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Transcript of Detention Hearing — United States v. Daniela Rendon
No. 1:23-cr-20036-KMM · Doc. 31 · Docket on CourtListener
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Case 1:23-cr-20036-KMM Document 31 Entered on FLSD Docket 03/09/2023 Page 1 of 45
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Before The Honorable Alicia M. Otazo-Reyes, Magistrate Judge
UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
VS. ) NO. 23-CR-20036-KMM
)
DANIELA RENDON, )
)
Defendant. )
_______________________________)
Miami, Florida
Friday, February 3, 2023
TRANSCRIPT OF OFFICIAL ELECTRONIC SOUND RECORDING
OF PROCEEDINGS
Digital Audio Recording 2:22 p.m. - 2:32 p.m. and
2:55 p.m. - 3:46 p.m. = 61 minutes
APPEARANCES:
For Plaintiff:
JUAN ANTONIO GONZALEZ
UNITED STATES ATTORNEY
99 Northeast Fourth Street
Miami, Florida 33132
BY: JONATHAN BAILYN, ESQ.
ASSISTANT UNITED STATES ATTORNEY
For Defendant:
RABIN & LOPEZ, P.A.
1 Southeast Third Avenue, Suite 2600
Miami, Florida 33131
BY: SAMUEL JOSEPH RABIN, JR., ESQ.
ATTORNEY AT LAW
Transcribed By: James C. Pence-Aviles, RMR, CRR, CSR No. 13059
Official Court Reporter
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1 I N D E X
2 Friday, February 3, 2023 - Volume 1
3 GOVERNMENT'S WITNESSES PAGE VOL.
4 HERNANDEZ, JOSE
(SWORN) 24 1
5 Cross-Examination by Mr. Rabin 25 1
6
7 E X H I B I T S
8 GOVERNMENT'S EXHIBITS IDEN EVID VOL.
9 1 22 1
10 4 20 1
11 5 20 1
12 7 15 1
13 8 19 1
14 9 20 1
15 10 21 1
16 11 21 1
17 14 19 1
18 15 15 1
19 16 15 1
20 18 22 1
21 19 21 1
22 20 12 1
23 21 23 1
24
25
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1 Friday - February 3, 2023 2:22 p.m.
2 P R O C E E D I N G S
3 ---000---
4 THE CLERK: All rise.
5 The United States District Court for the Southern District
6 of Florida is now in session, the Honorable Alicia M.
7 Otazo-Reyes presiding.
8 THE COURT: Good afternoon, everyone.
9 Please be seated.
10 MR. BAILYN: Good afternoon.
11 THE COURT: I'm going to start with the Brady
12 admonition.
13 As required by Rule 5(f) of the Rules of Criminal
14 Procedure, the United States is ordered to disclose to the
15 defendants all exculpatory evidence -- that is, evidence that
16 favors the defendant or casts doubt on the United States's
17 case -- as required by Brady v. Maryland and its progeny.
18 The Government has a duty to disclose any evidence that
19 goes to negating the defendant's guilt, the credibility of a
20 witness, or that would reduce a potential sentence. The
21 defendant is entitled to this information without a request.
22 Not doing so in a timely manner may result in
23 consequences, including, but not limited to, exclusion of
24 evidence, adverse jury instructions, dismissal of charges,
25 contempt proceedings, disciplinary action, or sanctions by the
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1 Court.
2 I will inquire of the prosecutors present this afternoon.
3 Do you confirm that you fully understand the obligations of the
4 United States to disclose all exculpatory evidence to the
5 defendants and the possible consequences of failing to do so in
6 a timely manner?
7 MR. BAILYN: Yes, Your Honor.
8 (Discussion regarding other cases.)
9 THE COURT: All right. The defendants who are present
10 in court this afternoon are here for their initial appearances
11 in connection with the charges brought against them.
12 As your name is called, please raise your hand, to the
13 extent you're able, to signify that you are present in court
14 and are able to hear me or the interpreter.
15 (Discussion regarding other cases.)
16 THE CLERK: Daniela Rendon?
17 Okay. That's everyone, Judge.
18 THE COURT: All right. There are certain rights that
19 all defendants have, and I am going to explain those rights to
20 you at this time. Please listen carefully to my explanations.
21 If you have any questions regarding your rights, you may
22 address those questions to me when your case is called.
23 You have the right to hire a lawyer or to have a lawyer
24 appointed for you by the Court without cost to you if you
25 cannot afford a lawyer.
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1 You have the right to have your lawyer present during any
2 questioning by authorities and at all court proceedings,
3 including this one. You have the right to talk with your
4 lawyer before answering questions or while you're answering
5 questions.
6 If you cannot afford an attorney, and you want the Court
7 to appoint one for you, you will be placed under oath and asked
8 questions about your financial condition to determine if you
9 qualify for the appointment of counsel to be paid for by the
10 Court.
11 If you do qualify, the Court will appoint the Public --
12 the Federal Public Defender unless there is a conflict due to
13 the representation by that office of another person, in which
14 case a private attorney will be appointed for you.
15 You're not required to make any statements, and any
16 statement you choose to make may be used against you. If you
17 start to make a statement and then change your mind, you may
18 stop at any time and say nothing further.
19 You're entitled to a bond hearing or a detention hearing
20 if the Government is requesting that you be held without bond.
21 At that hearing, the Court will determine under what, if any,
22 conditions you can be released from custody while your case is
23 pending.
24 If you are released on bond and you fail to appear in
25 court as required, you may be charged with a separate crime of
Case 1:23-cr-20036-KMM Document 31 Entered on FLSD Docket 03/09/2023 Page 6 of 456
1 failure to appear and sentenced for that crime, whether or not
2 you're guilty of the underlying crime with which you are
3 charged today.
4 In addition, if you violate any condition of your release,
5 your bond may be revoked, and you may be prosecuted for the
6 separate crime of contempt of court.
7 If you have not been indicted or charged by a grand jury,
8 you're entitled to what is called a preliminary hearing or
9 probable cause hearing. That hearing takes place within 14
10 days of your appearance here in court today if you are held in
11 custody or within 21 days if you are released on bond.
12 At that hearing, the Government will be required to
13 present evidence to show that there is probable cause to
14 believe that a crime has been committed and that you're the
15 person who committed that crime. If, however, the grand jury
16 returns an indictment against you, you're not entitled to such
17 a hearing.
18 A grand jury is a group of between 16 and 23 citizens who
19 are sworn to examine the evidence presented to them and
20 determine whether to return an indictment, based upon their
21 finding of probable cause.
22 Once an indictment has been returned, you will appear in
23 court for an arraignment, which is a proceeding in which you
24 will be advised of the charges now being brought against you.
25 And at that time, you will enter a plea to those charges.
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1 A defendant who is not a United States citizen may request
2 that an attorney for the Government or a federal law
3 enforcement official notify a consular officer from the
4 defendant's country of nationality that the defendant has been
5 arrested. But even without that request, a treaty or other
6 international agreement may require consular notification.
