
 
 
In some cases, the Court may impose obligations on top 
6 
of a sentence of imprisonment, a fine, and special assessment.  
7 
For example, the Court may order you to pay restitution to the 
8 
victims of your offenses.  If your offense involves fraud, the 
9 
Court may require you to notify the victims of your offense 
10 
about your conviction. 
11 
 
 
And if there is a forfeiture notice in your indictment 
12 
or Information, you may have to forfeit certain property to the 
13 
United States. 
14 
 
 
Additionally, in most cases defendants will receive a 
15 
term of supervised release, along with their term of 
16 
imprisonment.  Your term of supervised release will begin after 
17 
you are released from prison.  While on supervised release, 
18 
you'll be supervised by the United States Probation Office.  
19 
You may not commit another federal, state, or local crime while 
20 
on supervised release and the Court may impose additional 
21 
conditions on you, if appropriate.  If you violate any of the 
22 
conditions of your supervised release, you may be sent back to 
23 
prison. 
24 
 
 
If you are convicted, whether by a jury or as a result 
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of a guilty plea, you can appeal your conviction if you believe 
1 
it was somehow unlawful or if there was some other fundamental 
2 
defect in the proceeding that was not waived by your guilty 
3 
plea.  You also have a right to appeal your sentence in some 
4 
cases, particularly if you think the sentence is contrary to 
5 
law. 
6 
 
 
With few exceptions, any notice of appeal must be 
7 
filed within 14 days of the entry of the judgment in your case.  
8 
If you cannot pay the costs of an appeal, you can ask the Court 
9 
to waive those costs.  If you make such a request, the Clerk of 
10 
Court will then prepare and file a notice of appeal on your 
11 
behalf.  You should be aware that you may agree to waive 
12 
certain rights to appeal or otherwise challenge your conviction 
13 
and sentence in your plea agreement.  We'll go over any such 
14 
waiver language if your plea agreement contains it.  These 
15 
waivers are generally enforceable but if you believe the waiver 
16 
is unenforceable or inapplicable, you can present that theory 
17 
to the appellate court. 
18 
 
 
I've now concluded explaining to each defendant the 
19 
rights they have to a jury trial, the rights related to a jury 
20 
trial, and the consequences of pleading guilty and will now 
21 
proceed to consider each matter on the calendar.  This morning 
22 
we will address the ***, Barnes, *** matters.  At 1:00, we will 
23 
handle the *** matter, and then at 1:30 we will handle ***. 
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The Marshals may rearrange the courtroom. 
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* * * 
1 
 
(At 11:59 a.m.) 
2 
AFTER RECESS 
3 
 
(Call to Order of the Court) 
4 
 
 
THE COURT:  All right.  Our next case is United States 
5 
of America versus Monica Faye Barnes, Case 5:23-cr-94. 
6 
 
 
Would counsel please identify themselves for the 
7 
record, beginning with counsel for the United States? 
8 
 
 
MR. BERAKA:  Yes, your Honor.  David Beraka for the 
9 
United States. 
10 
 
 
MR. LONG:  And David Long for the defendant, Monica 
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Barnes. 
12 
 
 
THE COURT:  Good morning, just barely, Counsel. 
13 
 
 
Mr. Long, my notes indicate that it's anticipated your 
14 
client'll plead guilty to the sole count of a Criminal 
15 
Information pursuant to a plea agreement, is that correct? 
16 
 
 
MR. LONG:  That is.  
17 
 
 
THE COURT:  All right. 
18 
 
 
Madam Clerk, would you please place the defendant 
19 
under oath. 
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THE COURTROOM DEPUTY:  If you'll stand and raise your 
21 
right hand and place your left hand on the Bible. 
22 
 
(Defendant Barnes sworn)  
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THE COURTROOM DEPUTY:  Thank you. 
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THE COURT:  Ms. Barnes, do you understand that you are 
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now under oath and if you answer any of my questions falsely 
1 
you may be prosecuted for perjury or making a false statement? 
2 
 
