Court filing
Transcript of Sentencing Proceedings (October 20, 2023) — United States v. Denis Casseus
No. 2:23-cr-00009-KCD-DNF · Doc. 72 · Docket on CourtListener
Full text
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 1 of 46 PageID 312
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
________________________________
)
UNITED STATES OF AMERICA, )
Plaintiff, )
)
v. ) Case No.: 2:23-CR-3
)
ISMAELLE MANUEL, )
Defendant. )
________________________________)
)
UNITED STATES OF AMERICA, )
Plaintiff, )
)
v. ) Case No.: 2:23-CR-9
)
DENIS CASSEUS, )
Defendant. )
________________________________)
SENTENCING PROCEEDINGS
BEFORE THE HONORABLE THOMAS P. BARBER
October 20, 2023
9:01 a.m. to 10:01 a.m.
APPEARANCES:
FOR THE PLAINTIFF: YOLANDE G. VIACAVA, ESQUIRE
Office of the United States Attorney
2110 First Street
Room 3-137
Fort Myers, Florida 33901
FOR THE DEFENDANTS: ZELJKA BOZANIC, ESQUIRE
Bozanic Law, PA
17100 Royal Palm Boulevard
Suite 1
Weston, Florida 33326
ALSO PRESENT: ISMAELLE MANUEL, DEFENDANT
DENIS CASSEUS, DEFENDANT
(Proceedings recorded by mechanical stenography, transcript
produced by computer-aided transcription.)
REPORTED BY:
Rebekah M. Lockwood, RDR, CRR
Official Court Reporter
(813) 301-5380 | r.lockwooduscr@gmail.com
P.O. Box 173496, Tampa, Florida 33672
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 2 of 46 PageID 313
2
1 (Call to Order of the Court at 9:01 a.m.)
2 THE COURT: We're going to do these two cases
3 together, I think, right, that are here? Everybody is wearing
4 red. What is this, a coordinated deal here?
5 MS. BOZANIC: Judge, it was not coordinated, but I
6 laughed when I saw my clients.
7 THE COURT: They coordinated with each other, but you
8 didn't coordinate with them.
9 MS. BOZANIC: I did not coordinate with them.
10 THE COURT: We're doing two cases, United
11 States v. Ismaelle Manuel and Denis Casseus, Case Numbers
12 23-CR-3 and 23-CR-9.
13 They are not legally married, but functioning as a
14 married couple. We'll do them together sort of. There's some
15 parts we'll have to break up. So who's representing the United
16 States in these cases?
17 MS. VIACAVA: Good morning. Yvette Viacava with the
18 United States. And with me at counsel's table is Special Agent
19 Brian Kirby with the United States.
20 THE COURT: Good morning.
21 MS. BOZANIC: Good morning. Zeljka Bozanic on behalf
22 of Denis Casseus and Ismaelle Manuel.
23 THE COURT: Yeah. Just sit and put the mic close to
24 your face.
25 Both of y'all, raise your right hands for me.
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 3 of 46 PageID 314
3
1 (The defendants are sworn.)
2 THE COURT: They both have been sworn. So let's
3 see -- looks like Ms. Manuel pled guilty May 23, 2023 to
4 Counts 1 through 3 in an indictment, charging her with bank
5 fraud, in violation of Title 18 U.S. Code Section 344 and 2. I
6 accepted her plea and adjudicated her guilty.
7 Then we've got on the same day, Mr. -- am I saying
8 your name right? Casseus?
9 DEFENDANT CASSEUS: Yes, sir.
10 THE COURT: Mr. Casseus pled guilty to Count 1 and 2
11 of an indictment, charging him with bank fraud, in violation of
12 Title 18 U.S. Code Section 1344 and 2 and Count 5 of the
13 indictment charging him with illegal monetary transaction in
14 violation of Title 18 U.S. Code Section 1957. So he has a
15 charge and she doesn't. Is that what I'm seeing here?
16 MS. VIACAVA: Yes, Your Honor.
17 THE COURT: So here we are. First thing we have to
18 do is figure out the application of the Sentencing Guidelines.
19 So we'll start with the prosecutor. Have you had the
20 opportunity to read and discuss the presentence report, and do
21 you have any objections to the factual accuracy or Guideline
22 calculations?
23 MS. VIACAVA: Yes. The government has read the
24 presentence report as well as we have no objections to the
25 Guidelines -- sorry. We have no objection to the Guideline
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 4 of 46 PageID 315
4
1 calculation.
2 And just to remind the Court, on September 15th of
3 2023, we began the sentencing proceedings. We ended up
4 continuing the sentencing proceedings so that we can deal with
5 the issue of restitution in this case.