7 As I previously stated, if any one of you did not
8 understand the rights I have explained, you may ask me
9 questions about those rights when your case is called.
10 My clerk will now call each case, and I will speak to each
11 of you individually.
12 (Discussion regarding other cases.)
13 THE CLERK: The United States of America versus
14 Daniela Rendon, Case Number 23-20036-Criminal-Moore.
15 MR. BAILYN: Good afternoon, Your Honor.
16 Jonathan Bailyn on behalf of the United States.
17 THE COURT: All right.
18 MR. RABIN: Good afternoon, Your Honor. Sam Rabin on
19 behalf of Daniela Rendon, who's present with me at the podium.
20 We're prepared to proceed.
21 THE COURT: All right. So this is a specially set
22 detention hearing.
23 The Government may proceed by proffer.
24 MR. BAILYN: Thank you, Your Honor.
25 All right. Your Honor, I have exhibits that I can
Case 1:23-cr-20036-KMM Document 31 Entered on FLSD Docket 03/09/2023 Page 8 of 458
1 introduce at the end, a copy for the Court --
2 THE COURT: All right.
3 MR. BAILYN: -- and defense counsel.
4 May I approach?
5 THE COURT: Yes.
6 (Discussion regarding other cases.)
7 THE COURT: And does she need an interpreter?
8 MR. RABIN: No, Judge.
9 THE COURT: Okay. So the interpreter may also --
10 THE INTERPRETER: Thank you, Your Honor.
11 THE COURT: -- be excused, and thank you for the
12 interpreter services during the week.
13 MR. RABIN: Judge, do you mind if we sit at counsel
14 table?
15 THE COURT: Say again.
16 MR. RABIN: Can we sit at the counsel table?
17 Thank you.
18 THE COURT: Yeah. They're leaving.
19 MR. BAILYN: Your Honor, may I proceed?
20 THE COURT: Yes.
21 MR. BAILYN: Your Honor, the Government is seeking
22 pretrial detention in this case because the defendant poses a
23 risk of nonappearance and flight.
24 For the last two and a half years, the defendant,
25 Daniela Rendon, has been living a lavish lifestyle funded by
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1 COVID relief fraud against the federal government.
2 She's been living in an apartment 55 stories up over
3 Biscayne Bay. She's been driving a 300,000-dollar Bentley.
4 And she's been traveling to the Bahamas, to Spain, to the
5 Dominican Republic, to the United Kingdom, to Mexico, to
6 Portugal, sometimes on a private jet.
7 The defendant didn't commit her fraud alone. She had
8 accomplices. Those accomplices, Your Honor, include the
9 defendant's best friend. They included the defendant's mother.
10 And most importantly, Your Honor, they included the
11 defendant's purported fiance, Eliasib Reyes, who is in court
12 here today, the person who the defense wants to put forth as a
13 guarantor on the defendant's surety bond, a man that, the
14 evidence will show, has lied to the federal government, has
15 lied to his bank, and has lied to his employer.
16 So first, let me tell Your Honor the facts of this case
17 and the overwhelming evidence the Government has against
18 Daniela Rendon. Then I'll explain the facts that show why
19 pretrial detention is the only reasonable option, why this
20 defendant has not only the motive but the means to avoid
21 prosecution in this case.
22 In the spring of 2020, the defendant applied for an
23 Economic Injury Disaster Loan with the Small Business
24 Administration. She did it for two companies,
25 Daniela Rendon PA and Rendon Holdings LLC. The facts will
10
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1 show, Your Honor, that neither of these are real companies.
2 According to the defendant -- and we know this because we
3 have the letters she herself wrote -- Rendon Holdings sells
4 nutritional supplements, but it's just a shell company in
5 Wyoming that's been administratively dissolved. In 2019, the
6 total income for Rendon Holdings was less than $10,000.
7 Daniela Rendon PA alleges it's a real estate company, but
8 it's not. It's just the name she gave herself because her
9 employer at the time, The Estates of Acqualina, paid her as an
10 independent contractor.
11 We know this, Your Honor, because we have her 1099. We
12 know this because we have her bank records. We know this
13 because we have her emails. We know this because we
14 interviewed her accountant. We know this because we
15 interviewed her best friend.
16 We also know it because we have her Cloud drives. We have
17 two dozen subpoena returns in this case and, more outstanding,
18 12 gigabytes of social media data and 25 gigabytes of
19 electronic records.
20 And although her actual income in 2019 was less than a
21 hundred thousand dollars, the defendant told the SBA that
22 Rendon PA made $93 million and that Rendon Holdings also made
23 $93 million. Special Agents asked her. Her explanation? A
24 typo, a typo she made twice on two separate occasions two
25 months apart.
11
Case 1:23-cr-20036-KMM Document 31 Entered on FLSD Docket 03/09/2023 Page 11 of 45
1 Of course, the SBI -- SBA denied those applications
2 because it couldn't verify the information. So that summer,
3 Daniela Rendon hired a man named Andre Lorquet to file COVID
4 relief loans for her. Andre Lorquet, Your Honor, is a security
5 guard and a rap concert promoter, the normal type of person
6 someone would hire to handle their financial affairs.
7 Andre Lorquet is a fraud himself and stole almost
8 $5 million of COVID relief funds from the SBA. How do we know
9 that, Your Honor? Because we indicted him, and he pled guilty
10 to that very fraud before Judge Louis just last week.
11 Rendon PA received almost $200,000 in PPP funds because of
12 that fraudulent application. Now, as Your Honor knows, the PPP
13 program is meant to help employers make payroll, but none of
14 the defendant's companies had payroll.
15 According to the IRS, the defendant never filed any
16 unemployment taxes. According to the Florida Department of
17 Revenue, the defendant never reported having employees or
18 paying wages.
19 And when the defendant's own accountant learned that she
20 had received that much money, she told the defendant in writing
21 that this was fraud. And I have to reread this verbatim,
22 Your Honor, because it's so clear.
23 "You have to call the guy who got you that PPP and ask him
24 how many employees did he say you had. You have to have the
25 same amount. You have to know how many employees he said you
12
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1 have. Find out about the documentation. I hope he did not do
2 something illegal. This is important," in all capitals.
3 Yet after receiving that email from her own accountant,
4 what did the defendant do, Your Honor? She fired her
5 accountant and enrolled in ADP to create a fictitious payroll
6 for ten employees for a company that had none.
7 And who were the beneficiaries, Your Honor? Well, first,
8 Daniela Rendon paid herself but also Rendon Holdings, which was
9 her own company. She also paid Andre Lorquet as a, quote,
10 "employee," the person who had filed a fraudulent PPP loan.
