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Change of Plea Hearing Transcript — United States v. Carl Bradley Johansson
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A reporter's transcript of proceedings at a change of plea hearing in United States v. Carl Bradley Johansson, filed September 21, 2022 as Document 80 in No. 5:21-cr-00170-JGB in the U.S. District Court for the Central District of California. The hearing was held September 29, 2021 in Los Angeles before the Honorable Virginia A. Phillips and was called in two matters, ED CR 21-00170-VAP and ED CR 18-00114(B)-VAP. Matthew W. O'Brien and Joseph O. Johns appear for the United States, Mark J. Werksman and Karen M. Sosa for the individual and Western Distribution, LLC, and Alan M. Lurya for Wholesale Distribution, Inc. Defense counsel tells the court the client has not been able to review the signed plea agreement in custody, and the court puts the matter over to the afternoon. The transcript is 75 pages and ends with the court in recess at 3:34 p.m.
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No. 5:21-cr-00170-JGB · Doc. 80 · Docket on CourtListener
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Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 Page 1 of 75 Page ID #:518 1 1 UNITED STATES DISTRICT COURT 2 CENTRAL DISTRICT OF CALIFORNIA - WESTERN DIVISION 3 HONORABLE VIRGINIA A. PHILLIPS, U.S. DISTRICT JUDGE 4 5 UNITED STATES OF AMERICA, Plaintiff, 6 7 8 v. WESTERN DISTRIBUTION, LLC, and CARL BRADLEY JOHANSSON, 9 Defendants. 10 11 UNITED STATES OF AMERICA, Plaintiff, 12 13 14 15 v. CARL BRADLEY JOHANSSON, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CR 21-170 VAP Case No. CR 18-114 VAP 16 17 18 19 REPORTER'S TRANSCRIPT OF PROCEEDINGS CHANGE OF PLEA HEARING WEDNESDAY, SEPTEMBER 29, 2021 10:04 A.M. LOS ANGELES, CALIFORNIA 20 21 22 _______________________________________________________________ 23 MYRA L. PONCE, CSR NO. 11544, CRR, RPR, RMR, RDR FEDERAL OFFICIAL COURT REPORTER 350 WEST 1ST STREET, ROOM 4455 LOS ANGELES, CALIFORNIA 90012 (213) 894-2305 24 25 UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 Page 2 of 75 Page ID #:519 2 APPEARANCES OF COUNSEL: 1 2 3 4 5 6 7 FOR THE PLAINTIFF: TRACY L. WILKISON United States Attorney BY: MATTHEW W. O'BRIEN BY: JOSEPH O. JOHNS Assistant United States Attorneys United States Courthouse 312 North Spring Street Los Angeles, California 90012 8 9 10 11 12 13 FOR THE DEFENDANTS CARL BRADLEY JOHANSSON and WESTERN DISTRIBUTION, LLC: WERKSMAN, JACKSON & QUINN, LLP BY: MARK J. WERKSMAN BY: KAREN M. SOSA Attorneys at Law 888 West Sixth Street, Fourth Floor Los Angeles, California 90017 14 15 FOR THE DEFENDANT WHOLESALE DISTRIBUTION, INC.: 16 17 18 LAW OFFICE OF ALAN M. LURYA BY: ALAN M. LURYA Attorney at Law 15615 Alton Parkway, Suite 450 Irvine, California 92612 19 20 21 22 23 24 25 UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 Page 3 of 75 Page ID #:520 3 1 WEDNESDAY, SEPTEMBER 29, 2021; 10:04 A.M. 2 LOS ANGELES, CALIFORNIA 3 -oOo- 4 10:04AM 10:05AM 10:05AM ED CR 21-00170-VAP and ED CR 18-00114(B)-VAP, United States of 6 America versus Carl Bradley Johansson. 7 Counsel, please state your appearance. 8 MR. O'BRIEN: Good morning, Your Honor. Matthew O'Brien and Joe Johns on behalf of the United States. 10 THE COURT: 11 MR. WERKSMAN: Good morning. Good afternoon, Your Honor -- 12 morning. 13 defendant who is present in custody. Mark Werksman and Karen Sosa on behalf of the 14 THE COURT: Thank you. 15 All right. This matter, I believe, is on the Good morning. 16 calendar in both the 18 -- excuse me -- the 18-114 case and the 17 21-170 case for a change of plea in the 18-114 case as to 18 Counts 1, 2, and 4 and in the 21-170 case as to Counts 1 and 3. 19 Is that correct? 20 21 10:05AM Calling Item No. 2 and 3, 5 9 10:04AM THE COURTROOM DEPUTY: MR. WERKSMAN: That's the purpose for us being here, Your Honor. 22 May I address the Court as to our situation? 23 THE COURT: 24 MR. WERKSMAN: 25 Certainly. And I want to preface this by saying that in my 35 years of practice -- 36 years of practice, I've UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 Page 4 of 75 Page ID #:521 4 10:06AM 1 never confronted a situation like this. 2 but I want to curb my personal frustration and ask the Court to 3 understand the situation and perhaps help us resolve this. 4 THE COURT: 5 more time today to -- 6 7 10:06AM 10:06AM 10:06AM 10:07AM All right. MR. WERKSMAN: And I'm frustrated, Is it a matter of needing Possibly. But here's the problem, Your Honor. 8 THE COURT: All right. 9 MR. WERKSMAN: I need the Court's help. And the 10 situation is that on August 12th, my client and I met at the 11 Santa Ana City Jail. 12 thought was a final version and signed copy of the plea 13 agreement, which was filed with the Court later that night or 14 early the next morning with the anticipation that we would come 15 to court on Friday, the 13th of August for entry of plea. And we reviewed and finalized what I 16 And it was my intention, when I went to bed on the 17 night of August 12th, to get up on Friday morning, the 13th, 18 and come to court and my client was going to be here and we 19 were going to enter pleas to the case against Mr. Johansson 20 personally in both Indictments and on behalf of Western, which 21 is the entity in the second of the two cases, the reason he's 22 been incarcerated. 23 That morning on the 13th, my client had a medical 24 issue which caused the U.S. Marshals to take him to a nearby 25 clinic. And from that point forward, he has been more or less UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 Page 5 of 75 Page ID #:522 5 1 held incommunicado, deprived of counsel, and deprived of access 2 to legal papers and reading glasses by the U.S. Marshals. 3 10:07AM 4 I know they have a tough job, they perform bravely. 5 in a situation now where the U.S. Marshals are absolutely 6 frustrating my ability to communicate with my client, his 7 ability to receive legal papers, and in some cases his ability 8 to come to court. 9 10:07AM 10:07AM 10:08AM But we're So what's happened now, Your Honor, is that he's 10 been more or less incommunicado in one form or another of COVID 11 quarantine for about 46 days, ending early this week. 12 with him Friday, the -- this previous Friday -- 13 THE COURT: 14 MR. WERKSMAN: 15 16 10:08AM I don't want to vent too much on the U.S. Marshals. So he's now at the MDC. He's at MDC. He was finally taken off quarantine Friday, this past Friday, and I met with him. I tried to give him copies of his plea agreement so 17 he could review them. 18 hadn't seen them in 43 or so days. 19 them in anticipation of today's court appearance. 20 I met I gave him those copies because he And he wanted to review When we left the visiting room, he took these papers 21 with him to his cell, but a deputy U.S. Marshal intercepted 22 him -- or maybe he was an employee of the Bureau of Prisons, 23 one of them -- took his papers away and said you can't take 24 them from the attorney lounge, that or visiting room. 25 to be -- they have to be mailed in. UNITED STATES DISTRICT COURT You have Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 Page 6 of 75 Page ID #:523 6 1 10:08AM 10:09AM immediately put them in envelopes. 3 in two because there's a very thin slot for you to slide legal 4 mail in in the lobby of MDC. 5 I'll get to the point. 7 THE COURT: 8 MR. WERKSMAN: That's all right. Friday midday my assistant, 9 Rob Pooley, personally put two envelopes in the mail slot 10 containing all the papers, both plea agreements that are -- 11 we're here today for my client to agree to. I am told now that the guy who handles mail at the 13 Metropolitan Detention Center has been off this week. 14 this moment, my client reports to me that he has not received 15 copies of his plea agreements. So as of Moreover, he complained to me last Friday and he's 17 complaining again this morning that he can't see because he 18 doesn't have glasses. 19 ago, and he can't read without glasses. 20 21 10:09AM I had to break the papers I'm telling you all this for a reason, Your Honor. 6 16 10:09AM And I then 2 12 10:09AM They returned them to me on the spot. They took away his glasses a long time So, Your Honor, I believe that my client intends to enter into these agreements. 22 THE COURT: 23 MR. WERKSMAN: 24 THE COURT: 25 But he needs more time to read them. He needs to read them. All right. Let me -- pardon me for interrupting you, but let me ask a couple of questions. UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 Page 7 of 75 Page ID #:524 7 1 2 10:10AM 10:10AM When you say "reading glasses," can those be nonprescription reading glasses? 3 MR. WERKSMAN: 4 Dime store reading glasses; right? 5 THE DEFENDANT: 10:10AM 10:11AM Well, I've been severely nearsighted 6 for 25 years. 7 wearing bifocals for magnification because I'm just getting 8 older. And about five years ago, I've had to start 9 real -- fairly thick lens and, you know, really specific 10 glasses for my eyes. And I have corrections for astigmatism. 11 10:10AM I believe so. So I have a And when I self-surrendered the first week of July, 12 they took my glasses and I haven't had glasses for three 13 months. 14 front of me. 15 Not only for reading, but I can't see three feet in THE COURT: All right. Well, so we have two 16 questions here. I have to find out what happened to those 17 glasses or the replacements. 18 reading something, it sounds like we could get regular reading 19 glasses for that purpose. 20 MR. WERKSMAN: But for the purposes of simply Mr. Johansson, if we got you some 21 reading glasses from Walgreens, could -- to magnify, could you 22 read with those? 23 THE DEFENDANT: I could try, but I have -- I have 24 corrected for astigmatism. My eyes want to divert out to the 25 side. That's why I need my prescriptions. UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 Page 8 of 75 Page ID #:525 8 10:11AM 10:11AM 10:11AM 10:12AM 10:12AM 1 THE COURT: Right. 2 you those prescription glasses. 3 MR. WERKSMAN: 4 THE COURT: 5 MR. WERKSMAN: I understand that we need to get May I make a request, Your Honor? Yes. We're supposed to be back here at 6 2:00 o'clock this afternoon for entry of the corporate pleas. 7 May I request that the Court -- and forgive me -- seize control 8 of the situation and forbid the marshals from taking away his 9 legal papers and order that my client be allowed to receive in 10 this courtroom right now copies of his plea agreements -- I'll 11 hand them to Your Honor's courtroom deputy, there are no 12 staples in them, there's no contraband in them -- along with a 13 debriefing statement of his co-defendant who is now cooperating 14 and has pled guilty, Cameron Spicer. 15 If I could give these to my client now and perhaps 16 in the next hour I or someone from my staff could return and 17 be -- and be ordered, permitted to give him a pair of Walgreens 18 or CVS reading glasses of the strongest magnification -- but 19 we've got to get through the marshal's skull. 20 THE COURT: All right. I will discuss this with the 21 marshals. We'll put this off until this afternoon. 22 the courtroom available to you -- or I'll make sure that you 23 have the opportunity to talk -- let me talk with the deputy 24 marshals in the courtroom to find out what's the best place for 25 you to meet with your client. UNITED STATES DISTRICT COURT We'll keep Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 Page 9 of 75 Page ID #:526 9 10:12AM 10:12AM 10:13AM 1 MR. WERKSMAN: 2 I just met with him before court. 3 THE COURT: 4 MR. WERKSMAN: 5 is I know what's going to happen. 6 glasses in an hour and they're going to say we don't take 7 glasses here. 8 Judge Phillips, she wants him to have these glasses. 9 going to get a runaround. 10 further along in this process. 