6 THE COURT: Yeah, I remember. I just don't know how
7 far we got in terms of the -- let's say the script of where we
8 are.
9 So what about on the defense side of things? Have
10 you read the presentence report and gone over it with your
11 clients?
12 MS. BOZANIC: Judge, I have. We went over it, and I
13 can remind the Court that we went through my previous
14 objection. Your Honor overruled my objection of the two levels
15 for zero-point history, and you stated that even though it's
16 not November 1st yet, that you will just give the appropriate
17 sentence that you think is appropriate.
18 And then the other objection was for the two levels
19 based on the fact it involved the Economic Aid Act, and Your
20 Honor overruled that objection as well.
21 So I think we just ended up at the restitution.
22 There was an issue with the question of where the money went.
23 THE COURT: Yeah, yeah. That's what we're here to
24 talk about. Let me make sure we cross the Ts and dot the Is on
25 this.
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 5 of 46 PageID 316
5
1 So she's at a total offense level 18. Is that right?
2 Okay. Well, him, that's fine. He's at -- I want to
3 make sure this is clear. He's at level 19; criminal history
4 category I; advisory range of 30 to 37 months; and supervised
5 release, 2 to 5 on Count 1 and 1 to 3 on Count 5; restitution,
6 298,875; possible fine, 10,000 to 2 million; and a 300-dollar
7 special assessment. Right?
8 THE PROBATION OFFICER: Correct, Your Honor.
9 THE COURT: And then she -- let me know when you're
10 on hers.
11 THE PROBATION OFFICER: I'm ready, Your Honor.
12 THE COURT: Hers is 18; criminal history category I;
13 27 to 33; 2 to 5 years' supervised release; restitution,
14 411,417; fine, 10,000 to 3 million; and a 300-dollar special
15 assessment. Right?
16 THE PROBATION OFFICER: Correct, Your Honor.
17 THE COURT: So we got that all figured out. And
18 then, you know, my questions were, what happened to the money,
19 and, you know, how much can they sell to pay back, and where
20 are we in terms of dollars and cents on this thing? So I don't
21 know who wants to talk first on this.
22 MS. VIACAVA: Your Honor, if I may. Last time we
23 were here on September 15th, defense counsel indicated that the
24 bank had seized some money. The government represented to the
25 Court that the government had not been involved and would not
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 6 of 46 PageID 317
6
1 seek the warrant such as the bank who did so.
2 Since then, Special Agent Brian Kirby has been in
3 contact with Fifth Third Bank, based on information that
4 defense counsel was able to provide subsequent to that hearing.
5 The government has provided new restitution amounts, at least
6 pertaining to Mr. Casseus.
7 THE COURT: Meaning what? That you got that money?
8 MS. VIACAVA: Meaning the bank seized -- in his case,
9 the PPP loans had not been forgiven, so the money was still
10 owed to Fifth Third Bank. When they found the accounts that
11 had money in it belonging to him, they seized those funds.
12 They used those moneys to offset what was owed to them.
13 THE COURT: Good.
14 MS. VIACAVA: So Fifth Third Bank indicated that they
15 had --
16 THE COURT: Now, do they pay the federal government
17 back, or do they get to keep the money?
18 MS. VIACAVA: They had not received the loan. The
19 SBA was not the one who lent the money. At this point, Fifth
20 Third was -- they were stuck without the money. So as a
21 result, what they have indicated is for one of the accounts,
22 they were able to offset $92,125 for the PPP loan belonging to
23 the Best Cars Dealer, Inc., and for the other for, the Best
24 Filing Tax and Multi Services, Inc., they offset the amount by
25 $90,254.55.
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 7 of 46 PageID 318
7
1 As a result, they provided what they are still owed
2 on those PPP loans for the Best Cars Dealer, Inc. is 57,500 and
3 for the Best Filing Tax and Multi Services, Inc. is $58,995.45
4 for a total payment owed of $116,495.45, owed to Fifth Third
5 Bank.
6 The government has provided this request to probation
7 with these numbers as well as to the defense counsel, and I
8 believe they are in agreement with the numbers that we were
9 able to confirm.
10 THE COURT: That's his restitution, the 116,495.
11 Everybody agrees to that. Yes?
12 MS. BOZANIC: Yes, Your Honor.
13 THE COURT: Okay. So you've got that down?
14 THE PROBATION OFFICER: I do, Your Honor.
15 THE COURT: Okay. Good. Well, that changes it.
16 Instead of -- that was my question last time, what did he do
17 with 300 grand? So we got that figured out.
18 MS. VIACAVA: Your Honor, if I may, in terms of
19 Ms. Manuel, defense counsel indicated there was money that was
20 frozen. In her case, all the PPP loans had been forgiven,
21 which means the money is now owed to the SBA.