11 But who else was a beneficiary, Your Honor?
12 Eliasib Reyes, who was paid $30,000 in two months by Rendon PA,
13 his fiance -- her fiance, the father to her child, who surely
14 must have wondered, Your Honor, how his unemployed, impecunious
15 partner must have made such a bonanza.
16 That is blatant fraud, Your Honor, not only by
17 Daniela Rendon but also by Eliasib Reyes, and the documentary
18 evidence proves it.
19 So, Your Honor, let's just quickly look at some of it.
20 Before you is a binder, and I would direct your attention to
21 Government Exhibit 20.
22 (Government's Exhibit 20 marked for identification.)
23 MR. BAILYN: What you're looking at are records that
24 came directly from ADP for Rendon PA.
25 Now, I've highlighted some of the people that Rendon PA
13
Case 1:23-cr-20036-KMM Document 31 Entered on FLSD Docket 03/09/2023 Page 13 of 45
1 paid as a, quote, "employee." On the first page is
2 Miami Entertainment LLC. That's Andre Lorquet, the person she
3 paid for a fraudulent loan.
4 MR. RABIN: I'm sorry. What exhibit number is it?
5 MR. BAILYN: Government Exhibit 20.
6 MR. RABIN: Thank you.
7 MR. BAILYN: On the next page is Rendon Holdings, her
8 own shell company. Below that is Daniela Rendon herself. And
9 then below that, Your Honor, is Elias Reyes, the defendant's
10 purported fiance, two months, $30,000. What was he doing?
11 But afterwards, the defendant got even greedier,
12 Your Honor. So she decided that if the fraudulent
13 documentation were successful for Rendon PA, it would also be
14 successful for Rendon Holdings.
15 So the defendant filed another fraudulent application
16 herself, using the same fraudulent documentation that
17 Andre Lorquet had filed. All she did was change the name on
18 the top.
19 She claimed, the defendant, that Rendon Holdings -- a
20 company that didn't pay taxes, that didn't report having
21 employees, that didn't have more than $10,000 in revenue --
22 somehow paid its employees almost a million dollars.
23 We know this, Your Honor, because we have the application,
24 we have the emails, and we have the Internet address history.
25 It's the same Internet address the defendant used for her
14
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1 online banking, the same Internet address that the defendant
2 used for her Instagram account.
3 In fact, we've interviewed the president of the Internet
4 service provider, and he told us that that Internet address
5 goes to an apartment building overlooking Biscayne Bay. Which
6 one? The same one the defendant lived in.
7 The defendant was, of course, denied. She tried again.
8 She was denied. So what did she do? She hired Andre Lorquet
9 yet again, filed another application yet again. She got
10 another almost $200,000, and she paid Andre Lorquet for his
11 fraud yet again.
12 And when the defendant got that almost $200,000 that was
13 meant for struggling businesses, she did what any struggling
14 businesswoman would do, Your Honor. She leased a brand-new,
15 2021, 300,000-dollar Bentley hybrid for $3,000 a month.
16 And, Your Honor, the salesman at Braman Motors, who took
17 that dirty money and turned it into a shiny, clean Bentley, was
18 her fiance, Eliasib Reyes. He's the finance manager at
19 Braman Motors.
20 But that wasn't enough, Your Honor. Just before they
21 leased the car, the defendant and her fiance changed the
22 Articles of Incorporation for Rendon PA to make Eliasib Reyes a
23 vice president so that Rendon PA could take advantage of his
24 employee discount.
25 Your Honor, I'll direct your attention to Government
15
Case 1:23-cr-20036-KMM Document 31 Entered on FLSD Docket 03/09/2023 Page 15 of 45
1 Exhibit 7.
2 (Government's Exhibit 7 marked for identification.)
3 MR. BAILYN: This is an employee lease request given
4 to us directly from Braman Motors. The employee is listed as
5 Daniela Rendon PA; the name, Eliasib Reyes.
6 Your Honor, if you'll go to the third page, there's
7 another thing that's very important. Under the business
8 applicant, we have two people, one of whom is Daniela Rendon,
9 says she's the president; she owns 75 percent. The other is
10 Eliasib Reyes, says he's the vice president of Rendon PA; he
11 owns 25 percent. Remember, he was also paid as an employee.
12 So -- but just above that, it says, "Time Under Current
13 Ownership: Five years." Your Honor, that's a lie signed by
14 Eliasib Reyes, who's in this court today.
15 (Government's Exhibit 15 marked for identification.)
16 MR. BAILYN: If you'll look, Your Honor, at
17 Exhibit 15, these are the Sunbiz Articles of Incorporation as
18 of April 17th, 2021, the month before the defendant leased her
19 car. You'll see that there is one officer and director under
20 "P" for president. That's Daniela Rendon.
21 (Government's Exhibit 16 marked for identification.)
22 MR. BAILYN: But if you'll look at Exhibit 16, just a
23 month later, on May 15th, 2021, just six days before they lease
24 that car, Eliasib Reyes was added as the vice president.
25 Your Honor, that is fraud, and that's the person the defense
16
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1 brought to court to guarantee that the defendant will act
2 lawfully.
3 I said it earlier, Your Honor, but the evidence in this
4 case is overwhelming, and I haven't even discussed the half of
5 it.
6 I haven't discussed the applications that Rendon filed on
7 January 20th, 2021; or February 26th, 2021; or March 10th,
8 2021; or March 19th, 2021. I haven't discussed the alternative
9 email address that she fished out so that she could file a
10 duplicate fraudulent application.
11 I haven't discussed the repeat appeals for reconsideration
12 she sent the SBA in writing, claiming that she had to pay her
13 employees, even though she didn't have any; that she had to
14 close down her office, even though she didn't have one; and
15 that her companies were her sole source of livelihood, even
16 though they barely made a dime.
17 I haven't even discussed the fact that she used COVID
18 relief funds meant for struggling businesses to pay to bedazzle
19 the top of her high-heel shoes in the Miami Design District or
20 pay for laser hair removal on her armpits and her pubic area.
21 I haven't discussed any of that, Your Honor, and yet still the
22 evidence of the defendant's guilt is overwhelming.
23 So that's the weight of the evidence that the Government
24 will bring to bear in its case-in-chief. But, Your Honor,
25 while I'm here, allow me to set forth some other facts that
17
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1 explain why this defendant needs to be held in pretrial
2 detention.
3 First, it is a fact that when the defendant is convicted
4 of these crimes, she will go to prison for a long time, even by
5 a veteran criminal standard. First, she's charged with
6 aggravated identity theft. That automatically carries a
7 two-year term of imprisonment.
8 But the defendant's fraud in this case wasn't a one-time
9 thing. She defrauded major federal disaster relief programs
10 over a two-year period. The intended loss in this case,
11 Your Honor, is $4.8 million. Her offense level is a 26, which
12 yields, with the mandatory minimum, 87 to 102 months in prison.