11 THE COURT: That's not the problem. The problem I'm going to show up with And I'm going to say please talk to And we're And we'll be back at 2:00 o'clock no All right. I can sense your frustration, and I share it because we've all -- we've all met 13 here several times trying to get this matter taken care of. 14 But that's why I was going to suggest that you meet with your 15 client in the courtroom. 16 MR. WERKSMAN: I'd prefer that, frankly, if that can be done. 18 THE COURT: So that, I think, would be the ideal 19 thing. 20 you can answer his questions. 21 the marshals would want to be in the courtroom so -- which is 22 obviously not acceptable because you have to have privacy. 23 10:13AM So would you -- well, that's -- 12 17 10:13AM They have -- there are meeting rooms. Then you can sit there, you can show him the documents, The problem with that is I think So let me talk to the deputies and figure out 24 where's the best place that we can accomplish this. 25 we'll put it on calendar for -- 2:00 o'clock is fine. UNITED STATES DISTRICT COURT And then Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:527 Page 10 of 75 Page ID 10 1 MR. WERKSMAN: 2 THE COURT: 3 10:13AM 4 MR. WERKSMAN: 5 THE COURT: 6 speak to me through your attorney. 8 10:14AM You have to So in the meantime, Mr. Werksman -- okay. Mr. Werksman. MR. WERKSMAN: 10 THE COURT: Yes, Your Honor. I have -- we have the revocation; right, Christine? 12 THE COURTROOM DEPUTY: 13 THE COURT: Okay. Yes, Your Honor. So I have another matter right 14 now. 15 back row right now and get started -- 16 MR. WERKSMAN: 17 10:14AM Okay. You have to -- I'm sorry. 9 11 10:14AM You can hand -- you can hand him those papers. 7 10:14AM In the meanwhile, Your Honor -- But if you want to sit back there with your client in the There's nothing to start with, Your Honor. 18 THE COURT: Because he doesn't have glasses? 19 MR. WERKSMAN: Yes. What I'd like to do, if I may, 20 is just be ordered back at 2:00. If the Court would order the 21 marshals to allow him to receive these papers, which you can 22 examine -- they can examine, they're just legal documents, so 23 he can at least try to read them. 24 glasses for him. 25 to bring the glasses and there will be an understanding that he We'll come back shortly with Maybe the courtroom deputy can tell me where UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:528 Page 11 of 75 Page ID 11 1 can receive these glasses. 2 3 10:14AM 10:16AM 10:16AM 10:16AM Okay. Let me talk to the deputy marshals. 4 MR. WERKSMAN: 5 (Off-the-record discussion between 6 the Court and the U.S. Marshal.) 7 THE COURT: 8 10:16AM THE COURT: Thank you, Your Honor. Okay. So what we'll do, Deputy Stovall -- that's the deputy's name. 9 MR. WERKSMAN: Stovall? 10 THE COURT: 11 So they're going to make the third floor -- a Stovall. 12 conference room available to you. When someone else from your 13 office arrives there with the glasses, there shouldn't be a 14 problem. 15 he gets the glasses. But if there is, Deputy Stovall will make sure that 16 MR. WERKSMAN: Very well. 17 THE COURT: 18 happened to the prescription pair. 19 MR. WERKSMAN: So -- And we're going to look into what So is he going to be taken there and 20 held there until 2:00 o'clock? 21 THE COURT: 22 MR. WERKSMAN: Yes. All right. So my -- my associate, 23 Ms. Sosa, who's here, we can get him some glasses, bring them 24 back here, and then spend some time with him on the third 25 floor. UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:529 Page 12 of 75 Page ID 12 1 THE COURT: 2 MR. WERKSMAN: 3 10:17AM 10:17AM No problem. 5 THE COURT: So we'll see you back at All right. 2:00 o'clock. 7 MR. WERKSMAN: 8 THE COURT: Thank you, Your Honor. I'm going to be here. If there's any 9 problems, you can get in touch with Ms. Chung and we will make 10 sure that your client has -- gets the glasses. 11 to the -- he can hang on to those legal papers. He can hang on 12 U.S. MARSHALL STOVALL: Yeah, that's fine. 13 THE COURT: Thank you very much. 14 MR. WERKSMAN: 15 THE COURTROOM DEPUTY: All right. Thank you. All rise. This court is in recess. 17 (Proceedings adjourned at 10:17 a.m. 18 and reconvened at 2:14 p.m.) 19 THE COURTROOM DEPUTY: Calling Item No. 2 and 3, 20 ED CR 21-00170-VAP and ED CR 18-00114(B)-VAP, United States of 21 America versus Carl Bradley Johansson. 22 Counsel, please state your appearance. 23 MR. O'BRIEN: 24 02:14PM accommodating us. U.S. MARSHALL STOVALL: 16 02:14PM Mr. Stovall, thank you for 4 6 10:17AM Yes. 25 Good afternoon, Your Honor. Matthew O'Brien and Joe Johns on behalf of the United States. THE COURT: Thank you. Good afternoon. UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:530 Page 13 of 75 Page ID 13 1 02:14PM 02:14PM MR. WERKSMAN: 2 Mark Werksman and Karen Sosa on behalf of the defendant who is 3 present in court in custody. 4 THE COURT: Thank you. 5 MR. LURYA: Alan Lurya. 6 the corporate defendant Wholesale. 7 THE COURT: 8 MR. WERKSMAN: 02:15PM 02:15PM I'm appearing on behalf of Thank you. Your Honor, I can represent to the 9 Court that Mr. Exum and Mr. Grech are here. 10 conference room working out some final details on the corporate 11 case, which we do expect to enter this afternoon. 12 02:15PM Good afternoon again, Your Honor. THE COURT: They're in the So we're going ahead right now with the 13 plea for Mr. Johansson, individually, and also in the 21 14 case -- right? -- is it Wholesale? 15 MR. WERKSMAN: 16 THE COURT: 17 MR. WERKSMAN: 18 THE COURT: 19 MR. WERKSMAN: Western, Your Honor. Western. Western Distribution. All right. And I want to thank Your Honor and 20 the courtroom staff for the assistance. 21 excellent. 22 We brought him glasses. 23 content, Your Honor, that we had an ample opportunity to review 24 the materials and be prepared for this. 25 The marshals were They let us meet with my client. THE COURT: He got glasses. We covered everything. Thank you. So I'm I'm glad to hear that. UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:531 Page 14 of 75 Page ID 14 1 02:16PM All right. 2 the lectern. 3 waiver on the joint representation. All right. 5 THE DEFENDANT: 6 THE COURT: see. 02:18PM Yes, Your Honor. You are charged in Counts 1, 2 -- let me In Case No. ED CR No. 21-170, you are charged in 9 Count -- wait a minute. 10 with conspiracy to commit bank fraud while on pretrial release, 11 in violation of Title 18, United States Code, Section 1349 and 12 3147, and with bank fraud -- in the second count, also bank 13 fraud while on pretrial release, in violation of Title 18, 14 United States Code, Section 1344(2) and 3147. 15 16 02:17PM Mr. Johansson. Let me start with the 21-170 case. 8 02:17PM Because, first, I want to take your client's 4 7 02:16PM Why don't you and Mr. Johansson stand at I'm sorry. Oh. Okay. In Count 1 You understand what you're charged with in Case No. 21-170? 17 THE DEFENDANT: 18 THE COURT: Yes, Your Honor. And then in Case No. 18-114, you're 19 charged with -- in Count 1 with conspiracy, in violation of 20 Title 18, United States Code, Section 371; in Count 2, welding 21 without the required certificate, in violation of Title 49, 22 United States Code, Section 5124, and 49 -- Title 49 of the 23 Code of Federal Regulations, Section 180.413(a)(1); and then in 24 Count 4, you are charged in that case with tax evasion, in 25 violation of Title 26, United States Code, Section 7201. UNITED STATES DISTRICT COURT All Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:532 Page 15 of 75 Page ID 15 1 02:18PM 02:19PM 02:19PM 02:19PM 02:19PM of these are felonies. 2 Do you understand what you're charged with? 3 THE DEFENDANT: 4 THE COURT: 5 THE DEFENDANT: 6 THE COURT: Yes. In both cases? Yes. All right. Now, I understand that you 7 are being represented today by Mr. Werksman in connection 8 with -- that you individually are being represented by 9 Mr. Werksman. 10 representing the defendant Western Distribution, LLC. 11 right? And in the 21-170 case, Mr. Werksman is also 12 THE DEFENDANT: 13 THE COURT: Is that Yes. All right. In any criminal case, each 14 defendant has a right to have independent counsel or 15 representation. Do you understand that? 16 THE DEFENDANT: 17 THE COURT: Yes. And under the Constitution, of course, 18 each defendant has the right to receive effective assistance of 19 counsel. 20 case, that can present a conflict of interest. 21 have trouble representing all of the defendants with the same 22 fairness. So when one lawyer represents two defendants in a The lawyer may 23 Have you and Mr. Werksman discussed this? 24 THE DEFENDANT: 25 THE COURT: Yes. Now, you signed a document waiving or UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:533 Page 16 of 75 Page ID 16 02:20PM 02:20PM 1 giving up any right to complain later about this conflict of 2 interest. 3 THE DEFENDANT: 4 THE COURT: 5 Mr. Werksman before you signed it? 6 THE DEFENDANT: 7 THE COURT: 02:21PM 02:21PM Uh, yes. All right. Did you discuss this with Yes. The conflict of interest between -- for 8 a lawyer representing both you as an individual defendant and 9 the company could result in a situation where the defendant is 10 denied his right to effective assistance of counsel because, in 11 any case, defendants may have different degrees of involvement 12 in the matter. 13 02:21PM Do you recall that? So that's what leads to a conflict of interest. For example -- and these are just examples, and they 14 may or may not apply in your case. 15 represents more than one defendant in a case, a disadvantage 16 for you is that the attorney-client privilege, for example, may 17 prevent your lawyer from communicating to you about information 18 about the other defendant, which in this case is your 19 corporation. 20 Do you understand that? 21 THE DEFENDANT: 22 THE COURT: But when a lawyer Yes. And in certain cases, the Government 23 might offer a lesser sentence to a defendant if he or she 24 cooperates against a co-defendant. 25 disadvantage. So that could be a You understand that? UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:534 Page 17 of 75 Page ID 17 02:21PM 02:22PM 02:22PM 02:22PM 02:23PM 1 THE DEFENDANT: 2 THE COURT: Yes. And the Government may let a defendant 3 who is not as involved as other defendants plead guilty to a 4 lesser charge. 5 Do you understand that? 6 THE DEFENDANT: 7 THE COURT: Yes. These are examples of the conflicts of 8 interest that could arise. 9 THE DEFENDANT: 10 THE COURT: Yes. All right. Let's see. If the case were 11 to go to trial -- which, of course, if I accept your guilty 12 pleas, it would not go to trial. 13 of the potential reasons why there's a conflict of interest 14 here. 15 I just have to tell you all So if the case proceeds to trial, then dual 16 representation, that means your lawyer representing both you 17 and the corporation, could affect how, for example, he 18 exercises his challenges to jurors who might sit on your case. 19 So, for example, there could be a juror who might be 20 favorable to you but perceived or seen as unfavorable to the 21 corporation and then the attorney would have a conflict of 22 interest in deciding whether to challenge that juror. 23 Do you understand that potential conflict? 24 THE DEFENDANT: 25 THE COURT: Yes. All right. And the best defense for one UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:535 Page 18 of 75 Page ID 18 02:23PM 02:23PM 02:23PM 02:24PM 02:24PM 1 defendant is often that another defendant is guilty. 2 a lawyer represents two defendants, then that argument becomes 3 difficult to make. 4 Do you understand that? 5 THE DEFENDANT: 6 THE COURT: And so if Yes. Evidence that helps one defendant in a 7 case might harm the other defendant. 8 a conflict of interest in deciding what evidence to put on in a 9 case. 10 Do you understand that? 11 THE DEFENDANT: 12 THE COURT: So the lawyer might have Yes. When it comes to sentencing, dual 13 representation, meaning a lawyer representing both clients, 14 would prevent the lawyer from engaging in post-trial 15 negotiations with the Government as to full disclosure by one 16 defendant against the other and prevent the lawyer from arguing 17 that one of the defendants he represents is more culpable or 18 guilty than the other. 