22 As a result, Special Agent Brian Kirby was able to
23 confirm with the bank that they did in fact seize approximately
24 $52,000 that they were holding onto. They hadn't -- they
25 didn't offset anything because they were not owed anything by
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 8 of 46 PageID 319
8
1 Fifth Third because they had been forgiven. But they had not
2 turned it over to the SBA. So they have that money. The agent
3 has been speaking with the bank.
4 I know that defense counsel indicated their client
5 was willing to sign whatever they had to to get the money back
6 to the SBA. As of this morning, the agent again spoke with
7 Fifth Third Bank. They indicated they have determined which
8 PPP loan they would put the money towards to the SBA, so
9 they're in the process of returning the money to the SBA. As
10 of right now, there's been no money returned to the SBA. We
11 indicated that once we get confirmation that has been done, we
12 would notify probation.
13 So at this time, we'll be seeking the entire amount
14 for Ms. Manuel, because SBA has not been made whole yet. But
15 we do anticipate there will be a credit hopefully in the next
16 few weeks.
17 THE COURT: Okay. But what's -- what's the bottom
18 line going to be? Let's assume that happens. That's a bunch
19 of accounting and paperwork and such. I'm sentencing her for
20 the amount of money she stole. I want to make sure I know what
21 that real number is. So how does that all work out?
22 MS. VIACAVA: Your Honor, what we anticipate is we
23 would be asking for a restitution amount of $411,417, which is
24 the amount of the three PPP loans that she obtained
25 fraudulently. We anticipate that in a short order, SBA will be
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 9 of 46 PageID 320
9
1 given approximately 52,000 that Fifth Third Bank was able to --
2 THE COURT: I understand all that. I'm just asking
3 you to do the math. What is the number?
4 MS. BOZANIC: Judge, while the government is doing
5 that, may I remind the Court, there was a house that was
6 purchased by Ms. Casseus and Ms. Manuel. That house, it has
7 now been forfeited. It is owned by the United States
8 government and is worth 500,000.
9 THE COURT: That's good. We'll come to that in a
10 second.
11 MS. VIACAVA: Your Honor, if my math is correct, I
12 believe it will be $359,417. If anyone else in the court would
13 like to do the math, it is approximately 52,000, so it would be
14 roughly that amount.
15 THE COURT: Okay. Now let's keep doing the math
16 equations here. None of us were math majors. That's why we
17 went to law school. So we've got to keep this all very simple.
18 So when all this stuff happens, she owes 359,417. He
19 owes 116,495. But now they -- the money that they stole, they
20 plugged into a house, which is now being forfeited.
21 And this is always an interesting little dynamic
22 where people steal money. It goes both ways. I've seen this
23 over the years. People will steal money. If they buy a house
24 and the house goes up in value, they can then sell it and
25 actually pay back what they stole. Sometimes it goes the other
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 10 of 46 PageID 321
10
1 way, where they steal money, they put it in the house, and then
2 the market declines, and the government -- you know, you could
3 sell it, but they still owe money.
4 So where is that coming into play here?
5 MS. VIACAVA: Your Honor, in this instance, the house
6 is subject to forfeiture. Forfeiture is still separate from
7 restitution.
8 THE COURT: I understand. But justice is what I'm
9 doing, not technical legal stuff. So what's the value of that
10 going to be?
11 MS. VIACAVA: Your Honor, at this time, the Court has
12 granted a forfeiture in terms of the house. In Ms. Manuel's
13 case, in particular, it is at Document 53. We're asking that
14 that be made part of the record. With that, in Document
15 Number 53, the Court indicated that the net proceeds from the
16 forfeited property will be credited towards the satisfaction of
17 the defendant's order of forfeiture.
18 At this time, the government -- the house has not
19 been sold. So at this time, the government does not know what
20 the value would be.
21 THE COURT: Put it in Zillow. Let's see what it is.
22 MS. BOZANIC: Judge, I can tell you what it is. It's
23 about 500,000. The PSI has it at 459. I don't know if the
24 probation officer -- what values they use. They have it at
25 459. I have -- after our last sentencing or the sentencing, I
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 11 of 46 PageID 322
11
1 have reached out to the forfeiture attorney, Mr. Muench. I
2 have asked him whether my client can list the house, because
3 we're attempting to give back as much money, cash money back to
4 the government, and Mr. Muench's response was the government
5 now owns the house and will be selling it.
6 THE COURT: I hate that. That's the second time I've
7 seen that. Okay. When the house could get sold and the money
8 put in the victim's pocket, no, no, no, no, we've already
9 started forfeiture. We have to do it our way. And it adds a
10 year to it. And it -- and, ultimately, the victims don't get
11 their money back as they should.