 
DEFENDANT BARNES:  Yes, sir. 
3 
 
 
THE COURT:  Now Ms. Barnes, over the next few minutes 
4 
I'm gonna ask you some questions.  The first set of questions 
5 
are to satisfy myself that you're competent to enter a plea and 
6 
then I'll ask you some questions to make sure that you 
7 
understand the consequences of pleading guilty and then I'll 
8 
ask you how you plead to the charges against you. 
9 
 
 
Any questions about that process? 
10 
 
 
DEFENDANT BARNES:  No. 
11 
 
 
THE COURT:  Would you please state your full name for 
12 
the record? 
13 
 
 
DEFENDANT BARNES:  Monica Faye Barnes. 
14 
 
 
THE COURT:  Ms. Barnes, I have before me a form 
15 
labeled Consent to Proceed Before a United States Magistrate 
16 
Judge that appears to bear your signature.  Did you, in fact, 
17 
sign this form? 
18 
 
 
DEFENDANT BARNES:  Yes, sir. 
19 
 
 
THE COURT:  And the form reflects that you wish to 
20 
waive your right to have today's proceeding conducted by a 
21 
United States District Judge and instead, are consenting to 
22 
have it conducted by me, a United States Magistrate Judge, is 
23 
that correct? 
24 
 
 
DEFENDANT BARNES:  Yes, sir. 
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THE COURT:  How old are you, ma'am? 
1 
 
 
DEFENDANT BARNES:  51. 
2 
 
 
THE COURT:  And how far did you go in school? 
3 
 
 
DEFENDANT BARNES:  I have a Bachelor's of Science. 
4 
 
 
THE COURT:  Have you taken any drugs, medicine, pills, 
5 
or consumed any alcoholic beverages in the last 48 hours? 
6 
 
 
DEFENDANT BARNES:  No, sir. 
7 
 
 
THE COURT:  Do you understand what we're doing here 
8 
today? 
9 
 
 
DEFENDANT BARNES:  Yes, sir. 
10 
 
 
THE COURT:  Are you able to speak, read, and 
11 
understand English? 
12 
 
 
DEFENDANT BARNES:  Yes, sir. 
13 
 
 
THE COURT:  Mr. Long, do you believe your client is 
14 
competent to enter a plea today? 
15 
 
 
MR. LONG:  She is. 
16 
 
 
THE COURT:  Mr. Beraka, any concerns from the 
17 
Government? 
18 
 
 
MR. BERAKA:  No, your Honor. 
19 
 
 
THE COURT:  Are there any crime victims here? 
20 
 
 
MR. BERAKA:  None present, your Honor. 
21 
 
 
THE COURT:  Mr. Long -- I'm sorry. 
22 
 
 
Ms. Barnes, did you hear and understand my explanation 
23 
at the start of court about the rights you have under the 
24 
Constitution and laws of the United States as well as the 
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consequences of pleading guilty? 
1 
 
 
DEFENDANT BARNES:  Yes, sir. 
2 
 
 
THE COURT:  And do you have any questions about that 
3 
explanation? 
4 
 
 
DEFENDANT BARNES:  No, sir. 
5 
 
 
THE COURT:  Mr. Long, has your client received a copy 
6 
of the Criminal Information? 
7 
 
 
MR. LONG:  She did. 
8 
 
 
THE COURT:  All right.  Would she like that read to 
9 
her or does she waive reading? 
10 
 
 
MR. LONG:  She'll waive. 
11 
 
 
THE COURT:  Ms. Barnes, you are charged with one count 
12 
of conspiracy, conspiracy to commit wire fraud.  If convicted 
13 
of that offense, you face up to 20 years in prison, a fine of 
14 
up to $250,000, or twice the gross gain or loss, whichever is 
15 
greater, up to 3 years of supervised release, up to 2 years in 
16 
prison upon revocation of supervised release, a $100 special 
17 
assessment, and restitution if applicable. 
18 
 
 
Do you understand the nature of the charge against you 
19 
and the associated penalties? 
20 
 