19 Do you understand that? 20 THE DEFENDANT: 21 THE COURT: Yes. All right. Do you have any questions 22 about the conflict of interest and what you're waiving or 23 giving up? 24 THE DEFENDANT: 25 THE COURT: No. All right. And are you prepared to UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:536 Page 19 of 75 Page ID 19 02:24PM 02:24PM 02:25PM 1 waive any conflict of interest that's posed by Mr. Werksman 2 representing both you and Western? 3 THE DEFENDANT: 4 THE COURT: If you have any questions about that as we go along, please let me know. 6 talk to your lawyer or if you have a question for the Court, 7 please let me know. 8 THE DEFENDANT: 9 THE COURT: If you need to Yes. All right. I understand that you have 10 signed a written plea agreement that was negotiated on your 11 behalf with the United States Attorney's Office. 12 here today because you want to withdraw your earlier plea of 13 not guilty as to Counts 1, 2, 4, and 18 through 114. 14 the tax evasion counts -- correct? -- 118 through 114? 15 sorry. 17 I'm sorry. So you're Those are No, I'm That's the case number, excuse me. So you want to change your plea from not guilty to guilty as to Counts 1, 2, 4 in Case No. 18-114 -- 18 THE DEFENDANT: 19 THE COURT: 20 And then in the 21-170 case, you want to change your 21 02:25PM All right. 5 16 02:25PM Yes. Yes. -- correct? plea to a plea of guilty to Counts 1 and 3. 22 THE DEFENDANT: 23 THE COURT: Is that correct? Yes. All right. I'm going to ask my 24 courtroom clerk to swear you in as a witness and that means 25 that your answers to my questions will be made under penalty of UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:537 Page 20 of 75 Page ID 20 02:26PM 1 perjury. 2 later be charged with a separate crime of perjury. 3 understand what that means? 4 THE DEFENDANT: 5 THE COURT: 6 THE DEFENDANT: 7 THE COURT: 8 THE COURTROOM DEPUTY: 9 02:26PM 02:26PM 02:26PM Do you Yes. What "perjury" means? Yes. All right. Is Carl Bradley Johansson your true and correct name? 10 THE DEFENDANT: 11 THE COURTROOM DEPUTY: 12 Do you solemnly swear that your answers to the Yes. Please raise your right hand. 13 Court's questions regarding your plea shall be the truth, the 14 whole truth, and nothing but the truth, so help you God? 15 THE DEFENDANT: 16 THE COURTROOM DEPUTY: Thank you. 17 THE COURT: Mr. Werksman, the plea Yes. All right. 18 agreement was signed by you -- it's a consolidated plea 19 agreement. It was signed by you and your client on August the 20 12th, 2021. Did he sign the plea agreement in your presence? 21 MR. WERKSMAN: 22 THE COURT: 23 02:26PM If you answer untruthfully or falsely, you could Yes, he did. Did you discuss the contents of the plea agreement with your client before he signed it? 24 MR. WERKSMAN: 25 THE COURT: At great length. And have you discussed it again with him UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:538 Page 21 of 75 Page ID 21 1 02:26PM 02:27PM 02:27PM today? 2 MR. WERKSMAN: 3 THE COURT: consolidated plea agreement, represent the entire disposition 5 of both of these cases so far as you, your client, and the 6 U.S. Attorney's Office are concerned? 7 MR. WERKSMAN: 8 THE COURT: Yes, it does. Have there been any other promises, 9 guarantees, or representations made to you or your client other 10 than what's contained in the written plea agreement? 11 MR. WERKSMAN: 12 THE COURT: Thank you. 13 All right. Mr. Johansson, was your lawyer with you No. 14 when you signed the plea agreement? 15 THE DEFENDANT: 16 THE COURT: 19 20 21 Did you discuss everything in the plea THE DEFENDANT: Uh, everything that was in the agreement. THE COURT: Yes. Everything in the agreement you discussed with Mr. Werksman? 22 THE DEFENDANT: 23 THE COURT: 24 him; is that correct? 25 Yes. agreement with him before you signed it? 18 02:27PM Does the plea agreement, the 4 17 02:27PM Yes, I have. Yes. And you've discussed it again today with THE DEFENDANT: Correct. UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:539 Page 22 of 75 Page ID 22 1 02:27PM all of your questions about the plea agreement before you 3 signed it? 4 THE DEFENDANT: 5 THE COURT: 02:28PM 02:28PM Um, whatever I could think of. So you asked -- you asked him all the questions you could think of. 7 THE DEFENDANT: 8 THE COURT: 9 02:28PM Did you have a chance to ask your lawyer 2 6 02:27PM THE COURT: Is that right? Yes. Did he answer your questions to your satisfaction? 10 THE DEFENDANT: 11 THE COURT: Yes. I -- yes. All right. Does this plea agreement 12 cover everything you've been told about what's happening in 13 your case? 14 THE DEFENDANT: 15 THE COURT: I believe so. In other words -- well, what I'm asking 16 you is: Has anyone made you any promises or told you anything 17 about what's going to happen in your case other than what's in 18 the plea agreement? 19 THE DEFENDANT: 20 THE COURT: 21 THE DEFENDANT: 22 THE COURT: No. So the plea agreement covers everything? Yes. All right. Mr. O'Brien or Mr. Johns, is 23 this the written plea agreement, the consolidated plea 24 agreement filed as Docket 264 in Case No. 18-114 the written 25 plea agreement the Government extended to the defense? UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:540 Page 23 of 75 Page ID 23 02:28PM 02:29PM 1 MR. O'BRIEN: 2 THE COURT: 02:29PM consolidated plea agreement, has the Government made any other 4 promises, representations, or guarantees to the defendant or 5 his counsel? 6 MR. O'BRIEN: 7 THE COURT: Thank you. 8 All right. Mr. Johansson, how old are you and how No, Your Honor. 9 far did you go in school? 10 THE DEFENDANT: THE COURT: 13 THE DEFENDANT: 14 THE COURT: 15 I just started my 64th year, and I went to college. 12 Are you a citizen of the United States? Yes. And have you received a copy of the Indictment in both cases, the charges against you? 16 THE DEFENDANT: 17 THE COURT: Yes. Have you thoroughly discussed the 18 charges against you with your lawyer? 19 THE DEFENDANT: 20 THE COURT: 21 02:29PM Apart from what's contained in the 3 11 02:29PM Yes, Your Honor. Yes. You understand that the offenses to which you're offering your guilty plea are felonies? 22 THE DEFENDANT: 23 THE COURT: Yes. If I accept your guilty pleas today, 24 you'll be judged guilty of these felonies. A person who has 25 been judged guilty of a felony loses the right to vote, the UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:541 Page 24 of 75 Page ID 24 02:29PM 1 right to hold public office, the right to sit on a jury, and 2 the right to own or possess a firearm and ammunition of any 3 sort. 4 Do you understand that? 5 THE DEFENDANT: 6 THE COURT: 02:30PM guaranteed to you by the laws and the Constitution of the 8 United States in connection with this case. while we go through this? 11 MR. WERKSMAN: Would you like to sit? 12 THE DEFENDANT: I'm just a little dizzy, yeah. 13 THE COURT: 14 MR. WERKSMAN: 15 Why don't you take a seat. He's a little dizzy. It might be more convenient. 16 THE COURT: 17 You can adjust the microphone so that it reaches That's fine. MR. WERKSMAN: 20 THE COURT: 22 Certainly. him. 19 21 02:30PM Mr. Werksman, does your client need to sit down 10 18 02:30PM You have a number of rights that are 7 9 02:30PM Yes. I'll go sit next to him, Your Honor. And you said you're a little dizzy. Do you feel you can go forward today, Mr. Johansson? THE DEFENDANT: 23 every once in a while. 24 THE COURT: 25 THE DEFENDANT: Yes. I -- I -- I get this vertigo But you're thinking clearly? As clearly as I can, yes. UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:542 Page 25 of 75 Page ID 25 1 2 02:30PM 02:30PM 02:30PM THE COURT: all of my questions so far? 3 THE DEFENDANT: 4 THE COURT: All right. At any time if you can't hear me or if you don't understand any question, let me know, I 6 will be happy to reword the question. 7 THE DEFENDANT: 8 THE COURT: 9 So if you answer the question, I'm going to assume 10 Yes. Do you understand? All right. that you understood me. 11 THE DEFENDANT: 12 THE COURT: Yes. All right. You have -- going back to 13 the constitutional rights that you have in connection with this 14 case. 15 First of all, you have the right to be represented 16 by a lawyer at all stages of the case. 17 lawyer, the Court will appoint one to represent you. 19 02:31PM Yes, Your Honor. 5 18 02:31PM Well, have you been able to understand If you can't afford a You have the right to plead not guilty and to continue pleading not guilty. 20 You have the right to a speedy and public trial 21 before a jury at which the Government would have the burden of 22 proving your guilt beyond a reasonable doubt. In other words, 23 a defendant never has to prove his innocence. It's always the 24 burden on the Government to prove guilt beyond a reasonable 25 doubt. UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:543 Page 26 of 75 Page ID 26 1 2 02:31PM You have the right to a speedy and public trial and 4 at that trial you'd have the right to see and hear the evidence 5 that the prosecution introduces against you. 7 02:32PM 02:32PM You have the right to confront and cross-examine any witness the Government calls to testify against you. 8 You have the privilege against self-incrimination, 9 that means you have the right to remain silent and that means 10 that the Government cannot force you to testify against your 11 self-interest. 12 You have the right to put on a defense at trial, put 13 on evidence, call witnesses to testify on your behalf, use the 14 Court's subpoena power to make witnesses come to court to 15 testify on your behalf, and you have the right to testify at 16 trial if you voluntarily decide to do so. 17 02:32PM sorry. 3 6 02:31PM You have the right to see and hear -- well, I'm If you're convicted after a trial, then you have the 18 right to appeal your conviction and your sentence to a higher 19 court, a Court of Appeals. 20 Do you understand these rights? 21 THE DEFENDANT: 22 THE COURT: Yes. Any questions for me or your lawyer 23 about any of these rights? 24 THE DEFENDANT: 25 THE COURT: No. The first right that I mentioned to you UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:544 Page 27 of 75 Page ID 27 02:32PM 02:33PM 02:33PM 1 just now is your right to be represented by a lawyer. 2 not giving up that right by pleading guilty. 3 giving up all of the other rights that I described, including, 4 to a large extent, your right to appeal your conviction and 5 your sentence. So in the plea agreement that you signed, on 7 page 16, in paragraph 27, you've agreed that, with the 8 exception of an appeal based on a claim that your guilty pleas 9 were involuntary, so with the exception of that, by pleading 10 guilty, you are giving up any right to appeal your convictions 11 on these offenses. 12 Do you understand what that means? 13 THE DEFENDANT: 14 THE COURT: Yes. Okay. And in the next paragraph, 15 paragraph 28, you've agreed that, so long as I sentence you to 16 no more than the statutory maximum as to these counts and -- 17 well, let me back up. Have you been told about what the statutory maximum 19 sentence is for each of these counts? 20 THE DEFENDANT: 21 THE COURT: 22 24 25 I believe so. It's in the plea agreement. But I'm going to ask the prosecutor to state those on the record now. 23 02:34PM But you are 6 18 02:33PM You're MR. O'BRIEN: Your Honor, do you want me to go count by count -THE COURT: Yes. UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:545 Page 28 of 75 Page ID 28 02:34PM 02:34PM 02:35PM 1 MR. O'BRIEN: -- or just the total? 2 THE COURT: Count by count. 3 MR. O'BRIEN: 02:35PM Your Honor, the statutory maximum 4 sentence that the Court can impose for a violation of Title 18, 5 United States Code, Section 371, is five years' imprisonment, a 6 three-year period of supervised release, a fine of $250,000 or 7 twice the gross gain or gross loss resulting from the offense, 8 whichever is greatest, and a mandatory special assessment of 9 $100. 