12 And that bothers me. And there's not a lot I can do
13 about it. But if that had happened, I would have said sell
14 that house to the first buyer that walks through the door,
15 okay, at whatever price it happens to be, and that money right
16 now would be back in the government's pocket. But now we're
17 going to do forfeiture, and that's going to be sold who knows
18 when. Anybody have any idea when that will ever happen? No.
19 And so here we are.
20 But what is the zip -- what is the Zillow value?
21 Just go on Zillow and do it. Does somebody have the address?
22 The reason I'm processing all these numbers like this, this
23 comes from my experience as a divorce court judge when people
24 have houses, and they come up with all these crazy values for
25 it.
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 12 of 46 PageID 323
12
1 MS. VIACAVA: Your Honor, we have a real property --
2 the real property address is 132 Southwest 10th Place, Cape
3 Coral, Florida 33991.
4 THE COURT: Okay. I think, Madam Probation Officer
5 is looking that up.
6 MS. VIACAVA: I don't know if the defendants might be
7 able to speak to whether or not this house was damaged at all
8 after the hurricane.
9 THE COURT: Good question. What happened with the
10 hurricane? That's an easy question.
11 DEFENDANT CASSEUS: There's not too much. The fence
12 was working. I fix it 70 percent. And not that much.
13 THE COURT: Did you have a homeowner's policy you've
14 made claims on or anything?
15 DEFENDANT CASSEUS: No.
16 THE PROBATION OFFICER: Your Honor, according to
17 Zillow, the estimated market value is 447,000.
18 THE COURT: Okay. Where is it at? Is that Cape
19 Coral? Where is it? Lehigh?
20 THE PROBATION OFFICER: Cape Coral.
21 THE COURT: What's the values like in Cape Coral? Is
22 that -- I mean --
23 MS. VIACAVA: Your Honor, at this time, it depends on
24 if the house has been damaged. Most houses -- many houses in
25 Cape Coral still have tarps on roofs, flooding. Depends on
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 13 of 46 PageID 324
13
1 where the house is located and what happened to them. There
2 were a lot of houses that did stand damage from wind, rain,
3 flooding, things of that nature.
4 THE COURT: Zillow has a picture of it on there?
5 THE PROBATION OFFICER: Yes, Your Honor.
6 THE COURT: Any damage? Sometimes those pictures are
7 really current.
8 THE PROBATION OFFICER: I can show you, Your Honor.
9 THE COURT: Yeah.
10 MS. VIACAVA: The case agent --
11 MR. KIRBY: Your Honor, it doesn't appear to be any
12 significant damage.
13 THE COURT: Looks pretty good on here.
14 MR. KIRBY: Yes, sir.
15 THE COURT: That's probably close to a real number.
16 MS. BOZANIC: Judge, I tell you, my client has told
17 me there was an inspection after, and there was no real damage.
18 FEMA apparently came out after the hurricane and was no damage.
19 They also put in about $30,000 from when they bought the house
20 to fix it up and buy things.
21 THE COURT: I just don't want to find out they've
22 made a homeowner's claim and then the government owns the house
23 now and they get a check on the side that nobody knew about.
24 All right?
25 Okay. Well, you know what? We're not that far apart
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 14 of 46 PageID 325
14
1 now. Okay. Let's assume that that gets 447. By what I'm
2 seeing, they owe 475. All right. I'm glad we're doing it this
3 way. At the end of the day, the difference, when you figured
4 it all out, is around $28,000, if I'm doing the math right. So
5 here we are.
6 So what do you want to do with them now that we see
7 kind of how the numbers net out? What do you think is
8 appropriate?
9 MS. VIACAVA: Your Honor, this particular instance,
10 the numbers that the Court is considering go towards
11 restitution. It does not -- in terms of the advisory Guideline
12 range, it is the actual loss or the intended loss. In this
13 instance, you have these two individuals that, one, Mr. Casseus
14 received two PPP loans, Ms. Manuel received three PPP loans
15 that they did not use for its intended purpose.
16 THE COURT: I know that. I'm not saying what they
17 did was legal. What I'm saying is, if you get most of the
18 money back, that's different than people that take the money
19 and go to the Indian casino or go on a cruise, and they spend
20 it all and nobody gets paid back. I get it. I mean, they got
21 be punished. I'm just saying I punish people differently who
22 pay the money back than people who blow it and -- you know,
23 like that lady we have -- is that your case that ripped off the
24 little, old lady who bought a 7000-dollar big screen TV with
25 that? I bumped the Guidelines on her. But this is a
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 15 of 46 PageID 326
15
1 different, you know, scenario. So keep going.