 
DEFENDANT BARNES:  Yes, sir. 
21 
 
 
THE COURT:  Now it's anticipated you'll plead guilty 
22 
today to a Criminal Information.  Do you understand that you 
23 
have the right to be indicted by the Grand Jury rather than 
24 
plead guilty to a Criminal Information? 
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DEFENDANT BARNES:  Yes, sir. 
1 
 
 
THE COURT:  I have before me a form labeled Waiver of 
2 
An Indictment that appears to bear your signature.  Did you, in 
3 
fact, sign this form? 
4 
 
 
DEFENDANT BARNES:  Yes, sir. 
5 
 
 
THE COURT:  The form reflects that you're waiving your 
6 
right to prosecution by indictment and instead, are consenting 
7 
to prosecution by Information.  Is that, in fact, your intent? 
8 
 
 
DEFENDANT BARNES:  Yes, sir. 
9 
 
 
THE COURT:  Has anyone forced you or threatened you in 
10 
any way to get you to waive your right to indictment? 
11 
 
 
DEFENDANT BARNES:  No, sir. 
12 
 
 
THE COURT:  Other than what may be contained in your 
13 
plea agreement and the Sealed Supplement, has anyone made you 
14 
any promises or assurances to get you to waive your right to 
15 
indictment? 
16 
 
 
DEFENDANT BARNES:  No, sir. 
17 
 
 
THE COURT:  Have you spoke with your attorney about 
18 
the charge in the Information that you intend to plead guilty 
19 
to? 
20 
 
 
DEFENDANT BARNES:  Yes, sir. 
21 
 
 
THE COURT:  The Court finds the defendant has 
22 
knowingly and voluntarily waived her right to prosecution by 
23 
indictment and has consented to prosecution by Information. 
24 
 
 
And do you understand the charge against you? 
25 
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DEFENDANT BARNES:  Yes, sir. 
1 
 
 
THE COURT:  Do you understand all the possible 
2 
consequences of pleading guilty I've discussed today? 
3 
 
 
DEFENDANT BARNES:  Yes, sir. 
4 
 
 
THE COURT:  Have you spoken with your attorney about 
5 
sentencing? 
6 
 
 
DEFENDANT BARNES:  Yes, sir. 
7 
 
 
THE COURT:  Did you hear and understand my explanation 
8 
about the sentencing process? 
9 
 
 
DEFENDANT BARNES:  Yes, sir. 
10 
 
 
THE COURT:  And do you understand that any estimate 
11 
you may have received from your attorney or anyone else about 
12 
what your sentence will be is only an estimate is not binding 
13 
on the Court. 
14 
 
 
DEFENDANT BARNES:  Yes, sir. 
15 
 
 
THE COURT:  Do you understand that if you plead guilty 
16 
and the Court accepts that plea the Court could still sentence 
17 
you to the maximum sentence allowed by law on each count that 
18 
you plead guilty to? 
19 
 
 
DEFENDANT BARNES:  Yes, sir. 
20 
 
 
THE COURT:  Do you understand that if the Court 
21 
imposed the maximum sentence allowed by law, that alone would 
22 
not be a basis to withdraw your guilty plea? 
23 
 
 
DEFENDANT BARNES:  Yes, sir. 
24 
 
 
THE COURT:  Now ma'am, you've entered into a plea 
25 
Case 5:23-cr-00094-D     Document 62     Filed 10/03/23     Page 18 of 29

19 
 
 
 
agreement with the United States, is that correct? 
1 
 
 
DEFENDANT BARNES:  Yes, sir. 
2 
 
 
THE COURT:  I have before me a document labeled 
3 
Memorandum of Plea Agreement.  Ms. Barnes, it appears you've 
4 
signed that document on the line above your name on the final 
5 
page.  Did you, in fact, sign the plea agreement?  
6 
 
 
DEFENDANT BARNES:  Yes, sir. 
7 
 
 
THE COURT:  I also have before me a document labeled 
8 
Sealed Supplement to Memorandum of Plea Agreement.  It appears 
9 
you've signed that document as well.  Did you sign the Sealed 
10 
Supplement? 
11 
 