10 The statutory maximum sentence that the Court can 11 impose for a violation of Title 49, United States Code, 12 Section 5124, is five years' imprisonment or ten years in any 13 case in which the violation involves the release of a hazardous 14 material that results in death or bodily injury to any person, 15 a three-year period of supervised release, a fine of $250,000 16 or twice the gross gain or gross loss resulting from the 17 offense, whichever is greatest, and a mandatory special 18 assessment of $100. 19 02:35PM No. The statutory maximum sentence that the Court can 20 impose for a violation of Title 26, United States Code, 21 Section 7201, is five years' imprisonment, a three-year period 22 of supervised release, a fine of $250,000 or twice the gross 23 gain or gross loss resulting from the offense, whichever is 24 greatest, and a mandatory special assessment of $100. 25 Defendant understands that the statutory maximum UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:546 Page 29 of 75 Page ID 29 02:36PM 1 sentence that the Court can impose for a violation of Title 18, 2 United States Code, Section 1349, is 30 years' imprisonment, a 3 five-year period of supervised release, a fine of $1 million or 4 twice the gross gain or gross loss resulting from the offense, 5 whichever is greatest, and a mandatory special assessment of 6 $100. 7 02:36PM 8 impose for a violation of Title 18, United States Code, 9 Section 1344(2), is 30 years' imprisonment, a five-year period 10 of supervised release, a fine of $1 million or twice the gross 11 gain or gross loss resulting from the offense, whichever is 12 greatest, and a mandatory special assessment of $100. 13 02:36PM 02:37PM The statutory maximum sentence that the Court can 14 impose for a violation of Title 18, United States Code, 15 Section 3147, is ten years' imprisonment to be served 16 consecutive to the underlying offense. 17 02:37PM The statutory maximum sentence that the Court can Therefore, the total maximum sentence for all 18 offenses to which defendant is pleading guilty is 100 years' 19 imprisonment, a five-year period of supervised release, a fine 20 of $2,750,000 or twice the gross gain or gross loss resulting 21 from the offense, whichever is greatest, and a mandatory 22 special assessment of $500. 23 THE COURT: Thank you. 24 All right. So do you understand what the attorney 25 for the Government just stated? UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:547 Page 30 of 75 Page ID 30 02:37PM 02:38PM 1 THE DEFENDANT: 2 THE COURT: 02:39PM So going back to my question to you a moment ago, paragraph 28 of the plea agreement 4 provides that, so long as I sentence you to no more than the 5 statutory maximum, which has just been read into the record, 6 you're giving up your right to appeal the way I calculated your 7 sentence, the length of your sentence, any fine that's imposed, 8 as long as it's within the statutory maximum, the -- to the 9 extent that's allowed, the constitutionality or legality of 10 your sentence, again, provided that the fine is within the 11 statutory maximum, and the term of imprisonment is ten years or 12 less. The amount of any restitution -- you're giving up 14 your right to appeal the restitution order. 15 pay restitution. 16 appeal the restitution order so long as it doesn't require you 17 to pay more than $2.5 million. 18 02:38PM All right. 3 13 02:38PM Yes. I'll order you to So long as -- you're giving up the right to And after someone serves their sentence, they are on 19 supervised release. And you're giving up your right to appeal 20 the terms and conditions of any supervised release, including 21 the drug testing condition. 22 Do you understand all of that? 23 THE DEFENDANT: 24 THE COURT: 25 THE DEFENDANT: Yes. Any questions so far? No. UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:548 Page 31 of 75 Page ID 31 1 02:39PM 02:39PM 02:39PM 02:39PM 02:40PM THE COURT: All right. You have -- have you 2 discussed with your lawyer your appeal rights and what you're 3 giving up? 4 THE DEFENDANT: 5 THE COURT: Yes. All right. Keeping in mind all the 6 rights that I explained to you a moment ago, your right to a 7 jury trial and so forth, do you want to give up those rights by 8 pleading guilty? 9 THE DEFENDANT: 10 THE COURT: Yes. Have you told your lawyer everything 11 about your involvement in this matter? 12 THE DEFENDANT: 13 THE COURT: Yes. And has he advised you about the nature 14 of the case, the nature of the charges against you and possible 15 defenses that might apply? 16 THE DEFENDANT: 17 THE COURT: Yes. Are you on parole or probation with any 18 other court at this time? 19 THE DEFENDANT: 20 THE COURT: No. And you have now been advised about the 21 maximum sentence that you're facing and the mandatory -- the 22 ten-year mandatory consecutive sentence on one of the counts. 23 And you understand that; correct? 24 THE WITNESS: 25 THE COURT: Um -- You understand that that's the longest UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:549 Page 32 of 75 Page ID 32 02:40PM 02:40PM 02:40PM 02:41PM 02:41PM 1 possible sentence you could get, what Mr. O'Brien stated on the 2 record a moment ago? 3 THE DEFENDANT: 4 THE COURT: Yes. And in the federal system, we don't have 5 parole. So as I said a moment ago, when you've served your 6 sentence, you'd be released on supervised release. 7 means there are rules and conditions that apply about where you 8 can live and what kind of work you can do and so forth. 9 violate any of those conditions, you can be returned to prison. 10 Do you understand that? 11 THE DEFENDANT: 12 THE COURT: And that If you Yes. Federal judges are required to consider 13 a number of different factors in deciding what sentence is 14 reasonable in any case. 15 me -- one of the things I consider is the United States 16 Sentencing Guidelines. One of the things to be considered by 17 Have you and your lawyers talked in general terms 18 about the Sentencing Guidelines and how they might apply in 19 your case? 20 THE DEFENDANT: 21 THE COURT: Yes. So after today, you'll be interviewed by 22 a probation officer who will then do an investigation into your 23 background and into this offense -- these offenses and then the 24 probation officer prepares a written report. 25 You have the right to see that report and have the UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:550 Page 33 of 75 Page ID 33 1 opportunity to discuss it with your lawyer before sentencing. 2 02:41PM After the report's been issued, then your lawyer and 3 the lawyer for the Government will each file their sentencing 4 briefs with the Court, making their arguments and 5 recommendations as to what sentence I should give. 6 02:41PM 02:42PM 7 decision. 8 the judge who decides what your sentence should be, not the 9 probation officer and not the lawyers. Do you understand that? 11 THE DEFENDANT: 12 THE COURT: Yes. If your sentence is -- well, back to the 13 guidelines. 14 the judge can impose a sentence that's either shorter than 15 what's called for under the guidelines or longer. The guidelines are advisory. So in most cases, If your sentence is different than what you hoped 17 for or expected, you'll still be bound by your guilty plea and 18 you won't have the right to withdraw it. 19 Do you understand that? 20 THE DEFENDANT: 21 THE COURT: 22 23 02:42PM But it's important that you understand that it is 10 16 02:42PM I consider all of those things before I make a Yes. Are you feeling all right, Mr. Johansson? THE DEFENDANT: 24 last few months, yeah. 25 THE COURT: Um, I'm as good as I felt in the All right. So you're still able to go UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:551 Page 34 of 75 Page ID 34 1 2 THE DEFENDANT: 3 THE COURT: 4 02:42PM 02:42PM 02:43PM 5 All right. Let me know if you're not feeling well. All right. Has anybody made any threats against you or anyone in your family or anyone else in order to get you to 7 plead guilty? 8 THE DEFENDANT: 9 THE COURT: 10 THE DEFENDANT: 11 THE COURT: No. Has anyone threatened you? No. Other than what's in the consolidated 12 plea agreement and other than what we've discussed here in 13 court today and other than the general discussion that you told 14 me you had with your lawyer about the Sentencing Guidelines, 15 has anyone told you -- or made you any promises about what 16 sentence you would receive if you pled guilty? 17 THE DEFENDANT: 18 THE COURT: sentence if you pled guilty? THE DEFENDANT: 21 THE COURT: No. Has anyone promised you anything of any kind in order to get you to plead guilty? 23 THE DEFENDANT: 24 THE COURT: 25 No. Has anyone promised you a certain 20 22 02:43PM Yes, Your Honor. 6 19 02:43PM forward today? No. Do you feel that you understand everything that we have discussed here today? UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:552 Page 35 of 75 Page ID 35 1 THE DEFENDANT: 2 THE COURT: 3 02:43PM 02:43PM 02:44PM 02:44PM consequences to you of pleading guilty to these charges? THE DEFENDANT: 5 THE COURT: Yes, I've come to terms with this. And you understand what the consequences 6 are, as we've discussed? 7 THE DEFENDANT: 8 THE COURT: Yes, I -- I understand. Do you feel that you're competent and able to make the decision to plead guilty to these charges? 10 THE DEFENDANT: 11 THE COURT: 12 entirely voluntary on your part? Yes. And is your decision to plead guilty 13 THE DEFENDANT: 14 THE COURT: 15 read out loud to you at this time. 16 charges read to you again? 17 THE DEFENDANT: 18 THE COURT: 19 02:44PM Do you feel that you understand the 4 9 I believe so. Yes. You have the right to have these charges Do you wish to have the No. You have read them yourself in the Indictment -- 20 THE DEFENDANT: 21 THE COURT: 22 You understand exactly what you're charged with? 23 THE DEFENDANT: 24 THE COURT: 25 Yes, Your Honor. -- the two Indictments? I believe so. All right. I'm going to ask as to each count -- I'm going to take your plea individually as to each UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:553 Page 36 of 75 Page ID 36 1 count. 2 02:44PM 02:45PM 02:45PM 02:45PM 02:45PM All right. Starting with Case No. ED CR 18-114, how 3 do you plead to Count 1 in the Indictment, charging you with 4 conspiracy, in violation of Title 18, United States Code, 5 Section 371, guilty or not guilty? 6 THE DEFENDANT: 7 THE COURT: Guilty. And how do you plead to Count 2, 8 charging you with welding without the required certificate, in 9 violation of Title 49, United States Code, Section 5124, guilty 10 or not guilty? 11 THE DEFENDANT: 12 THE COURT: Guilty. How do you plead to Count 4 of the 13 Indictment, charging you with tax evasion, in violation of 14 Title 26, United States Code, Section 7201, guilty or not 15 guilty? 16 THE DEFENDANT: 17 THE COURT: Guilty. And in Case No. 21-170, how do you plead 18 to Count 1 in that Indictment, charging you with conspiracy to 19 commit bank fraud while on pretrial release, in violation -- in 20 violation of Title 18, United States Code, Section 1349, guilty 21 or not guilty? 22 THE DEFENDANT: 23 THE COURT: 24 THE DEFENDANT: 25 THE COURT: Guilty. And how do you plead to Count 3 -Guilty. -- in the Indictment, charging you with UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:554 Page 37 of 75 Page ID 37 02:45PM 1 bank fraud while on pretrial release, in violation of Title 18, 2 United States Code, Section 1344(2) and 3147, guilty or not 3 guilty? 4 THE DEFENDANT: 5 THE COURT: the things charged in the Indictments? 7 THE DEFENDANT: 10 THE COURT: 02:47PM Well, my question is: Are you pleading guilty because you did the things that you are accused of? 11 THE DEFENDANT: 12 THE COURT: Yes. All right. I'm going to ask the 13 attorney for the Government to state on the record as to each 14 of these counts what the elements are in general. 