2 MS. VIACAVA: Your Honor, in this particular case,
3 the government would be requesting a Guideline sentence at the
4 low end of the Guidelines, ask for each individual. Therefore,
5 for Ms. Manuel, the government would be requesting that she be
6 sentenced to 27 months, which is a low end, with three years'
7 supervised release to follow, as well as we'd be asking for the
8 forfeiture that the Court has ordered in Docket Number 53 and
9 44 be included as part of the judgments.
10 We would be asking for restitution at this time with
11 the $411,417 to be made payable to the SBA. Again,
12 understanding the caveat that Fifth Third Bank has
13 approximately $52,000 that may go towards that. She will get
14 credited towards that restitution amount once that money is
15 turned over to the SBA.
16 We also recommend mental health treatment based on
17 the information contained in the presentence report.
18 That would be the government's recommendation as a
19 reasonable sentence in her case.
20 In terms of -- in addition, pursuant to the plea
21 agreement, the government would be move to dismiss Counts 4
22 through 6 and Count 7, so 4 through 7, actually.
23 THE COURT: Okay.
24 MS. VIACAVA: And for Mr. Casseus, the government
25 would be seeking a low end of the advisory Guideline range,
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 16 of 46 PageID 327
16
1 which is 30 months. We would be recommending three years'
2 supervised release.
3 We would ask for the forfeiture, Document 42, be
4 included as part of the judgment in this case.
5 We would be asking for restitution made payable to
6 Fifth Third Bank in the amount of $116,495.45.
7 We'd also be asking for alcohol treatment, as
8 recommended or suggested in the pretrial service report, as to
9 Mr. Casseus.
10 That's the government's recommendation based on what
11 these two individuals, the offense that they committed. In
12 this instance, the restitution, Fifth Third Bank took upon
13 themselves to offset what was owed. They found money, they
14 collected it for themselves. So the restitution amount has
15 been lowered.
16 But in terms of the intended loss, the government
17 would still be arguing that this sentence would be reasonable
18 based on the advisory Guideline range, and that would be the
19 recommendation of the government in terms of the sentence.
20 THE COURT: Okay. Talk to me about this. Do you
21 know -- have a sense of who masterminded this? Is one more
22 culpable than the other? I mean, we can look at the numbers
23 and stuff, but that doesn't necessarily tell us -- who -- did
24 you have the case -- I sentenced a husband and wife with little
25 kids, very similar, very similar, ages like ten, nine, eight,
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 17 of 46 PageID 328
17
1 seven, something like that. And then the mom got pregnant in
2 the middle of the case. Was that yours?
3 MS. VIACAVA: No.
4 THE COURT: That was your case?
5 MR. KIRBY: Yes, sir. I believe that was me. The
6 couple moved to North Carolina.
7 THE COURT: They blew all the money on ATVs and
8 stuff. They're both in prison now.
9 MR. KIRBY: Yes, sir, that was me.
10 THE COURT: But that was the mom was the mastermind
11 of that whole thing. We went back and forth about which, you
12 know -- what to do about that. Ultimately, I think it was a
13 wash, and I just sent them both. But what do you know here in
14 terms of -- is one more culpable than the other? You can
15 answer if you know.
16 MR. KIRBY: Just based on the investigation, a lot of
17 the phone calls that I obtained from the bank, like where
18 Mr. Casseus would call and make changes to certain accounts,
19 the majority of the time, it was always Mr. Casseus calling the
20 banks and arranging different changes on the accounts,
21 addresses, and verifying passwords, and things like that. Very
22 rarely was it Ms. Manuel. Based on my investigation, I think
23 it would be more the responsibility of Mr. Casseus than
24 Ms. Manuel.
25 THE COURT: Okay. She's sending you a note now. You
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 18 of 46 PageID 329
18
1 can just say it. I mean, it's okay.
2 MS. VIACAVA: Your Honor, in addition, last time we
3 were here, the Court asked the agent where money was being
4 spent. And the agent has since looked through the records to
5 give the Court an idea of where money was being spent. And he
6 does have that information. That's why we're.
7 THE COURT: We're down to about 28 grand now
8 that's -- once you put the money in the house, and then the
9 money the bank captured, so --
10 MR. KIRBY: Right. So this was just over the course
11 of a year, the account was small, sample size, which I analyze
12 the bank account or some of the accounts. So over the --
13 between April of 2020 and April of 2021 was approximately
14 $164,000 sent from these accounts by way of Zelle to numerous
15 people, to include themselves, family members, and friends for
16 no apparent --
17 THE COURT: Sharing the wealth.
18 MR. KIRBY: -- business reasons. There were $104,000
19 in cash withdrawals at various banks in the North Fort Myers,
20 Cape Coral area. Those withdrawals range from $300 to $9,000
21 at a time. There were $36,000 in checks written to the same
22 people that obtained some of the Zelle payments. There were
23 $10,000 in PayPal, eBay purchases. Some of those PayPal
24 purchases were actually cash transfers to unknown individuals.