 
DEFENDANT BARNES:  Yes, sir. 
12 
 
 
THE COURT:  Did you read the entire plea agreement and 
13 
Sealed Supplement and discuss those documents with your 
14 
attorney before you signed them? 
15 
 
 
DEFENDANT BARNES:  Yes, sir. 
16 
 
 
THE COURT:  And do you understand each of the terms in 
17 
those documents? 
18 
 
 
DEFENDANT BARNES:  Yes, sir. 
19 
 
 
THE COURT:  Do the plea agreement and the Sealed 
20 
Supplement constitute the entire agreement you have with the 
21 
United States about how to resolve your case? 
22 
 
 
DEFENDANT BARNES:  Yes, sir. 
23 
 
 
THE COURT:  Now there's language in your plea 
24 
agreement that's gonna limit your ability to appeal or 
25 
Case 5:23-cr-00094-D     Document 62     Filed 10/03/23     Page 19 of 29

20 
 
 
 
otherwise challenge your conviction or sentence.  That language 
1 
can be found in Paragraph 2(c) of the plea agreement.  Have you 
2 
reviewed that language? 
3 
 
 
DEFENDANT BARNES:  Yes, sir. 
4 
 
 
THE COURT:  Do you understand that by entering into 
5 
this plea agreement you're giving up your right to appeal or 
6 
otherwise challenge your conviction or sentence on any ground 
7 
other than ineffective assistance of counsel or prosecutorial 
8 
misconduct not known to you at the time of your guilty plea? 
9 
 
 
DEFENDANT BARNES:  Yes, sir. 
10 
 
 
THE COURT:  Now you've also entered into a Consent 
11 
Preliminary Order of Forfeiture with the United States, is that 
12 
correct? 
13 
 
 
DEFENDANT BARNES:  Yes, sir. 
14 
 
 
THE COURT:  I have before me that document.  It 
15 
appears you've signed that document on the final page on the 
16 
line above your name.  Did you sign the consent order? 
17 
 
 
DEFENDANT BARNES:  Yes, sir. 
18 
 
 
THE COURT:  And do you understand that by entering 
19 
into this document you are agreeing to forfeit to the United 
20 
States $94,791? 
21 
 
 
DEFENDANT BARNES:  Yes, sir. 
22 
 
 
THE COURT:  Do you understand the, the maximum and 
23 
minimum penalties provided by law for each count that you 
24 
intend to plead guilty to? 
25 
Case 5:23-cr-00094-D     Document 62     Filed 10/03/23     Page 20 of 29

21 
 
 
 
 
 
DEFENDANT BARNES:  Yes, sir. 
1 
 
 
THE COURT:  Do you understand that the charge in the 
2 
Information is a felony offenses? 
3 
 
 
DEFENDANT BARNES:  Yes, sir. 
4 
 
 
THE COURT:  Do you understand that if you plead guilty 
5 
to a felony offense, you may lose valuable civil rights? 
6 
 
 
DEFENDANT BARNES:  Yes, sir. 
7 
 
 
THE COURT:  Do you understand that if the Court 
8 
accepts your guilty plea you will be unable to withdraw it at a 
9 
later date? 
10 
 
 
DEFENDANT BARNES:  Yes, sir. 
11 
 
 
THE COURT:  Do you understand that even at this point 
12 
you still have the right to plead not guilty to every offense 
13 
charged against you and to persist in that plea? 
14 
 
 
DEFENDANT BARNES:  Yes, sir. 
15 
 
 
THE COURT:  Do you understand that if you plead not 
16 
guilty you would then have the right to a jury trial and enjoy 
17 
all the trial-related rights I've discussed today? 
18 
 
 
DEFENDANT BARNES:  Yes, sir. 
19 
 
 
THE COURT:  Do you understand that at trial the United 
20 
States would have the burden to prove to a jury by competent 
21 
evidence and beyond a reasonable doubt that you committed the 
22 
crimes you've been charged with? 
23 
 