15 Now, the Government -- if the case went to trial, 16 the Government would have to prove the elements of each of 17 these counts with certain facts and they have to prove their 18 case beyond a reasonable doubt. 19 02:46PM I -- I've come to terms with this, yes. 9 02:46PM Are you pleading guilty because you did 6 8 02:46PM Guilty. 20 So we'll start with what the elements are in general. 21 Mr. O'Brien. 22 MR. O'BRIEN: Your Honor, the elements for Count 1 23 in the 18-114 case, that is, conspiracy, in violation of 24 Title 18, United States Code, Section 371, are: 25 1. Beginning on or about a date unknown and ending UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:555 Page 38 of 75 Page ID 38 02:47PM 02:47PM 02:47PM 1 on or about April 15th, 2018, there was an agreement between 2 two or more persons to defraud the United States by obstructing 3 the lawful functions of the United States Department of 4 Transportation efforts to investigate and enforce the federal 5 laws and regulations related to out-of-service orders, 6 reincarnated carriers -- 7 THE COURT: 8 the elements or the factual basis? 9 MR. O'BRIEN: 10 Did I misunderstand your question? 11 THE COURT: 12 MR. O'BRIEN: The elements, Your Honor. No. The elements. Okay. I'm sorry. Go ahead. The regulations related to out-of-service orders, reincarnated carriers, and the R stamp 14 and purging requirements for cargo tank repair work by 15 deceitful or dishonest means; Second, defendant became a member of the conspiracy 17 knowing of at least one of its objects and intending to help 18 accomplish it; and 19 Third, one of the members of the conspiracy 20 performed at the least one overt act for the purpose of 21 carrying out the conspiracy. 22 02:48PM Mr. O'Brien, are you reading 13 16 02:48PM I'm sorry. The element for Count 2 in the case of 18-114, that 23 is, welding without required certifications, in violation of 24 Title 49, United States Code, Section 5124, and 49 CFR, 25 Section 180.413(a)(1) are: UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:556 Page 39 of 75 Page ID 39 1 2 3 02:48PM Defendant had knowledge of the facts giving rise conduct that he caused to take place was unlawful or defendant 6 displayed a deliberate indifference or conscious disregard to 7 the consequences of his conduct. The elements for Count 4 in the 18-114 case, that 9 is, tax evasion, in violation of Title 26, United States Code, 10 Section 72 -- 7201, are: 13 14 15 16 First, defendant owed federal income tax for a calendar year; Second, defendant made an affirmative attempt to evade or defeat such income tax; and Third, in attempting to evade or defeat such tax, the defendant acted willfully. 17 For Count 1 in the second case, 21-170, which is 18 conspiracy to commit bank fraud while -- committed while on 19 pretrial release, in violation of Title 18, United States Code, 20 Sections 1349 and 3147, are: 21 22 23 02:50PM 2. 5 12 02:49PM federal hazardous materials regulation; and to the violation and had knowledge that his conduct or the 11 02:49PM Defendant violated or caused the violation of a 4 8 02:49PM 1. First, there was an agreement between two or more persons to commit bank fraud as charged in the Indictment; Second, defendant became a member of the conspiracy 24 knowing of at least one of its objects and intending to help 25 accomplish it; UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:557 Page 40 of 75 Page ID 40 1 2 performed at least one overt act for the purpose of carrying 3 out the conspiracy; and 4 02:50PM 02:51PM defendant was on pretrial release in the criminal case of 6 United States versus National Distribution Services, Inc., 7 5:18-CR-114(B)-VAP, in the United States District Court for the 8 Central District of California. second case, that is, 21-170, which is bank fraud committed 11 while on pretrial release, in violation of Title 18, 12 United States Code, Sections 1344(2) and 3147, are: 13 First, defendant knowingly carried out a scheme or 14 plan to obtain money or property from a bank by making false 15 statements or promises; 17 18 02:51PM The elements of the crime charged in Count 3 of the 10 16 02:51PM Fourth, during the commission of the felony offense, 5 9 02:50PM Third, one of the members of the conspiracy Second, defendant knew that the statements or promises were false; Third, the statements or promises were material, 19 that is, they had a natural tendency to influence or were 20 capable of influencing a financial institution to part with 21 money or property; 22 Fourth, defendant acted with the intent to defraud; 23 Fifth, the bank was federally insured; and 24 Sixth, during the commission of the felony offense, 25 defendant was on pretrial release in the criminal case of UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:558 Page 41 of 75 Page ID 41 02:52PM 02:52PM 1 United States versus National Distribution Services, Inc., 2 5:18-CR-114(B)-VAP, in the United States District Court for the 3 Central District of California. 4 THE COURT: Thank you. 5 All right. Mr. Johansson, did you understand what 6 Mr. O'Brien just said about the elements as to each of these 7 charges? 8 THE DEFENDANT: 9 THE COURT: Government has to prove -- if your case went to trial, the 11 Government would have to prove each of those elements with 12 facts to prove their case beyond a reasonable doubt. 14 02:52PM So, next, I'm going to ask Mr. O'Brien -- well, let's see. The length -- the factual basis is quite lengthy. 15 MR. O'BRIEN: 16 THE COURT: 17 to the plea agreement; correct? Yes, Your Honor. And it's set forth in a separate exhibit 18 MR. O'BRIEN: 19 THE COURT: 20 Do you have a copy of that to show to your client, 21 02:53PM And as I said a moment ago, the 10 13 02:52PM Yes. Yes, Your Honor. And it's Exhibit 1. Mr. Werksman? 22 MR. WERKSMAN: 23 THE COURT: I do, Your Honor. Okay. He's seen it. So there is a document that's 24 attached to the plea agreement that's Exhibit 1, which is 25 17 pages. And it describes the facts that the Government is UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:559 Page 42 of 75 Page ID 42 02:53PM 1 representing that it could prove beyond a reasonable doubt if 2 your case went to trial. 3 Have you read this exhibit? 4 THE DEFENDANT: 5 THE COURT: 6 02:53PM 02:53PM 02:53PM 02:54PM And have you discussed it with your attorney? 7 THE DEFENDANT: 8 THE COURT: 9 Yes. Yes. Do you wish to have it read to you out loud now? 10 THE DEFENDANT: 11 THE COURT: No. All right. And do you agree that, if 12 your case went to trial, the Government could prove each of 13 those facts beyond a reasonable doubt? 14 THE DEFENDANT: 15 THE COURT: 16 THE DEFENDANT: 17 THE COURT: Yes. Do you understand my question? Yes. All right. And, Mr. Werksman, do you 18 join in agreeing that the Government has the evidence to prove 19 the facts set forth on Exhibit 1 to the consolidated plea 20 agreement beyond a reasonable doubt? 21 MR. WERKSMAN: 22 THE COURT: 23 Excuse me one moment. 24 (Pause in the proceedings.) 25 THE COURT: Yes, I do. All right. All right. Thank you. Next, Mr. Johansson, I'm UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:560 Page 43 of 75 Page ID 43 02:54PM 02:54PM 1 going to ask you some questions about your medical treatment. 2 So usually at this point is when I would ask any defendant if 3 you're under the care of any doctor, other medical 4 professional. 5 THE DEFENDANT: 6 see, not in -- in the prison here. 7 THE COURT: 8 What conditions are you -- or conditions or Well, let's start there. 10 doctor? THE DEFENDANT: Um, asthma for about 30 years. 12 more recently, in the last ten years or so, it's just 13 A-fibrillation of my heart and then uncontrolled blood 14 pressure, high blood pressure, and COPD. 15 couple of bouts with skin cancer. 16 THE COURT: Okay. And And then I've had a So the COPD, that's the pulmonary disease. 18 THE DEFENDANT: 19 THE COURT: 20 Are you currently taking any medicines for any of 21 22 23 24 02:55PM All right. illnesses or injuries were you regularly treated for by your 17 02:55PM I -- I have my own doctors that I 9 11 02:55PM But you have been; is that correct? 25 Yes. Congestive -- all right. these conditions? THE DEFENDANT: Yes. I -- I take about eight pills a day and my asthma inhalers. THE COURT: Okay. Do you -- let's start with the hypertension, or the high blood pressure. Do you take UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:561 Page 44 of 75 Page ID 44 1 2 THE DEFENDANT: 3 THE COURT: 4 02:55PM medication for that? 5 THE DEFENDANT: 7 what the pills look like and what colors they are. THE COURT: Okay. When's the last time you took those? 10 THE DEFENDANT: 11 THE COURT: Yesterday. Do they interfere with your ability to 12 think clearly and understand everything that's happened here 13 today? 14 THE DEFENDANT: 15 THE COURT: condition. I don't think so. All right. THE DEFENDANT: 18 THE COURT: 19 you take in connection with that? 20 22 23 24 25 It's a beige pill. THE COURT: Yes. Do you know the name of the medication THE DEFENDANT: it. And then you said the heart Do you take medication for that? 17 21 02:56PM Lotresamine and then I -- I've just been taking them so long, I just know 16 02:56PM There's two of them. 6 9 02:56PM Do you know the names of the medications? 8 02:56PM Yes. Um, I would probably mispronounce It's round. Okay. Now, do you take that every day or only as needed? THE DEFENDANT: No, I take eight -- eight prescriptions a day and then my inhalers. UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:562 Page 45 of 75 Page ID 45 02:56PM 02:57PM 02:57PM 1 THE COURT: 2 for the heart condition every day? 3 THE DEFENDANT: 4 THE COURT: 02:57PM So that's something that you take The asthma inhaler? No, no. I'm sorry. I'm asking about 5 the medication that you told me that you take for your heart 6 condition. 7 THE DEFENDANT: 8 THE COURT: Yes. Yes. And does that interfere with your 9 ability to think clearly and understand everything that's 10 happening here today? 11 THE DEFENDANT: 12 THE COURT: All right. The other medications -- you 13 said you take eight medications. Do you know the names of any 14 of the other medications that you're taking? 15 THE DEFENDANT: 16 THE COURT: 17 THE DEFENDANT: 18 02:57PM Okay. I -- I don't think so. Simvastatin, um -- Is that for the high blood pressure? No. That's for cholesterol, high cholesterol. 19 Honestly, Your Honor, I -- I've been taking these 20 pills so long, I just -- I can't remember the names of them. 21 They've got long medical names. 22 over to a generic one with a different name or whatnot. 23 the pills that the prison's giving me, they look different but 24 they said they're the same, but I don't know what they call 25 them. And sometimes they'll change UNITED STATES DISTRICT COURT And Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:563 Page 46 of 75 Page ID 46 1 2 02:57PM 02:58PM 4 THE COURT: 5 Yes, Your Honor. And do any of them affect your ability to think clearly? 6 THE DEFENDANT: 7 THE COURT: I don't believe so. All right. And I understand -- are 8 there any other conditions or injuries, anything else that 9 you're suffering from? 10 THE DEFENDANT: Other than my eyesight and just getting old. 12 THE COURT: That affects many of us. 13 All right. Now, you were quarantined because of the COVID pandemic while you've been incarcerated. 15 THE DEFENDANT: 16 THE COURT: 17 the COVID virus. Is that right? Yes, Your Honor. But you have never been diagnosed with Is that right? 18 THE DEFENDANT: 19 THE COURT: 20 No, you haven't been diagnosed. 21 02:58PM But they're all for one or more of the conditions that you told me about? THE DEFENDANT: 14 02:58PM All right. 3 11 02:58PM THE COURT: No. I'm sorry. I asked my question badly. Is that -- is that what you meant? 