25 There was $15,000 in purchases from a website called
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 19 of 46 PageID 330
19
1 alibaba.com.
2 THE COURT: Alibaba?
3 MR. KIRBY: Just from research, looks like a -- like
4 a -- almost like a Chinese -- or a version of Amazon or
5 something like that. And then there was an additional $5,000
6 in furniture from Badcock & More Furniture in Cape Coral that
7 they used to furnish the home. There was over the course of
8 year to a year and a half, it was just random -- that was the
9 majority of the transaction there, other than the purchase of
10 the house.
11 MS. VIACAVA: The Court will recall the government
12 wasn't aware of these bank accounts. Since we finished the
13 investigation, those accounts were empty. So we were hearing
14 that now the bank found accounts that had money in it. And
15 they --
16 THE COURT: Yeah. They admitted to accounts that you
17 guys hadn't found yet. Right? So it is what it is.
18 All right. So in light of everything we've talked
19 about, what do you -- are you manning up on this and saying
20 this was your idea mostly? Are you going to do that, or are
21 you going to blame her, or what's going on?
22 DEFENDANT CASSEUS: Your Honor, she knew nothing.
23 She didn't know because --
24 THE COURT: Do one thing for me. My ears, as an
25 American, listen very slowly. So speak about half as fast as
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 20 of 46 PageID 331
20
1 you're used to speaking, and I'll be able to understand you.
2 If you speak at your normal speed, it's hard for me. Go ahead.
3 DEFENDANT CASSEUS: Okay. So I'm the one that old
4 friend called me to open the PPP loan. She don't know nothing
5 about it.
6 THE COURT: She knew nothing about it?
7 DEFENDANT CASSEUS: I'm the one who -- but she -- she
8 don't know nothing. The old friend called me to ask me to get
9 the PPP loan. At the first place, we don't want to do it. I
10 tell her she don't want to do it. Then they call me and keep
11 saying, it's something for the COVID-19. It's nothing because
12 you are referred to it, and then people convince me, and then,
13 yes, I agree, but it's not --
14 THE COURT: Well, I would say you're lucky she
15 doesn't divorce you, but you haven't been married yet. Are
16 you-all staying together through this?
17 DEFENDANT CASSEUS: Yes, Your Honor.
18 THE COURT: That's what you say. She didn't say
19 that. I'm not sure if what you just said is true and you did
20 all this and you've got her now in federal court looking at
21 going to prison, I'm not sure she wants to stay with you. But
22 that's a personal matter. It's none of my business.
23 I'm just -- is that right? Is what he just said
24 right, that that was all his idea?
25 DEFENDANT MANUEL: Yes, Your Honor. I tried to tell
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 21 of 46 PageID 332
21
1 him not to do it, but he convinced me that the money was for
2 the business, and we did spend a lot of money in businesses, so
3 I just do what he asked me to do.
4 THE COURT: Well, yeah, you spent the money, too,
5 knowing it was stolen. Right?
6 DEFENDANT MANUEL: Yes, Your Honor.
7 THE COURT: All right. Anything you want to say on
8 this?
9 MS. BOZANIC: Yes, Your Honor. Can I use the podium?
10 THE COURT: Yeah.
11 MS. BOZANIC: Judge, so first of all, you know, I'm
12 glad that my client, Mr. Casseus, owned up to it. I
13 understand, based on the investigation, it was his initial
14 idea.
15 Ms. Manuel initially thought, well, she has a
16 different nursing licenses or whatever you call them. It's a
17 certified nursing assistant license and assisted living
18 facility administrative license. Both of their intention was
19 initially take the money and open up one of those homes. She
20 even transferred money because AHCA needed to see at least
21 $50,000 in the account. They previously to this tried to open
22 a business, were paying rent, $5,000 a month. They couldn't
23 get AHCA to approve it because there was a generator missing.
24 It's long history, Judge. Most of these -- most of
25 the money -- you know, this is not a couple that spent money on
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 22 of 46 PageID 333
22
1 Ferraris or anything like that. Most of the money they
2 actually spent, it was going towards opening this business.
3 Now, logistically, they --
4 THE COURT: Are you standing on something?
5 MS. BOZANIC: No.
6 THE COURT: It just seems --
7 MS. BOZANIC: Do I seem to?
8 THE COURT: Maybe you're much taller than you seem
9 when you're sitting.