13 But spending the entirety of her 30's in a correctional
14 facility, Your Honor, isn't the only thing she's facing. The
15 defendant is not a U.S. citizen. She is charged with multiple,
16 multiple aggravated felonies, a conviction for any one of which
17 will cause her to become immediately deportable.
18 So when she's released, probably in 2031, she won't be
19 released home with her children, who at that point will be
20 adults. She'll be released into ICE custody because she'll be
21 a deportable alien.
22 Second, Your Honor, the facts show that the defendant has
23 significant ties to foreign countries. Her mother lives in
24 Spain. Her dad lives in Colombia. Her sister lives in
25 Colombia. These are people she talks to every day, according
18
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1 to the Pretrial Services report. Any one of these immediate
2 family members would provide safe harbor to their family
3 member.
4 And even though the defendant lives in this country
5 physically, the facts hardly show that she has ties here. The
6 defendant has been avoiding her civic duty to pay taxes --
7 she's still behind -- and she's been defrauding the federal
8 government. She has a two-year period of unemployment and only
9 recently got a job.
10 She lives in a house her fiance pays for. She's in credit
11 card debt. She has personal debt. She has a negative balance
12 in her bank account, which is shocking since she made more in
13 one year than most people do in ten. Her reputation will be in
14 tatters.
15 She has no high school diploma, no college education, and
16 she'll have no job. And after Braman Motors learns the extent
17 to which Eliasib Reyes laundered money through their
18 organization, it's likely he won't, either.
19 Let's talk about the house, though, one significant asset
20 I could think that the Government -- that the defense might put
21 up as collateral. First, Your Honor, the facts show that the
22 house isn't hers. But second, Your Honor, it's not really
23 Eliasib Reyes's either. The bank owns it.
24 Your Honor, I'll direct your attention to
25 Government Exhibit 14.
19
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1 (Government's Exhibit 14 marked for identification.)
2 MR. BAILYN: Mr. Reyes bought this house just last
3 year on November 2nd, 2022, for $750,000. You'll see the sales
4 record at the end of Government Exhibit 14. But as the first
5 page of Government Exhibit 14 shows, there's a 685,000-dollar
6 mortgage on that house. That means he put less than 10 percent
7 down.
8 So when the defendant flees and that house is seized,
9 Your Honor, it's not the defendant who will suffer. It's not
10 Eliasib Reyes. It's the bank. I mentioned the mortgage, and I
11 want to talk about that.
12 (Government's Exhibit 8 marked for identification.)
13 MR. BAILYN: Your Honor, Government Exhibit PTD8, or
14 Exhibit 8, is a uniform residential loan application. This is
15 a mortgage application that the defendant's purported
16 guarantor, Eliasib Reyes, submitted to International Finance
17 Bank.
18 This application is fraudulent, Your Honor, and it's
19 signed by him. This application was submitted, according to
20 the signature on the last page, on August 29th, 2022. Let's
21 talk about the misrepresentations.
22 On the second page, the bank asked, in Section 1c, "List
23 complete information for additional employment or
24 self-employment." Now, purportedly, Elias Reyes was an
25 employee of Rendon PA, but he didn't put that in his
20
Case 1:23-cr-20036-KMM Document 31 Entered on FLSD Docket 03/09/2023 Page 20 of 45
1 application.
2 It also says, "Provide at least two years of current and
3 previous employment and income." Again, Elias Reyes was paid
4 by Daniela Rendon, Rendon PA, but he didn't put it in.
5 He didn't put it in, Your Honor, because he wasn't an
6 employee, because he's a fraud, and he's an accomplice in the
7 defendant's scheme. And yet he's here to sign on the dotted
8 line for the defendant, but we'll never know if what is above
9 that dotted line is even possibly true.
10 Third, Your Honor, the defendant travels the world all the
11 time. Your Honor, she makes Gulliver look like a homebody, and
12 she flies private.
13 (Government's Exhibit 4 marked for identification.)
14 MR. BAILYN: Your Honor, I'll direct your attention to
15 Government Exhibit 4. This is a travel visa application,
16 April 2021, for the Bahamas.
17 (Government's Exhibit 5 marked for identification.)
18 MR. BAILYN: Government Exhibit 5, a travel visa
19 application, May 2021, for the Bahamas.
20 But what about flying private?
21 (Government's Exhibit 9 marked for identification.)
22 MR. BAILYN: Government Exhibit 9, Your Honor. That's
23 a picture of the defendant on a private jet in April of last
24 year. But that wasn't just a single excursion, Your Honor.
25 ///
21
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1 (Government's Exhibit 10 marked for identification.)
2 MR. BAILYN: Government Exhibit 10, another picture of
3 the defendant deboarding a private jet on June 26th, 2022.
4 (Government's Exhibit 11 marked for identification.)
5 MR. BAILYN: What about Government Exhibit 11? Yet
6 another picture of the defendant boarding a private jet on
7 July 6th, 2022.
8 But we don't just need these photographs and this
9 evidence, Your Honor, because the Government does its best to
10 keep track of international travel.
11 (Government's Exhibit 19 marked for identification.)
12 MR. BAILYN: So we've pulled for you, Your Honor,
13 at -- Government Exhibit 19 is the defendant's travel history.
14 This comes from the Department of Treasury's TECS system.
15 Now, I've taken the liberty, Your Honor, of highlighting
16 in salmon every single one of the defendant's outbound flights.
17 I would read them, but it would probably take too long. She
18 flew to the Bahamas, to Portugal, to the Dominican Republic,
19 the Dominican Republic, the Dominican Republic, the UK, the
20 Bahamas, and on and on and on.
21 There are two pages here, Your Honor. Every one of those
22 salmon -- oh, I'm sorry. Every one of those salmon-colored
23 lines is an outbound trip.
24 Your Honor, I think that's Exhibit 19 in your binder. If
25 I -- I may have put it in incorrectly, but you seem to be
22
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1 looking at the correct exhibit, and I apologize for that.
2 But, Your Honor, it's not just that the defendant flies on
3 private jets or has a year's long hobby of escaping the
4 United States. Her fiance, Elias Reyes, owns an airplane
5 company.
6 (Government's Exhibit 18 marked for identification.)
7 MR. BAILYN: Government Exhibit 18, Your Honor, is a
8 stock certificate issued from the State of Delaware for
9 Reyes Aviation. The name? Eliasib Reyes.
10 So what is Reyes Aviation, Your Honor? Well, according to
11 the defendant and Mr. Reyes, in their application for COVID
12 relief funds, Reyes Aviation is a company with $360,000 in
13 payroll and ten employees.
14 How will we know that, Your Honor? Because Government
15 Exhibit 1 is that application sent from Daniela Rendon to
16 Eliasib Reyes in her handwriting and signed by him.
17 (Government's Exhibit 1 marked for identification.)
18 MR. BAILYN: So there's only two things that can be
19 true, Your Honor. First, this COVID relief application is a
20 complete fabrication, and the defendant and her fiance
21 complete -- committed COVID relief fraud; or, two, this is
22 real, and the defendant's fiance literally owns an airplane
23 company.