 
DEFENDANT BARNES:  Yes, sir. 
24 
 
 
THE COURT:  Do you understand that if you plead guilty 
25 
Case 5:23-cr-00094-D     Document 62     Filed 10/03/23     Page 21 of 29

22 
 
 
 
and the Court accepts that plea you will not have a trial and 
1 
you'll have given up both your right to a trial as well as the 
2 
trial-related rights I've discussed today? 
3 
 
 
DEFENDANT BARNES:  Yes, sir. 
4 
 
 
THE COURT:  Are you completely and fully satisfied 
5 
with the representation you received from your attorney? 
6 
 
 
DEFENDANT BARNES:  Yes, sir. 
7 
 
 
THE COURT:  Has anyone forced you or threatened you in 
8 
any way to get you to plead guilty? 
9 
 
 
DEFENDANT BARNES:  No, sir. 
10 
 
 
THE COURT:  Other than what's in your plea agreement 
11 
and the Sealed Supplement, has anyone made you any promises or 
12 
assurances to get you to plead guilty? 
13 
 
 
DEFENDANT BARNES:  No, sir. 
14 
 
 
THE COURT:  Now in a moment I'm gonna ask the 
15 
Government to summarize what it believes it could show if this 
16 
matter were to go to trial, but before I do I wanna review with 
17 
you the elements of the offense it's anticipated you'll plead 
18 
guilty to, the elements of what the Government must show beyond 
19 
a reasonable doubt at trial to obtain a conviction.  
20 
 
 
For the count of conspiracy to commit wire fraud, the 
21 
elements of that offense in your case are that from in or about 
22 
March of 2021 to in or about September 2021, in the Eastern 
23 
District of North Carolina and elsewhere, you entered into an 
24 
agreement with another person to commit wire fraud, in 
25 
Case 5:23-cr-00094-D     Document 62     Filed 10/03/23     Page 22 of 29

23 
 
 
 
violation of 18 U.S.C. 1343, that is, to knowingly and 
1 
willfully execute a scheme and artifice to defraud and obtain 
2 
money and property by means of false and fraudulent pretenses, 
3 
representations, and promises by transmitting or causing to be 
4 
transmitted any writing, signal, or sound by means of a wire, 
5 
radio, or television communication in interstate commerce, as 
6 
charged in the Criminal Information, you knew of the unlawful 
7 
purpose of the conspiracy, and you knowingly and voluntarily 
8 
joined and became part, became a party to the conspiracy. 
9 
 
 
Do you understand the elements of that count? 
10 
 
 
DEFENDANT BARNES:  Yes, sir. 
11 
 
 
THE COURT:  Ma'am, have you answered all my questions 
12 
truthfully today? 
13 
 
 
DEFENDANT BARNES:  Yes, sir. 
14 
 
 
THE COURT:  All right.  Ms. Barnes, you and Mr. Long 
15 
may be seated. 
16 
 
 
Would the Government please provide the factual basis 
17 
supporting the entry of the guilty plea? 
18 
 
 
MR. BERAKA:  Yes, your Honor.  Thank you.  
19 
 
 
Paragraphs 3 through 9 of the Criminal Information 
20 
would be incorporated by reference describing the PPP program. 
21 
 
 
Between March 2021 and September of 2021 in this case 
22 
the defendant at the bar of the Court, Ms. Monica Barnes, and 
23 
her son, Dontrell Barnes, knowingly entered into an agreement 
24 
with Edward Whitaker and Schunda Coleman, to commit an 
25 
Case 5:23-cr-00094-D     Document 62     Filed 10/03/23     Page 23 of 29

24 
 
 
 
interstate fraud upon the PPP program on behalf of Minnie's 
1 
Banana Cups and Catering Service, Inc. a C corporation owned by 
2 
Monica Barnes.  Ms. Barnes was domiciled in Wilson, North 
3 
Carolina while Mr. Whitaker and Ms. Coleman resided in Texas. 
4 
 