10 MS. BOZANIC: I am. I'm 6'2".
11 THE COURT: When you're sitting, you look like
12 you're, you know, 5'2". Just seems like -- sorry, go ahead.
13 MS. BOZANIC: So, Judge, this is not a couple that
14 used money. Most of these cases I see, people use -- they buy
15 a fancy car. They own a 2007 car. That's what they drive.
16 THE COURT: 7000-dollar flat-screen TV. I didn't
17 even know that existed, but that's what they're doing with the
18 money, some of the people I've seen.
19 MS. BOZANIC: Judge, they tried to make this -- they
20 were going to live in this home. They bought a home because
21 they wanted to open this nursing aid or facility where elderly
22 people live. She has a license. She would be the one taking
23 care of them. They figured they would live there, too, and she
24 would have a business. It just didn't work out. Obviously,
25 they couldn't just take the PPP loan to use it towards that.
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 23 of 46 PageID 334
23
1 So we all understand they committed a crime. I think
2 Ms. Ismaelle has some of the 3553 factors that Mr. Casseus
3 doesn't have. They can look at the Page 55 of the PSI.
4 Between the age of eight to 17, and there's no family in the
5 courtroom, so I'll say she had some -- she was molested from
6 the age of eight to 17.
7 She came to the US at age of 18. She had a very hard
8 life. She came here, lived with a cousin. Kicked out at age
9 of 18 on her own, because she was -- somebody -- a cousin tried
10 to molest her again, and no one believed her.
11 She came to Port Charlotte in 2011. She was only 20
12 years old. She has three children with Mr. Casseus. One is
13 five years old. The other one is three years old. She
14 actually had a baby. She took a plea in this case when she was
15 nine months pregnant. She had a baby in May. The baby is four
16 months old.
17 She has various health issues. She was depressed.
18 She had depression during pregnancy. She was receiving mental
19 health therapy at the Dna Comprehensive Therapy Services. She
20 was diagnosed with adjustment disorder with mixed anxiety and
21 depressed mood. She received her high school diploma in 2023.
22 She started a nursing program in 2021, and she plans to
23 continue at Rasmussen College. That's where she started. She
24 has a certified nursing assistance license and medication
25 certification and assisted living administrative license. She
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 24 of 46 PageID 335
24
1 has also a real-estate license with Century 21. So she's a
2 licensed real-estate agent. I'm not sure if she'll be able to
3 keep that after this case. But she's tried. She had a hard
4 life. She's tried.
5 I think probation in her case is appropriate, Your
6 Honor, based on the circumstances of the 3553 factors. I also
7 want to mention that even though her Guidelines do show 27 to
8 33, if we were to look at it with the new Guidelines, they
9 would be 21 to 27 with the two points. And I guess just kind
10 of make it easier to go down to probation.
11 As far as Mr. Casseus, Mr. Casseus is 44 years old
12 now. He has never been arrested. No criminal history
13 whatsoever. He is the type of a guy who works hard. He works
14 at a Palm Beach law firm where -- or, actually, I'm sorry, not
15 a law firm, but a tire facility. He's an administrative
16 manager, and he drives people around. He makes about $4,000 a
17 month.
18 He's always been an entrepreneur. He wanted to make
19 money. Somebody came to him with this idea. And even though
20 it's wrong, and, yes, people, as we know, in all these cases
21 use falsified documents to submit these loans and get them, I
22 think the idea wasn't to go and blow the money on flat-screen
23 TVs or cars or whatever. They tried to do a business.
24 So I think they differ from other people who commit
25 these crimes in that they actually tried to do a business and
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 25 of 46 PageID 336
25
1 invest this money and use it for the purposes of the business
2 that they got it under. Now, they ended up buying a house.
3 The government obviously forfeited the house. They have it.
4 Since Mr. Casseus has no criminal history, I think
5 there's -- He's obviously working hard. He has to support a
6 family. He has also two older daughters. They're 19 and 17.
7 He just told me that he can pay back the $28,000 and
8 has to pay back the $28,000 as soon as possible.
9 Judge, I think variance is appropriate in
10 Mr. Casseus' case as well. And while I understand that Your
11 Honor may not be open to, I guess, giving both of them a break,
12 aside from Ms. Manuel, if I was just arguing for Mr. Casseus, I
13 would argue for him to get some type of house arrest. The
14 reason why, Judge, is, you know, the government is getting most
15 of their money back. He didn't go and blow it on what I just
16 spoke about. He's willing to pay back, and he has at least a
17 job. He makes decent money, and he actually can afford to pay
18 it back. He has three minor children, five, three, and four
19 months old out there.