24 Now, when I say "airplane company," I'm being literal
25 here. He's actually a pilot who owns an airplane, or he might
23
Case 1:23-cr-20036-KMM Document 31 Entered on FLSD Docket 03/09/2023 Page 23 of 45
1 be.
2 (Government's Exhibit 21 marked for identification.)
3 MR. BAILYN: Government Exhibit 21, Your Honor, I'll
4 direct your attention to, is an email from Daniela Rendon to
5 her accountant, or one of them, titled "Taxes for Fiance."
6 "He has a" -- "he has a corporation in Delaware," the
7 defendant wrote, "and wants to write off airplane and its
8 expenses, pilot student," in the defendant's own words,
9 Your Honor.
10 The evidence in this case is absolutely overwhelming. The
11 defendant repeatedly committed fraud against multiple companies
12 and the federal government, against Bluevine, against Revenued,
13 against Momentum Business Capital, against A10 Capital, and the
14 SBA. She stole hundreds of thousands of dollars from the
15 Government and spent it on personal vanity.
16 The defendant's fiance, who's here, was complicit the
17 whole time. He may not be named in the indictment, Your Honor,
18 but where it alleges that her family benefited from the fraud,
19 he's the one we are referring to.
20 Probation got the analysis right, Your Honor, but their
21 conclusion is wrong. There's some serious facts that call into
22 question a risk of nonappearance, dual travel documents,
23 foreign travel, foreign citizenship, and a lack of ties.
24 Whatever ties the defendant may put forth that she has here are
25 going to start unraveling very fast.
24
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1 Thank you, Your Honor. I can reserve argument for
2 afterwards.
3 THE COURT: All right. Do you want to question an
4 agent?
5 MR. RABIN: Yes, Judge, some brief questions of the
6 agent, if I could.
7 THE COURT: Okay.
8 MR. BAILYN: Your Honor, we have Special Agent
9 Jose Hernandez with HSI.
10 COURT SECURITY OFFICER: Remain standing to be sworn.
11 THE CLERK: Raise your right hand.
12 Do you solemnly swear to tell the truth, the whole truth,
13 and nothing but the truth, so help you God?
14 THE WITNESS: Yes.
15 THE CLERK: You may be seated.
16 MR. RABIN: Good afternoon, Agent.
17 THE WITNESS: Good afternoon.
18 THE CLERK: Sir, please state your full name for the
19 record and spell your last name.
20 THE WITNESS: Jose Hernandez. My last name is
21 H-e-r-n- -- -n-a-n-d-e-z.
22 JOSE HERNANDEZ,
23 called as a witness for the Government, having been duly sworn,
24 testified as follows:
25 ///
25
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HERNANDEZ - CROSS / RABIN
1 CROSS-EXAMINATION
2 BY MR. RABIN:
3 Q. I just want to go through a few questions with you.
4 First of all, what was the total amount of -- of money
5 that Ms. Rendon received through the various applications?
6 A. The PPP loans alone were two loans, and in total, they
7 were about $370,000.
8 Q. Okay.
9 A. And with the EIDL loan, it was about $10,000.
10 Q. So the total amount that she received was about $380,000;
11 correct?
12 A. Correct.
13 Q. Okay. And of that $380,000, how much have you traced that
14 she spent, either on accomplices or whatever personal expenses
15 they were, just the total amount of -- that you've accounted
16 for?
17 A. I don't have an exact number.
18 Q. Approximate?
19 A. Approximately over a hundred thousand dollars.
20 Q. Okay. Well, it's certainly more than that, isn't it? I
21 mean, how much did she pay the guy that filled out the
22 applications for her?
23 A. In total, $60,000.
24 Q. Okay. So there's 60,000 alone, and then what did she pay
25 for her apartment?
26
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HERNANDEZ - CROSS / RABIN
1 A. Around 4,000 a month.
2 Q. Okay. For how many months?
3 A. I'm not sure.
4 Q. Okay. Would it be fair to say you've accounted for at
5 least half of it? Is that -- would that be fair?
6 A. Yes.
7 Q. Or maybe even three-quarters of it?
8 A. Yes.
9 Q. Okay. All right. So you've -- you've accounted for most
10 of the money that she received, and I understand the prosecutor
11 threw out a number of 4-point-whatever million. But what she
12 actually received is about 380-, and you have accounted for --
13 for most of it; right?
14 A. Correct.
15 Q. Okay. Second thing, the prosecutor talked about the fact
16 that she has extensive travel. At the end of each one of those
17 trips, where did she come back to?
18 A. The United States.
19 Q. Okay. In the last 15 years, where has she resided?
20 A. United States.
21 Q. Is there any place that you have determined through your
22 investigation that she has resided besides the United States
23 since 2007?
24 A. No.
25 Q. Okay. So did you determine her immigration status through
27
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HERNANDEZ - CROSS / RABIN
1 your investigation?
2 A. Yes.
3 Q. Okay. And she's a lawful permanent resident; correct?
4 A. Correct.
5 Q. All right. She's in good standing in the United States as
6 of now; correct?
7 A. Correct.
8 Q. All right. The husband's aircraft company, if you will --
9 have you done any investigation into that?
10 A. As of now, no.
11 Q. Okay. Do you know how many planes the -- the company
12 supposedly has?
13 A. No.
14 Q. Okay. So you know nothing about it?
15 A. No.
16 MR. RABIN: All right. Judge, if I can have a minute.
17 THE COURT: Yeah.
18 BY MR. RABIN:
19 Q. In addition to -- the prosecutor spoke about her having
20 some employment. Did you look at the amount of income that she
21 received through her employment over the last two, three years?
22 A. You mean how she pays her employees or --
23 Q. How much she -- how much she received in employment.
24 A. I don't understand the question.
25 Q. Okay. She was employed, wasn't she?
28
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HERNANDEZ - CROSS / RABIN
1 A. Yes.
2 Q. Where?
3 A. At the real estate firm.
4 Q. I'm sorry?
5 A. The real estate firm, I believe.
6 Q. Okay. How much money did she make at the real estate
7 firm?
8 A. Not sure.
9 Q. Okay. But she had income; correct?
10 A. Correct.
11 MR. RABIN: Okay. That's all I have. Thank you,
12 Judge.
13 THE COURT: All right. Any follow-ups?
14 MR. BAILYN: No, Your Honor. Nothing for the --
15 nothing for the agent.
16 THE COURT: Thank you very much, Agent.
17 THE WITNESS: Thank you.
18 THE COURT: All right. So the Government is
19 proceeding on risk of flight.
20 I thought -- and I may have misheard you, Mr. Bailyn. I
21 thought you said something about she's not a U.S. citizen,
22 she's a frequent traveler, and I thought I heard you say "dual
23 travel documents."