22 THE DEFENDANT: 23 THE COURT: Okay. 24 All right. Are you receiving any psychological or 25 No, I've not gotten coronavirus. Thank you. psychiatric care of any kind? UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:564 Page 47 of 75 Page ID 47 02:59PM 1 THE DEFENDANT: 2 confinement for almost three months. And there's no one to 3 talk to and no one to listen to you. And all you have is just 4 your anxiety and your depression and just a crushing sense of 5 loneliness. 6 three months. 7 02:59PM All right. So do you feel that you need 9 this time? 10 away for that. 13 Because I can recommend that you be evaluated right THE DEFENDANT: I would just like to -- if I can just pet my dogs, I'd feel a lot better. THE COURT: Well, I'm afraid I can't control that. 14 But it sounds to me, if you're suffering -- you say you're 15 suffering from this anxiety and depression. 16 that -- I am going to direct that you be evaluated for any 17 treatment for those conditions. 18 And I think All right? Do you -- again, do you feel that -- what you're 19 suffering from, does that prevent you from understanding what's 20 going on here today? 21 THE DEFENDANT: 22 could just hug my dogs, I'd be fine. 23 24 03:00PM THE COURT: to receive and get some psychiatric or psychological care at 12 03:00PM I was only allowed out one hour a week for almost 8 11 02:59PM No, but I -- I've been in solitary 25 THE COURT: I don't think so, but I just -- if I Well, I -- I understand. I understand very well the comfort power of one's pets, one's dogs. All right. Do you -- do you understand that if I UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:565 Page 48 of 75 Page ID 48 03:01PM 1 accept your guilty plea today, the only thing left in your case 2 is for you to be sentenced? 3 understand that? 4 THE DEFENDANT: 5 THE COURT: 6 03:01PM 03:01PM Yes. Okay. And do you know of any reason why 7 THE DEFENDANT: 8 THE COURT: 9 And, Mr. Werksman, has your client been competent No. All right. Thank you. 10 and able to -- you may remain seated. 11 competent and able to cooperate with you? MR. WERKSMAN: Has your client been Yes, Your Honor, with the exception 13 of his physical unavailability, which I've addressed on the 14 record. 15 Yes, in answer to your question. THE COURT: So there was a period of time that you 16 were not able to communicate with your client. 17 have communicated with your client, are you of the opinion that 18 he is competent to proceed today? 19 MR. WERKSMAN: 20 THE COURT: 21 Yes, Your Honor. in his defense? MR. WERKSMAN: 23 THE COURT: 25 But when you Has he been able to cooperate and assist 22 24 03:01PM Do you I should not accept your guilty plea today? 12 03:01PM You will not have a trial. Very much so. Have you discussed the facts of both of these cases in detail with your client? MR. WERKSMAN: Yes, I have. UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:566 Page 49 of 75 Page ID 49 1 03:02PM 03:02PM 03:02PM 03:02PM Are you satisfied as to the counts to 2 which he's offering his guilty plea, that there are no 3 meritorious defenses that might apply? 4 MR. WERKSMAN: 5 THE COURT: 6 03:02PM THE COURT: Yes. Are you satisfied that your client's constitutional rights have been observed in this case? 7 MR. WERKSMAN: 8 THE COURT: Yes. Are you -- have you advised 9 Mr. Johansson about the legality or admissibility of any 10 statements, confession, or other evidence in the Government's 11 possession? 12 MR. WERKSMAN: 13 THE COURT: Yes. Is your client pleading guilty because 14 of any illegally obtained evidence in the Government's 15 possession that you're aware of? 16 MR. WERKSMAN: 17 THE COURT: No. Are you of the opinion that your client 18 understands the nature of the proceedings and the consequences 19 of his guilty pleas? 20 MR. WERKSMAN: 21 THE COURT: Yes. We had a long -- well, not a long but we 22 had a detailed discussion with your client just now about the 23 medications and his mental health. 24 about medication, drugs, or other factors that might affect his 25 actions or judgment today? Has he told you anything UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:567 Page 50 of 75 Page ID 50 03:03PM 03:03PM 03:03PM 03:03PM 1 MR. WERKSMAN: 2 THE COURT: Other than the proceedings here in open 3 court, the contents of the written plea agreement, the 4 consolidated plea agreement, and a general discussion about the 5 Sentencing Guidelines and the 3553(a) factors, have you 6 conveyed any promise of a particular sentence to your client? 7 MR. WERKSMAN: 8 THE COURT: No. Based on your analysis of the law, your 9 own investigation of the facts, and after consulting with your 10 client, do you believe it's in his best interest to plead 11 guilty to these charges? 12 MR. WERKSMAN: 13 THE COURT: 14 And, Mr. Johansson, do you feel that you've had 15 enough time to discuss your case and your decision to plead 16 guilty with your lawyer? 17 THE DEFENDANT: 18 THE COURT: Yes. All right. Thank you. Yes. Are you satisfied that your lawyer has 19 fully considered any defenses that you may have to these 20 charges? 21 THE DEFENDANT: 22 THE COURT: 23 03:03PM No. Yes. And are you satisfied -- can you turn the microphone back to him? 24 Are you satisfied with the representation you've 25 received and the advice you've been given by your lawyers? UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:568 Page 51 of 75 Page ID 51 03:04PM 03:04PM 03:04PM 03:05PM 03:05PM 1 THE DEFENDANT: 2 THE COURT: Yes. All right. I'm going to make certain 3 findings. Please listen carefully. And if there's anything I 4 say that you don't understand or that you disagree with, please 5 interrupt me right away and tell me. 6 THE DEFENDANT: 7 THE COURT: All right? Yes. All right. The Court has questioned the 8 defendant and his lawyers on the offer of the defendant's plea 9 of guilty to Counts 1, 2, and 4 in Case No. 18-114 and I 10 believe it's counts -- I believe it's Counts 1 and 3 in Case 11 No. 21-170, again, all felonies; and the defendant and his 12 lawyer having told the Court that they have thoroughly 13 discussed all aspects of these charges against the defendant 14 and any defenses that might apply; and the Court having 15 observed the defendant as he answered my questions, and I've 16 had the opportunity to observe his demeanor and manner while he 17 answered questions, as well as his intelligence, and having 18 inquired several times during the proceedings as to whether the 19 defendant feels he is competent to proceed; and the Court also 20 having observed that the defendant does not appear to be under 21 the influence of any medicine, drug, or other substance or 22 factor that would affect his actions or judgment in any manner; 23 the Court finds that the defendant's offer of his plea of 24 guilty to the counts aforementioned in the two Indictments, 25 that the pleas have a factual basis, are free of any coercive UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:569 Page 52 of 75 Page ID 52 03:05PM 1 influence of any kind, are voluntarily made with full knowledge 2 of the charges against him and the consequences of his guilty 3 pleas, that no promises of any kind have been made to the 4 defendant by anyone, and no coercion or threats of any kind 5 have been exerted upon him in any manner. 6 03:06PM 03:06PM 03:06PM So it is ordered that the pleas of guilty to 7 Counts 1, 2 -- 1 and 3 -- I'm sorry -- 1, 2, and 4 in Case 8 No. 18-114 and Counts 1 and 3 in Case No. 21-170 be accepted 9 into the Court's record, entered today's date. 10 And I understand the parties have agreed upon a date 11 next year for sentencing. 12 MR. WERKSMAN: Just briefly, 13 because there are the tax counts, we have to do a closing 14 agreement with the IRS, which is very time-consuming. 15 Therefore, we're requesting May 9th as a sentencing date for 16 both Mr. Johansson and I will set that for the date for the 17 corporation as well. 18 THE COURT: 19 MR. WERKSMAN: 20 THE COURT: 21 MR. O'BRIEN: 22 24 25 All right. If that's okay with Your Honor. That's fine. May 9th at 9:00 a.m. That's fine with the Government, Your Honor. 23 03:06PM Yes, Your Honor. Your Honor, I have one very minor clarification to make. THE COURT: Yes. UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:570 Page 53 of 75 Page ID 53 03:07PM 1 MR. O'BRIEN: 2 THE COURT: 3 MR. O'BRIEN: And, Your Honor, excuse me, I may have 4 misunderstood the Court. But I just want to make clear for the 5 record that the maximum sentence under Title 18, U.S.C., 3147, 6 is ten years and it must be consecutive, but it's not a 7 mandatory ten-year sentence. 8 9 03:07PM 03:07PM Oh, I'm sorry. It is a mandatory consecutive sentence, that's correct. MR. O'BRIEN: 11 THE COURT: Thank you. 12 All right. So the defendant and counsel are ordered Thank you, Your Honor. 13 to appear on that date and time for sentencing. 14 papers must be filed at least three weeks before the date of 15 sentencing. All right. of a plea as to Western? 18 MR. WERKSMAN: 19 THE COURT: 20 22 Yes, Your Honor. All right. Mr. Johansson, Western Distribution, LLC, is a defendant in Case No. 21-170. Are you authorized to appear on behalf of Western Distribution, LLC? 23 THE DEFENDANT: 24 THE COURT: 25 Sentencing Now, do we want to move on to the entry 17 21 03:08PM Go ahead. 10 16 03:07PM THE COURT: May I do that now? Yes. And I'm going to ask you questions in connection with your -- with the corporation's guilty plea. UNITED STATES DISTRICT COURT Do Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:571 Page 54 of 75 Page ID 54 03:08PM 03:08PM 03:08PM 03:09PM 1 you understand that you are going to be answering questions on 2 behalf of Western Distribution? 3 THE DEFENDANT: 4 THE COURT: 5 What is your position with Western Distribution? 6 THE DEFENDANT: 7 THE COURT: 8 THE DEFENDANT: 9 THE COURT: 10 I understand that, before today, you were given a 11 statement of rights that are your rights in connection -- or 12 the company's right -- if I say "you," I mean the company -- in 13 connection with this case. 14 THE DEFENDANT: 15 THE COURT: Manager. Do you have an ownership position? No. You're the manager? Did you read and sign that? I think so. All right. Do you have a copy of it? 16 You could hand it to -- do you have a copy of it there? 17 have a copy here. We 18 MR. WERKSMAN: 19 This is the form that we reviewed and he signed, 20 21 22 03:09PM Yes. I'll bring that to Mr. Johansson. Your Honor. THE COURT: All right. It is being showed to you now, Mr. Johansson. 23 THE DEFENDANT: 24 THE COURT: 25 read and signed that? Yes. All right. Do you recall now that you UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:572 Page 55 of 75 Page ID 55 1 THE DEFENDANT: 2 THE COURT: 3 03:09PM 03:09PM 03:09PM 03:10PM 03:10PM Yes, Your Honor. And discussed -- did you discuss it with your lawyer? 4 THE DEFENDANT: 5 THE COURT: Yes. Have you -- have you, that is, the 6 corporation, received a copy of the Indictment in Case 7 No. 21-170? 8 THE DEFENDANT: 9 THE COURT: 10 Yes. Do you wish to have the Indictment read out loud to you at this time? 11 THE DEFENDANT: 12 THE COURT: No. Do you understand what you're charged 13 with, "you" meaning Western Distribution, what the 14 corporation -- or the company is charged with? 15 THE DEFENDANT: 16 THE COURT: Yes. And how do you intend to plead to 17 Counts 1 and 3, charging in that Indictment -- charging -- on 18 behalf of Western Distribution, charging the company with 19 conspiracy to commit bank fraud, in violation of Title 18, 20 United States Code, Section 371, guilty or not guilty? 21 THE DEFENDANT: 22 THE COURT: Guilty. And how does the corporation intend to 23 plead to Count 3, charging it with bank fraud, in violation of 24 Title 18, United States Code, Section 1344(2), guilty or not 25 guilty? UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:573 Page 56 of 75 Page ID 56 03:11PM 1 THE DEFENDANT: 2 THE COURT: 3 sure I did ask you this already. 4 for the company authorized you to enter this guilty plea? 5 6 03:11PM 03:11PM THE DEFENDANT: Has the Board of Directors Um, I don't know, actually, but I'm a director so -THE COURT: 8 that with your client? 