 
Mr. Whitaker sent interstate e-mails to both Dontrell 
5 
and Monica Barnes containing fraudulent documents, such as 
6 
particular IRS Forms 940 and 941 which were fraudulent because 
7 
they were backdated and falsely claimed seven employees with an 
8 
annual payroll over $700,000.  This, which were engineered as 
9 
in many, many of the loans Mr. Whitaker assisted in, in 
10 
submitting to yield a loan under $150,000 because the SBA rules 
11 
would provide that it could be fully forgivable with much less 
12 
paperwork than a loan of over $150,000. 
13 
 
 
Mr. Dontrell or Ms. Monica Barnes signed and returned 
14 
all of the fraudulent forms, again by interstate e-mail.  Then 
15 
Mr. Whitaker or another member of the conspiracy applied for 
16 
the loan in Ms. Barnes' name using that fraudulent information 
17 
by electronic transmission to Harvest Small Business Finance, 
18 
LLC, which is based in California, as well as by interstate 
19 
wire transmission through the SBA servers in Oregon. 
20 
 
 
After the proceeds were deposited into Ms. Barnes' PNC 
21 
account, Ms. Barnes wrote bi-weekly payroll checks from May 
22 
through July of 2021 to each of the purported employees.  
23 
Again, this component of the scheme was reproduced over and 
24 
over again by Mr. Whitaker and it was used to create a false 
25 
Case 5:23-cr-00094-D     Document 62     Filed 10/03/23     Page 24 of 29

25 
 
 
 
paper trail that the check recipients were actual employees 
1 
earning the salaries attested to in the PPP application and 
2 
then that was used to successfully obtain 100 percent 
3 
forgiveness.  Again as in, as in all of these cases, 
4 
Mr. Whitaker received a substantial portion of the loan as a 
5 
fee which was also a violation of the program as the proceeds 
6 
needed to be spent on payroll and other acceptable business 
7 
expenses like utilities and rent. 
8 
 
 
That would be some of the Government's evidence in 
9 
this case, your Honor. 
10 
 
 
THE COURT:  Thank you. 
11 
 
 
Mr. Long, any response from the defense to the 
12 
Government's proffer? 
13 
 
 
MR. LONG:  None, your Honor. 
14 
 
 
THE COURT:  Ms. Barnes, would you please stand? 
15 
 
(Defendant Barnes complies) 
16 
 
 
THE COURT:  Ma'am, would you like any additional time 
17 
to speak with your attorney before entering a plea? 
18 
 
 
DEFENDANT BARNES:  No, sir. 
19 
 
 
THE COURT:  Then with respect to the sole count 
20 
against you charging you with conspiracy to commit wire fraud, 
21 
how do you plead? 
22 
 
 
DEFENDANT BARNES:  Guilty. 
23 
 
 
THE COURT:  Did you, in fact, commit that crime? 
24 
 
 
DEFENDANT BARNES:  Yes, sir. 
25 
Case 5:23-cr-00094-D     Document 62     Filed 10/03/23     Page 25 of 29

26 
 
 
 
 
 
THE COURT:  And are you pleading guilty today of your 
1 
own free will because you are, in fact, guilty? 
2 
 
 
DEFENDANT BARNES:  Yes, sir. 
3 
 
 
THE COURT:  In the case of United States of America 
4 
versus Monica Faye Barnes, Case 5:23-cr-94, let the record 
5 
reflect the Court is satisfied and finds as fact that the 
6 
defendant's guilty plea was freely and voluntarily entered.  
7 
When the defendant entered her plea, she was fully competent 
8 
and had a full and complete understanding of the nature of the 
9 
charge she is pleading guilty to as well as the maximum and 
10 
minimum penalties provided by law for that offense.  The 
11 
defendant's guilty plea is accompanied by an independent 
12 
factual basis containing each of the essential elements of the 
13 
offense charged; therefore, the Court accepts the defendant's 
14 
guilty plea and adjudges her guilty of the sole count of the 
15 
Criminal Information. 
16 
 
 
Sentencing in this matter is set for Judge Dever's 
17 
July 10, 2023 term. 
18 
 
 
The Court has condi, will defer consideration of the 
19 
presentence, or the plea agreement until it receives the pre-
20 
sentence report. 
21 
 