24 Did I mishear you?
25 MR. BAILYN: So, Your Honor, if you'll look at the
29
Case 1:23-cr-20036-KMM Document 31 Entered on FLSD Docket 03/09/2023 Page 29 of 45
1 TECS report, which is that large spreadsheet --
2 THE COURT: What -- what exhibit?
3 MR. BAILYN: This is Government Exhibit 19.
4 THE COURT: Okay. Okay.
5 MR. BAILYN: The document -- there's a document for --
6 a "Document" column, Your Honor, and you can see that there's a
7 USA document and then a COL, Colombia, document. So this --
8 this records the travel document for her.
9 THE COURT: I'm sorry.
10 MR. BAILYN: Oh, that's okay.
11 THE COURT: I'm looking at 19. That's entitled
12 "Daniela Rendon Travel History."
13 MR. BAILYN: Right.
14 So the travel document that's being used is on the third
15 column under "Document," Your Honor, and you'll see there's two
16 different types of entries. One is Colombia. One is USA.
17 THE COURT: Are you saying that she's using a
18 Colombian passport and a U.S. passport? Is that what you mean?
19 MR. BAILYN: Yes. Oh. I didn't -- yes, Your Honor.
20 THE COURT: But it doesn't mean that -- you're not
21 saying that the documents are false, are you?
22 MR. BAILYN: No. That's not -- that's not what I
23 intended to -- to mean, Your Honor.
24 THE COURT: You just mean somebody who has passports
25 for Colombia and the U.S. sometimes travels under a U.S.
30
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1 passport and sometimes travels under a Colombian passport?
2 MR. BAILYN: Yeah, a U.S. travel document, sure. Yes.
3 THE COURT: And -- and this Exhibit 19 captured all of
4 her travel, whether she was traveling on a Colombian passport
5 or a U.S. passport?
6 MR. BAILYN: I can't say that it captures all of it,
7 Your Honor, but it captures any time that the U.S. government
8 would have interacted with her in leaving, or -- or the
9 passenger list would have been reported.
10 THE COURT: Well, every -- any time you go out of the
11 country, you interact --
12 MR. BAILYN: I understand, Your Honor. I would like
13 to believe that this is a full encapsulation --
14 THE COURT: Even -- even if it's with a kiosk when you
15 interact; right?
16 MR. BAILYN: I entirely understand, Your Honor. I --
17 I want to believe that this is a full encapsulation, but, of
18 course, you can never know.
19 THE COURT: Right.
20 MR. RABIN: Judge, I think I can straighten it out
21 with my with my -- with my proffer, if I could.
22 THE COURT: Okay. That's fine. I just wanted to --
23 MR. RABIN: No. I appreciate it.
24 THE COURT: -- clarify what he meant when he said that
25 because, obviously, for -- if the U.S. accepts -- well, she's
31
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1 not even a -- I'm sorry. I take that back. She's only a
2 resident. So it's not that she was traveling with a U.S.
3 passport.
4 MR. RABIN: Correct.
5 MR. BAILYN: Yeah. It's U.S. --
6 THE COURT: She would be traveling with a resident --
7 MR. RABIN: Correct.
8 MR. BAILYN: Yes.
9 THE COURT: -- green card.
10 MR. RABIN: That's exactly right, Judge.
11 THE COURT: All right.
12 MR. RABIN: If I could --
13 THE COURT: All right.
14 MR. RABIN: -- I -- Judge --
15 THE COURT: Okay. That -- okay. Sorry.
16 MR. RABIN: That's fine.
17 THE COURT: I kind of read more into what you said
18 than you did, and that's why I wanted to clarify. Thank you.
19 All right. Go ahead --
20 MR. RABIN: Judge --
21 THE COURT: -- Mr. Rabin.
22 MR. RABIN: Okay. What the prosecutor has done is
23 laid out extensively the facts of this case. But as the Court
24 realizes, this is a detention hearing, where she's presumed
25 innocent. The strength of the Government's case is but one
32
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1 factor.
2 There are very strong facts that support bond in this
3 particular case, starting with the fact that she's resided in
4 this country, and only this country, since 2007. She is a
5 lawful permanent resident and has a lawful permanent resident
6 card, one of her two methods of travel. The other method of
7 travel is her Colombian passport.
8 Both of those documents are in court. Both of those
9 documents, we are prepared to surrender as part of bond in this
10 case. That -- it clips her wings in terms of travel. And,
11 obviously, we would agree that she would, as a part of any bond
12 condition, stay away from any travel hubs, buses, trains, and
13 airports.
14 In addition to being a lawful permanent resident, she has
15 three children that she takes care of. She has an
16 eleven-year-old, who is a child from a prior relationship; she
17 has a five-year-old, who is the product of the relationship
18 with her fiance; and she has a niece, who is her sister's
19 child. And all three of those children live in the residence
20 with her and her fiance and are all enrolled in school here.
21 She, Judge, has no prior arrests before this case. She
22 has no history of drug abuse. She has no history of substance
23 abuse. She has no history of any contacts with law enforcement
24 whatsoever.
25 She was gainfully employed at the time of her arrest. She
33
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1 had just started a new job, and whether or not she keeps that
2 job or not is obviously going to be up in the air because of
3 the publicity in this particular case. But she would have no
4 objection to a condition that Pretrial recommends, which is
5 employment where she doesn't have access to personal identity
6 information.
7 The -- this is a case where she has strong ties to this
8 country. She has relatives in other countries but no ties to
9 those countries. Her mother lives in Spain, but she's never
10 lived in Spain. Her father travels between the United States
11 and -- and Colombia, but she hasn't resided in Colombia since
12 2007.
13 Yes, she's had extensive travel. But what the Government
14 omits from that extensive travel, brought out by the agent, is
15 every one of those trips ends up back in the United States,
16 which is her residence.
17 The pretrial service report recommends a personal surety
18 bond. Judge, I believe that this is clearly a case where --
19 the Government is only talking about flight, and this is
20 clearly a case where the Court can fashion conditions of
21 release that assure her appearance in court.
22 Number 1, we are prepared to surrender her travel
23 documents, the two documents she has traveled on, the passport
24 from Colombia and the -- and the permanent resident card.
25 Number 2, the -- her fiance is prepared to, Number 1,
34
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1 surrender his passport as a condition of her bond, and he would
2 also agree -- he has one plane. He would agree to ground that
3 plane during the time that she's out on bond.
4 I don't believe this is a case where the Court would
5 require, or should require, electronic monitoring, but that
6 obviously is another option that the Court could employ if the
7 Court deemed her to be a danger of flight, even with the other
8 conditions.
9 Again, I start where -- I leave where I left -- where I
10 started, which is the Government's outlined what they believe
11 to be a strong case. But, again, that -- she's presumed
12 innocent at this point. She's not presumed guilty. She's
13 presumed innocent.