9 assurance that he is authorized -- 10 THE DEFENDANT: 11 THE COURT: 12 So, Mr. Werksman, he -- as you know, he has to be Do you want to take a moment and discuss Because I believe I need to have an I -- Excuse me. I'm sorry. 13 authorized to speak on their behalf. 14 of Directors, they must have authorized him to enter a plea of 15 guilty. And if there is a Board 16 (Off-the-record discussion between 17 the defendant and his counsel.) 18 MR. JOHNS: 20 21 If I may, Your Honor, there is also the small matter of the arraignment or the initial appearance. THE COURT: I think I just did the arraignment, the first few questions I asked. 22 MR. JOHNS: Very well. 23 THE COURT: That's my arraignment script or an 24 03:11PM And I may have asked you this -- I'm not 7 19 03:11PM Guilty. 25 arraignment script. MR. JOHNS: Okay. Thank you. UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:574 Page 57 of 75 Page ID 57 03:12PM 1 THE COURT: 2 THE DEFENDANT: I believe I'm authorized. 3 MR. WERKSMAN: Mr. Johansson represents to me that 4 there is not a Board of Directors but that he believes that he 5 is the -- he's the sole director and can agree to this without 6 a meeting because he's the only one who has that authority. 7 THE COURT: 8 MR. WERKSMAN: 9 03:12PM 03:12PM 03:13PM 03:13PM You're welcome. All right. In other words, he is meeting right now and allowing himself to do this, from what I understand. 10 THE COURT: All right. If he is the sole director, 11 he is representing he's authorized on behalf of the 12 corporation, the company. 13 THE DEFENDANT: 14 THE COURT: Yes. All right. You were previously sworn in 15 as a witness. So you're still under oath, and your questions 16 are made under penalty of perjury -- or your answers are made 17 under penalty of perjury. 18 THE DEFENDANT: 19 THE COURT: Do you understand that? Yes. All right. And you have given up -- or 20 voluntarily given up your right to have the charge -- the 21 charges in the Indictment read out loud to you now. 22 right? 23 THE DEFENDANT: 24 THE COURT: 25 Is that Yes. The corporation has the following constitutional rights that it would be giving up if it pleads UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:575 Page 58 of 75 Page ID 58 1 guilty: 2 3 The right to be represented by -- in fact, not just the right but the obligation to be represented by a lawyer; 4 03:13PM 5 The right to plead not guilty and to continue pleading not guilty; 6 To have a speedy and public trial before a jury at 7 which the Government would have the burden of proving guilt 8 beyond a reasonable doubt; 9 03:14PM 03:14PM 10 evidence presented at trial against it and to confront and 11 cross-examine any witness the Government calls to testify at 12 trial; 13 The right to put on a defense, call witnesses to 14 testify on its behalf, to use the Court's subpoena power to 15 compel witnesses to come to court; 16 03:14PM You have the -- the company, again, has the 17 privilege against self-incrimination, so it can't be forced to 18 testify against its self-interest at trial but has the right to 19 testify if it voluntarily decides to do so; 20 21 22 23 03:14PM The right to confront -- to see and hear the And the right, if convicted after a trial, to appeal the conviction and the sentence to a higher court. Has your attorney advised the corporation of all of these rights? 24 THE DEFENDANT: 25 THE COURT: Yes. And do you understand all of these UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:576 Page 59 of 75 Page ID 59 1 03:15PM 2 THE DEFENDANT: 3 THE COURT: 03:15PM 03:16PM Do you understand that if I accept your -- the company's guilty plea, it will have given up its 5 right to a trial and all the other rights that I just 6 described? 7 THE DEFENDANT: 8 THE COURT: that I described -- THE DEFENDANT: 11 THE COURT: Yes. -- a moment ago on behalf of the company? 13 THE DEFENDANT: 14 THE COURT: 15 Yes. And do you want to give up those rights 10 12 03:15PM Yes. 4 9 03:15PM rights? Yes. And have you and your lawyers discussed everything about the company's involvement in this case? 16 THE DEFENDANT: 17 THE COURT: Yes. Has your -- have your lawyers advised 18 you about the nature of the charges against the company and 19 possible defenses that could apply? 20 THE DEFENDANT: 21 THE COURT: Yes. I'm going to ask the attorneys for the 22 Government to state on the record the maximum penalties as to 23 the company. 24 Mr. Johns. 25 MR. JOHNS: Yes, Your Honor. UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:577 Page 60 of 75 Page ID 60 1 03:16PM 03:16PM 03:17PM 03:17PM 03:17PM The statutory maximum sentence that the Court can 2 impose for a violation of Title 18, United States Code, 3 Section 1349, as charged in Count 1 of the relevant Indictment 4 is: 5 resulting from the offense, whichever is greatest, a five-year 6 period of probation, and a mandatory special assessment of 7 $400. A fine of $1 million or twice the gross gain or gross loss 8 With respect to Count 3 of the relevant Indictment, 9 the statutory maximum sentence that the Court can impose for a 10 violation of 18, United States Code, Section 1344(2), is a fine 11 of $1 million or twice the gross gain or gross loss resulting 12 from the offense, whichever is greatest, a five-year period of 13 probation, and a mandatory special assessment of $400. 14 Therefore, Your Honor, the total maximum sentence 15 for both of the offenses to which the defendant has agreed to 16 plead guilty is as follows: 17 gross gain or gross loss resulting from the offenses, whichever 18 is greatest, a five-year period of probation, and a mandatory 19 special assessment of $800. 20 THE COURT: A fine of $2 million or twice the Those are the penalties, the maximum 21 penalties that the company is facing. 22 THE DEFENDANT: 23 THE COURT: Do you understand that? Yes. And, again, as I told you in connection 24 with your individual guilty plea, after today, a presentence 25 report as to the company will be prepared. And you on behalf UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:578 Page 61 of 75 Page ID 61 1 of the company have the right to see that report, discuss it 2 with your lawyer. 3 03:18PM The guide -- well, there are no guidelines for when 4 it's a -- when it's a corporation who's pleading guilty. 5 that correct? 6 03:18PM MR. JOHNS: the United States Sentencing Guidelines, Your Honor, there are, 8 in fact, Sentencing Guidelines that apply to the calculation of 9 the culpability score, which then assists the Court in 10 determining the amount of the fine. THE COURT: The amount of the fine. 13 MR. JOHNS: Yes. 14 THE COURT: All right. 12 03:18PM 03:19PM There actually are -- under Chapter 8 of 7 11 03:18PM Is I'm sorry. Thank you. So there will be a 15 presentence report dealing mainly with the amount of the fine 16 in connection with the company's actions in connection with 17 this case. 18 it with your lawyers before you're sentenced. You have the right to see that report and discuss 19 Has anyone made any threats against the company or 20 anyone else in order to get you to enter a plea of guilty on 21 behalf of Western? 22 THE DEFENDANT: 23 THE COURT: No. Other than the plea agreement, other 24 than what's happened in court this afternoon, and other than a 25 discussion with your lawyer about the Sentencing Guidelines, UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:579 Page 62 of 75 Page ID 62 03:19PM 03:19PM 03:19PM 1 has anyone -- apart from those things, has anyone promised you 2 what sentence the company would receive? 3 THE DEFENDANT: 4 THE COURT: 03:20PM Do you feel that you understand 5 everything that's happened and been discussed today on behalf 6 of the company? 7 THE DEFENDANT: 8 THE COURT: 9 the company of the guilty plea? Yes. And you understand the consequences to 10 THE DEFENDANT: 11 THE COURT: Yes. And do you feel on behalf of the company 12 that you're competent and able to make the decision to plead 13 guilty? 14 THE DEFENDANT: 15 THE COURT: 16 03:19PM No. Yes. And, again, on behalf of the company, is your decision to plead guilty entirely voluntary on your part? 17 THE DEFENDANT: 18 THE COURT: Yes. Again, you have the right to have the 19 charges against Western read out loud to you at this time. 20 you wish to have the charges in the Indictment read to you? 21 THE DEFENDANT: 22 THE COURT: Do No. All right. As to Count 1, charging you 23 with a conspiracy to commit -- charging you on behalf of the 24 company with conspiracy to commit bank fraud, in violation of 25 Title 18, United States Code, Sections 371 and 1349, how do you UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:580 Page 63 of 75 Page ID 63 1 03:20PM 2 THE DEFENDANT: 3 THE COURT: 5 Section 1344(2), how do you plead on behalf of the company, 6 guilty or not guilty? 7 THE DEFENDANT: 8 THE COURT: 03:21PM Guilty. And are you pleading guilty on behalf of the company because it did what it's charged in Counts 1 and 3? 10 THE DEFENDANT: 11 THE COURT: Yes. All right. Mr. -- is it Mr. Johns? Will you read the elements of the charges, please? 13 MR. JOHNS: 14 Your Honor, with respect to the crime charged in Absolutely, Your Honor. 15 Count 1, that is, conspiracy to commit bank fraud, in violation 16 of Title 18, United States Code, Section 1349, the following 17 must be proven: 18 03:21PM And as to Count 3, charging Western with bank fraud, in violation of Title 18, United States Code, 12 03:20PM Guilty. 4 9 03:20PM plead, guilty or not guilty? First, there was an agreement between two or more 19 persons to commit bank fraud as charged in the Indictment; 20 Second, that one or more employees of defendant 21 became a member of the conspiracy, knowing of at least one of 22 its objects and intending to help accomplish it; 23 Third, that defendant's employees that participated 24 in the conspiracy were at that time operating within the scope 25 of their employment with the defendant and motivated, at least UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:581 Page 64 of 75 Page ID 64 03:21PM 1 in part, by an attempt to benefit defendant's business 2 operations; and. 3 Finally, fourth, one of the members of the 4 conspiracy performed at least one overt act for the purpose of 5 carrying out the conspiracy. 6 03:21PM 03:22PM Your Honor, with respect to Count 3 of the 7 Indictment, that is bank fraud, charged in violation of 18, 8 United States Code, Section 1344(2), the elements are as 9 follows: 10 First, one or more of defendant's employees 11 knowingly carried out a scheme or plan to obtain money or 12 property from a bank by making false statements or promises; 13 2. 14 or promises were false; 15 3. is, they had a natural tendency to influence or were capable of 17 influencing a financial institution to part with money or 18 property; 20 21 03:22PM The statements or promises were material, that 16 19 03:22PM Defendant's employees knew that the statements 4. Defendant's employees acted with the intent to 5. The employees was or were operating within the defraud; 22 scope of his or their employment with the defendant corporation 23 and motivated, at least in part, by an attempt to benefit 24 defendant's business operations at the time the scheme or plan 25 was carried out; and UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:582 Page 65 of 75 Page ID 65 1 2 Finally, sixth, Your Honor, the bank was federally insured. 3 4 03:23PM THE COURT: 03:23PM 03:23PM 03:23PM Mr. Johansson, on behalf of Western, do you understand what those elements are? 5 THE DEFENDANT: 6 THE COURT: Yes. Again, just as we did with your 7 individual plea, I'm going to ask the attorney for the 8 Government -- well, I'm going to do the same thing. 9 03:23PM All right. Actually, there's a lengthy statement of facts 10 that's attached to the plea agreement as to -- in Case 11 No. 21-170 as to Western. 