 
The defendant should be aware that she must submit any 
22 
objections to the pre-sentence report within 14 days after its 
23 
disclosure and she should also be aware she'll have the 
24 
opportunity to address the Court at sentencing as will the 
25 
Case 5:23-cr-00094-D     Document 62     Filed 10/03/23     Page 26 of 29

27 
 
 
 
attorneys for the parties and any victims. 
1 
 
 
All right.  Is the United States seeking detention 
2 
here? 
3 
 
 
MR. BERAKA:  No, your Honor. 
4 
 
 
THE COURT:  All right.  And again, I have just the, 
5 
the four mandatory conditions.  Is the Government seeking 
6 
anything in addition? 
7 
 
 
MR. BERAKA:  No.  The Government in this case accepts 
8 
Probation's recommendation. 
9 
 
 
THE COURT:  Mr. Long, do you wish to be heard at all? 
10 
 
 
MR. LONG:  No.  No, your Honor. 
11 
 
 
THE COURT:  All right. 
12 
 
 
Ms. Barnes, you'll be released at the conclusion of 
13 
today's proceedings after any final processing on the following 
14 
conditions: 
15 
 
 
You may not violate any federal, state, or local law 
16 
while on release. 
17 
 
 
You must cooperate in the collection of a DNA sample, 
18 
if such collection is authorized by federal law. 
19 
 
 
You must advise the court or the probation office in 
20 
writing before making any change of residence or telephone 
21 
number. 
22 
 
 
And you must appear in court as required and if you 
23 
are convicted, you must surrender as directed to serve any 
24 
sentence the Court may impose. 
25 
Case 5:23-cr-00094-D     Document 62     Filed 10/03/23     Page 27 of 29

28 
 
 
 
 
 
There are serious penalties for violating any of these 
1 
conditions.  If you fail to appear in court as required, that 
2 
is a separate crime for which you could be sent to prison and 
3 
if you violate any of these conditions, you may be jailed until 
4 
your sentencing hearing. 
5 
 
 
Do you have any questions about these conditions, 
6 
Ms. Barnes? 
7 
 
 
DEFENDANT BARNES:  No, sir. 
8 
 
 
THE COURT:  All right.  
9 
 
 
I'm now executing the order authorizing the 
10 
defendant's release at the conclusion of today's proceedings 
11 
after any final processing. 
12 
 
 
Mr. Beraka, anything further on behalf of the United 
13 
States? 
14 
 
 
MR. BERAKA:  No, your Honor.  Thank you. 
15 
 
 
THE COURT:  Mr. Long, anything further? 
16 
 
 
MR. LONG:  Nothing further. 
17 
 
 
THE COURT:  All right.  That concludes proceedings for 
18 
Ms. Barnes. 
19 
 
 
Thank you, Counsel. 
20 
 
 
DEFENDANT BARNES:  Thank you. 
21 
 
(Proceedings as to Defendant Monica Faye Barnes concluded 
22 
at 12:14 p.m.) 
23 
 
24 
 
25 
Case 5:23-cr-00094-D     Document 62     Filed 10/03/23     Page 28 of 29

 
 
 
 
CERTIFICATE OF TRANSCRIBER 
1 
 
 
I, Janice Russell, court-approved transcriber, in and 
2 
for the United States District Court for the Eastern District 
3 
of North Carolina, do hereby certify that pursuant to Section 
4 
753, Title 28, United States Code, that the foregoing is a true 
5 
and correct transcript from the official electronic sound 
6 
recording of the proceedings held in the above-entitled matter 
7 
and that the transcript page format is in conformance with the 
8 
regulations of the Judicial Conference of the United States. 
9 
 
10 
 
 
 
 
Dated this 3rd day of October, 2023. 
11 
 
12 
 
 
 
 
/s/ JANICE RUSSELL  
 
 
13 
 
 
 
 
JANICE RUSSELL 
 
 
 
 
COURT-APPROVED TRANSCRIBER 
14 
 
 
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