14 And strength of the Government's case is but one factor.
15 Your main concern is whether or not she'll appear in court, and
16 you certainly can fashion conditions of release where she will
17 appear in court, Judge.
18 Thank you.
19 THE COURT: All right. Anything else from the
20 Government?
21 MR. BAILYN: Yes, Your Honor.
22 The defendant has minimal ties to this country, and any
23 ties that she does have are going to be quite quickly
24 destroyed. The life she thinks she has here is no more. The
25 reputation that she holds so dear on social media is going to
35
Case 1:23-cr-20036-KMM Document 31 Entered on FLSD Docket 03/09/2023 Page 35 of 45
1 be ripped apart by Internet trolls and, in fact, already is.
2 Standing here, NBC has reported on her. The Real Deal has
3 reported on her. Fox Business has reported on her. The
4 Miami Herald contacted the United States Attorney's Office just
5 before this hearing. The real estate community, which is based
6 on relationships, will have nothing to do with her. She has no
7 high school diploma, no college education. She'll have no job.
8 The defense is asking us to see if she'll sit -- stay and
9 fight a case that she cannot win so that, when she's convicted,
10 she then gets deported. No one voluntarily likes to spend
11 almost ten years in federal prison. She could either leave
12 now, or she can leave then, but she will leave, Your Honor.
13 The defendant's fiance owns what he claims is an
14 unbelievably successful aviation company with ten employees and
15 $360,000 in annual payroll. He owns a plane, Your Honor.
16 We've seen that the defendant flies on private jets.
17 The defendant's fiance, the person that we're here to --
18 to -- excuse me -- to have -- to have sign as a personal
19 guarantor is literally complicit in her fraud. He has
20 defrauded Braman Motors. He has defrauded banks. He has
21 defrauded the federal government.
22 I am not comfortable with him being the person who would
23 sign on that dotted line, nor am I comfortable with him being a
24 personal surety. We've seen, Your Honor, in the Government's
25 exhibits, that the defendant's fiance received stolen money.
36
Case 1:23-cr-20036-KMM Document 31 Entered on FLSD Docket 03/09/2023 Page 36 of 45
1 He needs skin in the game, not the Government's skin,
2 Your Honor.
3 This is a clear pretrial detention case. This is an
4 immediately deportable alien who is facing a significant amount
5 of time in prison.
6 Yes, she hasn't had a criminal history, but I've outlined
7 one just now. For the past two years, the defendant has been
8 committing her fraud. And, yes, today is her first time -- or
9 today is the first time that she's had to interact with law
10 enforcement because of it.
11 Her children are young, Your Honor. They will go where
12 their mother goes. They don't have the same types of roots
13 that somebody older would have. And when she's released from
14 prison, it is not going to be into the loving embrace of her
15 children, Your Honor. It's going to be to Krome.
16 The Government seeks pretrial detention.
17 THE COURT: All right.
18 Anything else?
19 All right. Okay. I usually take into account when
20 somebody has children. I believe that a parent's first
21 obligation is to look out for their children. I believe I can
22 fashion a bond, but I have some concerns about Mr. Rabin's
23 proposal.
24 I hear that there's a father who travels between Miami and
25 Colombia, and apparently there's a sister or some other
37
Case 1:23-cr-20036-KMM Document 31 Entered on FLSD Docket 03/09/2023 Page 37 of 45
1 relative whose child the defendant takes care of.
2 Give me more information on that.
3 MR. RABIN: Yes, Judge.
4 The father does travel between the United States and
5 Colombia. He's actually in court as well today. And her
6 sister resides in Colombia, but the -- her sister's daughter
7 resides with the defendant and her fiance and goes to school
8 here in the United States.
9 THE COURT: And how old is that child?
10 MR. RABIN: She is -- eleven?
11 THE DEFENDANT: Ten.
12 MR. RABIN: She's ten.
13 THE COURT: So there's a ten-year-old?
14 MR. RABIN: Ten-year-old, eleven-year-old, and a
15 five-year-old.
16 THE COURT: And a five-year-old.
17 All right. All right.
18 MR. RABIN: All three enrolled in school.
19 THE COURT: Is the father willing to cosign on the
20 bond?
21 MR. RABIN: Yes, Judge.
22 THE COURT: All right. Does the father have property
23 that he can pledge on a money bond?
24 MR. RABIN: Judge, I believe he had -- I believe he
25 had an apartment that he sold, but let me confirm that.
38
Case 1:23-cr-20036-KMM Document 31 Entered on FLSD Docket 03/09/2023 Page 38 of 45
1 THE COURT: Okay.
2 MR. RABIN: He has no property, Judge.
3 THE COURT: All right. And the defendant has no money
4 to put down on a percentage bond?
5 MR. RABIN: Judge, the defendant does not. Her fiance
6 would be prepared to put up money on a 10 percent bond, and her
7 father would be prepared to put up money on a 10 percent bond.
8 THE COURT: All right. All right. So if I make it --
9 and you tell me. If I make it a 150,000/10 percent bond, is
10 that doable? That would be 15,000.
11 MR. RABIN: Judge, give me one moment.
12 Yes, Judge, that's doable.
13 THE COURT: All right. 150,000/10 percent bond with a
14 Nebbia condition.
15 All right. I will also require that she be subject to
16 home confinement with electronic monitoring. And she will be
17 allowed for work, her current work, or, if she loses it, to
18 obtain new work and report to that work.
19 So seek and/or maintain employment, and the allowances
20 would be for employment, medical needs, court appearances,
21 attorney visits, and religious worship. And it will be home
22 confinement with only those allowances.
23 And report to Pretrial Services as directed, surrender and
24 not obtain any travel documents. I will also need her to
25 surrender her green card.
39
Case 1:23-cr-20036-KMM Document 31 Entered on FLSD Docket 03/09/2023 Page 39 of 45
1 MR. RABIN: Okay. I have both those in court.
2 THE COURT: And do the children have passports?
3 MR. RABIN: Yes, Judge.
4 THE COURT: Children's passports are to be
5 surrendered.
6 MR. RABIN: Yes.
7 PRETRIAL SERVICES OFFICER: Your Honor, I'm sorry to
8 interrupt. Pretrial Services.
9 Is that both of her children or all three children that
10 live in the home?
11 THE COURT: All three children that she has custody
12 of.
13 PRETRIAL SERVICES OFFICER: Okay. Thank you.
14 THE COURT: I'm sorry. I lost my train of thought.
15 PRETRIAL SERVICES OFFICER: Sorry.
16 THE COURT: So the employment would be with no access
17 to personal identification of others. Travel is restricted to
18 the Southern District of Florida, may not visit transportation
19 establishments.
20 I think I read something about a firearm. The firearm has
21 to be removed.