12 facts? Have you read that statement of 13 THE DEFENDANT: Yes. 14 THE COURT: 15 THE DEFENDANT: 16 THE COURT: 17 facts read out loud again now? And discussed it with your attorney? Yes. Do you wish to have that statement of 18 THE DEFENDANT: 19 THE COURT: No. Do you agree that, if the Government -- 20 if your case went to trial, the Government could prove those 21 facts in the statement of facts attached to the plea agreement 22 beyond a reasonable doubt? 23 THE DEFENDANT: 24 THE COURT: 25 Mr. Werksman, do you join in agreeing that the Yes. Thank you. UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:583 Page 66 of 75 Page ID 66 03:24PM 03:24PM 1 Government has the evidence in this case to prove the facts in 2 Exhibit 1 to the plea agreement for Western Distribution beyond 3 a reasonable doubt? 4 MR. WERKSMAN: 5 THE COURT: 6 Mr. Johansson, I've already asked you in detail in connection with your guilty plea as an individual about the 8 treatment you're receiving from your doctors. 9 anything different that I should know in connection with your 10 guilty plea on behalf of Western? THE DEFENDANT: Just I'm not the -- after the three months of solitary confinement, I'm just -- just 13 shattered. THE COURT: All right. And as we discussed earlier, 15 I'm going to direct that you be evaluated for treatment for 16 your mental health conditions of depression, anxiety, whatever. 17 But are you able to think clearly and understand all 18 of my questions? 19 THE DEFENDANT: Yes. It's just that, um, the 20 solitary confinement is -- is really, really bad. 21 21 days at one place where there was no light bulb inside the 22 cell. 23 03:25PM No. Is there 12 14 03:25PM Thank you. 7 11 03:24PM Yes, Your Honor. It was dark the whole time. THE COURT: I had It's just not right. Well, I understand, I believe what 24 you're telling me. My question is: As a result of what you've 25 told me that you suffered, do you -- do you feel that you're UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:584 Page 67 of 75 Page ID 67 03:25PM 03:26PM 03:26PM 03:26PM 1 able to understand my questions, understand the consequences of 2 your guilty plea, and understand everything that's happening 3 here? 4 THE DEFENDANT: 5 THE COURT: All right. And, again, on behalf of the 6 company, you understand that, if I accept your -- the company's 7 guilty pleas, there won't be a trial, the only thing left would 8 be sentencing? 9 THE DEFENDANT: 10 THE COURT: Yes. Do you know of any reason why the 11 Court -- why I should not accept Western's guilty plea to 12 Counts 1 and 3 today? 13 THE DEFENDANT: 14 THE COURT: No. And, again, the same questions I asked 15 you earlier, Mr. Werksman, is your client competent and able to 16 cooperate with you? 17 MR. WERKSMAN: 18 THE COURT: Yes. You've discussed the facts of the case 19 in detail with him and you're satisfied there are no 20 meritorious defenses to be raised? 21 MR. WERKSMAN: 22 THE COURT: 23 03:26PM Yes. Yes, Your Honor, that's correct. You're satisfied that his constitutional rights have been observed? 24 MR. WERKSMAN: 25 THE COURT: Absolutely. You have -- have you advised your client UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:585 Page 68 of 75 Page ID 68 03:26PM 03:27PM 03:27PM 03:27PM 03:27PM 1 about the legality and admissibility of any statement, 2 confession, or other evidence obtained from the company? 3 MR. WERKSMAN: 4 THE COURT: Yes. Is your client pleading guilty because 5 of any illegally obtained evidence in the Government's 6 possession? 7 MR. WERKSMAN: 8 THE COURT: No. And are you of the opinion that 9 Mr. Johansson on behalf of the company understands the nature 10 of the proceedings and the consequences of the company's guilty 11 pleas? 12 MR. WERKSMAN: 13 THE COURT: Yes. Has he -- other than -- has he told you 14 anything about medication, drugs, or other factors that might 15 affect his actions or judgment today? 16 MR. WERKSMAN: 17 THE COURT: No. Other than the proceedings in open 18 court, the contents of the plea agreement, and a general 19 discussion of the Sentencing Guidelines and the 3553(a) 20 factors, have you conveyed any promise of a particular sentence 21 to the corporation? 22 MR. WERKSMAN: 23 THE COURT: No. And based on your analysis of the law, 24 your own investigation of the facts, and after consulting with 25 your client, do you believe it's in its best interest to plead UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:586 Page 69 of 75 Page ID 69 03:27PM 1 guilty to these charges? 2 MR. WERKSMAN: 3 THE COURT: 4 Mr. Johansson, on behalf of the company, do you feel 5 that you've had enough time to discuss the case in general and 6 the decision to plead guilty with your lawyer? 03:28PM THE DEFENDANT: 8 THE COURT: 03:28PM Yes. You want to turn the microphone back around to him? 10 Are you satisfied that your lawyer has fully 11 considered any defenses the company might have to these 12 charges? 13 THE DEFENDANT: 14 THE COURT: Yes. Are you satisfied with the 15 representation your lawyers have given you and the advice that 16 they have given you? 17 THE DEFENDANT: 18 THE COURT: 19 03:28PM Thank you. 7 9 03:28PM Yes. 20 going to make findings. MR. JOHNS: Yes. All right. The Court -- again, I'm And if you -- Mr. Johns? I may be getting ahead of the Court. 21 Would you like me to cover the waiver of appeal of conviction 22 and the mutual waiver of appeal of sentence? 23 THE COURT: I'm sorry. Did I not go through that? 24 MR. JOHNS: I do not believe you did. 25 THE COURT: Okay. Thank you. UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:587 Page 70 of 75 Page ID 70 1 You're right, I did not. 2 So turning to the plea agreement for Western 3 03:28PM 03:29PM 03:29PM 03:29PM 03:30PM Distribution, LLC, page -- starting at page 10, paragraph 18. 4 MR. JOHNS: 9 in paragraph 17, Your Honor. 5 THE COURT: Oh, that's right. 6 All right. On behalf -- the plea agreement that you Paragraph 17, page 9. 7 signed, Mr. Johansson, says that on behalf of the company you 8 have agreed to give up the company's right to appeal its 9 conviction on these two counts and the only exception to that 10 would be an appeal based on a claim that your guilty plea was 11 involuntary. 12 Do you understand? 13 THE DEFENDANT: 14 THE COURT: 15 THE DEFENDANT: 16 THE COURT: Yes. And do you agree to that? Yes. Then in the following paragraph, 17 paragraph 18, page 10, on behalf of the company you've agreed 18 that, so long as the sentence is within the statutory maximum 19 that we described, which involves probation and the fine that 20 the attorneys for the Government put on the record a moment 21 ago, as long as the sentence you receive is within that 22 statutory maximum, you're giving up your right to appeal the 23 way I calculated the sentence, any fine that's imposed on the 24 company, provided it's within the maximum the law provides; to 25 the extent allowed by the law, you're giving up your right to UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:588 Page 71 of 75 Page ID 71 03:30PM 1 appeal based on the constitutionality or legality of your 2 sentence, and any term of probation, again, provided that it is 3 within the statutory maximum, and the conditions of any 4 probation that are set forth in the Court's Second Amended 5 General Order 20-04. 6 7 03:30PM 03:31PM 03:31PM 03:31PM So those are the rights the company is giving up in terms of its appeal rights. Do you understand that? 8 THE DEFENDANT: Yes. 9 THE COURT: 10 THE DEFENDANT: 11 THE COURT: Thank you, Mr. Johns. 12 All right. The Court has questioned the defendant And you agree to that? Yes. 13 and his counsel on the offer of Defendant Western Distribution, 14 LLC's plea of guilty to Counts 1 and 3 of the Indictment, both 15 felonies; the defendant and counsel have told the Court that 16 they have thoroughly discussed all aspects of the charges and 17 any defenses that might apply; the Court having observed the 18 defendant while he answered the questions on behalf of the 19 corporations and having observed his demeanor, manner, and 20 intelligence while doing so, having inquired of the defendant 21 his understanding of the Court's questions and his ability to 22 proceed today; the Court having observed that the defendant 23 doesn't appear to be under the influence of any medicine, drug, 24 or other substance or factor that might affect his actions on 25 behalf of the corporation or the company in any manner. UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:589 Page 72 of 75 Page ID 72 1 03:32PM Therefore, the Court finds that the defendant's 2 offer of its plea of guilty to Counts 1 and 3 in the Indictment 3 have a factual basis, are free of any coercive influence of any 4 kind, are voluntarily made with full knowledge of the charges 5 against it and the consequences of the guilty pleas; that no 6 promises of any kind have been made to it by anyone, no 7 coercion or threats of any kind have been exerted upon it in 8 any manner. 9 03:32PM And it is ordered that the plea of guilty to 10 Counts 1 and 3 of the Indictment on behalf of Western 11 Distribution, LLC, are accepted and entered into the Court's 12 record. 13 14 03:32PM 03:32PM 03:32PM And the same date for sentencing, which is May 9th, 2022, at 9:00 a.m. 15 All right. Anything further? 16 MR. WERKSMAN: Two small housekeeping matters. One, 17 Your Honor, is I received a notification yesterday that one of 18 the U.S. magistrate judges set an arraignment for Western on 19 October 27th. 20 vacated. I would simply ask that any other dates be 21 THE COURT: 22 MR. WERKSMAN: 23 detail with regard to the first case. 24 exonerated. 25 THE COURT: Yes. And finally, there's one other major His bond needs to be Oh, it hasn't been? It should have been UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:590 Page 73 of 75 Page ID 73 1 exonerated when he was taken into custody. 2 3 03:33PM THE COURT: 5 MR. WERKSMAN: 6 With the Court's permission, if we're concluded with 03:34PM That will be so ordered. Thank you, Your Honor. this part of it -- 8 THE COURT: 9 MR. WERKSMAN: 10 appointment. 11 corporate pleas. Yes. -- I'm going to go to a doctor's Ms. Sosa will remain to oversee the pleas on the THE COURT: And I believe counsel for the 13 corporations are present. 14 MR. WERKSMAN: 15 May I be excused? 16 THE COURT: 17 MR. WERKSMAN: 18 THE COURT: So we need to take a recess, I 20 MR. JOHNS: That's correct. 21 THE COURT: And I don't have copies of those plea 19 03:33PM Could the Court just make sure there's an order? 12 03:33PM But it wasn't, Your Honor. 4 7 03:33PM MR. WERKSMAN: They're all here. Yes, you are. Thank you. understand. 22 agreements. So you will provide those to me because I'll need 23 to review them. 24 All right. We'll resume when you're all ready. 25 THE COURTROOM DEPUTY: All rise. This court is in UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:591 Page 74 of 75 Page ID 74 1 2 recess. (Proceedings concluded at 3:34 p.m.) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UNITED STATES DISTRICT COURT Case 5:21-cr-00170-JGB Document 80 Filed 09/21/22 #:592 Page 75 of 75 Page ID 75 1 CERTIFICATE OF OFFICIAL REPORTER 2 3 COUNTY OF LOS ANGELES 4 STATE OF CALIFORNIA ) ) ) 5 6 I, MYRA L. PONCE, FEDERAL OFFICIAL REALTIME COURT 7 REPORTER, IN AND FOR THE UNITED STATES DISTRICT COURT FOR THE 8 CENTRAL DISTRICT OF CALIFORNIA, DO HEREBY CERTIFY THAT PURSUANT 9 TO SECTION 753, TITLE 28, UNITED STATES CODE THAT THE FOREGOING 10 IS A TRUE AND CORRECT TRANSCRIPT OF THE STENOGRAPHICALLY 11 REPORTED PROCEEDINGS HELD IN THE ABOVE-ENTITLED MATTER AND THAT 12 THE TRANSCRIPT PAGE FORMAT IS IN CONFORMANCE WITH THE 13 REGULATIONS OF THE JUDICIAL CONFERENCE OF THE UNITED STATES. 14 15 16 17 DATED THIS 12TH DAY OF SEPTEMBER, 2022. 18 19 20 /S/ MYRA L. PONCE 21 MYRA L. PONCE, CSR NO. 11544, CRR, RDR FEDERAL OFFICIAL COURT REPORTER 22 23 24 25 UNITED STATES DISTRICT COURT
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