22 MR. RABIN: The firearm has already been removed.
23 THE COURT: Okay. So like I said, the -- there's a
24 Nebbia condition on the -- on the 10 percent bond. Again, I'm
25 sorry. I thought I had something in my mind when I was
40
Case 1:23-cr-20036-KMM Document 31 Entered on FLSD Docket 03/09/2023 Page 40 of 45
1 interrupted.
2 Is the Government seeking any additional conditions?
3 MR. BAILYN: Your Honor, defense counsel raised the
4 condition that the plane owned by --
5 THE COURT: Oh, yes.
6 MR. BAILYN: -- her purported fiance be grounded.
7 THE COURT: Yes.
8 MR. BAILYN: I'm not sure how that's done. I'd like
9 to hear some options.
10 THE COURT: Yes.
11 MR. RABIN: My understanding is that you can surrender
12 the -- his flight certificate temporarily, and that essentially
13 grounds the plane. If I -- let me just confirm that.
14 THE COURT: All right.
15 MR. RABIN: Yes, Judge, that's correct.
16 THE COURT: All right.
17 MR. RABIN: He can surrender the flight certificate or
18 the plane, which is what certifies to the FAA that it's
19 flightworthy. If he surrenders that or -- or puts it in
20 suspense, if you will, the plane cannot legally take off.
21 THE COURT: All right. So Mr. Reyes will do that.
22 MR. RABIN: Okay.
23 MR. BAILYN: Your Honor -- I'm sorry.
24 THE COURT: The only other concern that I had was
25 Mr. Reyes's travel, but I don't necessarily require that he
41
Case 1:23-cr-20036-KMM Document 31 Entered on FLSD Docket 03/09/2023 Page 41 of 45
1 surrender his passport, given that I'm requiring the children's
2 passports to be surrendered.
3 But let me hear from the Government on that.
4 MR. BAILYN: No, Your Honor, we don't have a
5 requirement on that. I was -- I wanted to speak to just the
6 last issue.
7 THE COURT: Yes.
8 MR. BAILYN: We would ask that the certificate -- or
9 the flight certificate be given to Pretrial Services before the
10 defendant is released.
11 MR. RABIN: That's fine. We have no objection.
12 THE COURT: Okay. All right. So we have everything
13 covered?
14 PRETRIAL SERVICES OFFICER: Your Honor,
15 Pretrial Services.
16 THE COURT: Yes.
17 PRETRIAL SERVICES OFFICER: As for the home
18 confinement with electronic monitoring --
19 THE COURT: Yes.
20 PRETRIAL SERVICES OFFICER: -- the technology will be
21 at our discretion?
22 THE COURT: It will be, but she will pay for it since
23 she has retained counsel.
24 PRETRIAL SERVICES OFFICER: Okay. And also, can we
25 add the allowance that any other, you know, items that need to
42
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1 be, you know, addressed by Pretrial Services --
2 THE COURT: Right, to take the kids to school, stuff
3 like that.
4 PRETRIAL SERVICES OFFICER: Any -- okay.
5 THE COURT: Yeah.
6 PRETRIAL SERVICES OFFICER: Thank you, Your Honor.
7 THE COURT: Yeah, other allowances at the discretion
8 of Probation.
9 All right. So those are the conditions, and when do you
10 think you'll have all this paperwork done, with the signatures,
11 of course?
12 Oh. Did I say cosigner?
13 MR. RABIN: Cosign -- the -- the father.
14 THE COURT: The dad?
15 MR. RABIN: Yes.
16 THE COURT: And then what about -- I guess the
17 sister -- if she's in Colombia, that won't do us any good.
18 MR. RABIN: Yeah. She's in Colombia, Judge.
19 THE COURT: So just the dad.
20 MR. RABIN: Okay. Judge, I mean, I can get with
21 the -- the two gentlemen today to get the money together. I
22 probably can get in all the documentation -- I don't think it's
23 going to be able to be done today. I just -- realistically,
24 probably.
25 I'll present it to the prosecutor, I would guess, Monday.
43
Case 1:23-cr-20036-KMM Document 31 Entered on FLSD Docket 03/09/2023 Page 43 of 45
1 I'll get --
2 THE COURT: Okay.
3 MR. RABIN: -- contact information from them and
4 present it to him on Monday.
5 THE COURT: Okay.
6 MR. RABIN: And if we can agree, we'll present a -- an
7 agreed order to you. And if we can't agree, we'll set it down
8 for a hearing.
9 THE COURT: As -- as you know, I have a form for
10 Nebbia that I inherited from Judge Simonton, and --
11 MR. RABIN: I do recall that.
12 THE COURT: -- if both sides -- if both sides sign off
13 on that, I don't need a hearing.
14 MR. RABIN: Great. Great. That's -- yeah, that's
15 what I recall. If it's stipulated --
16 THE COURT: Okay.
17 MR. RABIN: -- then we won't have a hearing.
18 THE COURT: All right. All right. So -- so that's
19 it.
20 Anything else?
21 MR. RABIN: Judge, one moment, please.
22 That's it, then, Judge. Thank you.
23 THE COURT: Thank you very much.
24 MR. BAILYN: Thank you for scheduling us, Your Honor.
25 THE COURT: All right.
44
Case 1:23-cr-20036-KMM Document 31 Entered on FLSD Docket 03/09/2023 Page 44 of 45
1 THE CLERK: Okay.
2 THE COURT: All right. We've concluded this week.
3 Thanks, as usual, to the marshals for their efficiency, to
4 Probation, and to -- I would thank the interpreters, but
5 they're gone.
6 So have a good weekend, and have a good --
7 MR. BAILYN: Thank you, Your Honor.
8 THE COURT: -- Valentine's week.
9 MR. RABIN: Thank you, Judge, and thank you for
10 putting this on this afternoon. I know that you had other
11 plans that Stephanie is going to kill me for, but --
12 THE COURT: That's all right.
13 MR. RABIN: -- I appreciate it.
14 THE COURT: We got it done.
15 MR. RABIN: Thank you, Judge.
16 THE COURT: Thank you.
17 THE CLERK: All rise.
18 Court's adjourned.
19 (Proceedings adjourned at 3:46 p.m.)
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Case 1:23-cr-20036-KMM Document 31 Entered on FLSD Docket 03/09/2023 Page 45 of 45
1
2
3 CERTIFICATE OF TRANSCRIBER
4 I certify that the foregoing is a true and correct
5 transcript, to the best of my ability, of the above pages of
6 the official electronic sound recording provided to me by the
7 U.S. District Court, Southern District of Florida, of the
8 proceedings taken on the date and time previously stated in the
9 above matter.
10 I further certify that I am neither counsel for,
11 related to, nor employed by any of the parties to the action in
12 which this hearing was taken, and further that I am not
13 financially nor otherwise interested in the outcome of the
14 action.
15
16 DATE: Monday, March 6, 2023
17
18
19
20 /S/ James C. Pence-Aviles
21 James C. Pence-Aviles, RMR, CRR, CSR No. 13059
U.S. Court Reporter
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