20 Ms. Manuel has all these health conditions. She has
21 issues with her gallbladder, the depression, sugar. She just
22 keeps having medical issues, and I think that he can be there
23 as a man to help her. I know -- we all know he needs to get
24 punished. And I know that deterrence is one of the 3553
25 factors.
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 26 of 46 PageID 337
26
1 Considering that he has never had a case before, he's
2 never been arrested before -- he also came here as an
3 immigrant, and in 2007 at 20-something years old, has worked
4 hard, and you can see that from his PSI. He's worked hard all
5 of his life. And he's in that kind of environment where people
6 come and say, hey, let's do this. And he went along with it,
7 because it was a friend who knew how to do these loans. And I
8 don't think he really thought it through.
9 Nevertheless, he now is a convicted felon that will
10 follow him for the rest of his life, both of them. I just
11 think that it can -- it carries a lot, the fact that they did
12 not get rich and blow the money, and he has the ability to pay
13 the government back.
14 For those reasons, I would ask for Your Honor to
15 consider giving him some type of a house arrest so he can be
16 there for his -- so he can work. I would also ask that at some
17 point when he's on supervised release, he be able to travel to
18 the Southern District of Florida, because he works there a lot,
19 and his family is there as well.
20 And as far as the restitution and forfeiture, Judge,
21 I wanted to address that. I know that when the government
22 forfeits a property, they usually consider that to be
23 forfeiture. In this case, if they sell the property for
24 500,000, 500,000 in their pocket. That would be --
25 THE COURT: Just a second. I didn't ask this
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 27 of 46 PageID 338
27
1 question. I talked about the concept, but I never asked the
2 question to get the information. How much did they pay for it?
3 MS. BOZANIC: 275.
4 THE COURT: 275.
5 MS. BOZANIC: Plus closing costs.
6 THE COURT: Aha. So they paid 275, but they're
7 getting credit for whatever it sells for for 447. So there is
8 stolen money in there that they blew that is getting covered by
9 this market increase, which is fine.
10 MS. BOZANIC: I can tell you where the money went.
11 THE COURT: Well, he did.
12 MS. BOZANIC: Well, I actually calculated, so I can
13 kind of break it down, because a lot of the stuff that the
14 government is looking at -- Alibaba is a website where you can
15 buy things for the ALF or whatever you want to call it.
16 THE COURT: Have you ever done that website?
17 MS. BOZANIC: Yes. Alibaba is sort of like Amazon,
18 but you buy equipment. You buy bigger stuff from China. A lot
19 of people right now buy that stuff from Alibaba and resell and
20 make money. I know a lot of people who do that.
21 THE COURT: And it comes from China and it's not
22 messed up or anything like that?
23 MS. BOZANIC: Not at all. You can buy -- if you want
24 to buy a foreign car, my husband has --
25 THE COURT: You bought a car from Alibaba?
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 28 of 46 PageID 339
28
1 MS. BOZANIC: No, no, no. If you want to buy a kit.
2 Let's say you bought a Range Rover. Right? And you want to
3 put a skirt and, you know, a nice kit, or if you have a
4 Mercedes and you want to buy --
5 THE COURT: I don't have a Range Rover or Mercedes,
6 but that's another story.
7 MS. BOZANIC: That is something that costs $50,000.
8 Alibaba will sell it to you for 15, 20. It won't be the
9 original. But you can make the car look nice and resell it.
10 Mr. Casseus does have a car dealer, and I know a lot of clients
11 of mine who have car dealerships, and that's what they do.
12 So, Judge, back to where the money went. I can tell
13 you, Mr. Casseus invested about 120. So Mr. Casseus straight
14 from his account set the 120,000, that's in the B side, towards
15 the purchase of the house. And the bank took back $183,000.
16 So the difference is 116. He actually should not even
17 technically owe any money. He did not spend any money. He
18 actually overpaid $4,000, if you look at it that way.
19 THE COURT: If you look at it that way.
20 MS. BOZANIC: So what I'm saying is, nothing out of
21 his account went towards anything else. There was 120 for the
22 house and the bank got back 180.
23 As far as Ms. Ismaelle, 411, the house was purchased
24 275 plus closing costs, putting at 300,000. She paid about 180
25 out of her account. 52,000 is still in the bank, frozen.
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 29 of 46 PageID 340
29
1 That's going to go back. The repairs in the house were about
2 $30,000, which is, I can tell you they paid 10 percent
3 commission to the person who did the loan. That's about
4 $70,000. Those people who do loans for you, they charge
5 10 percent. I've seen them as high as 30 percent.
6 There's a check in the discovery that goes to -- and
7 the government knows about it. Mr. Casseus, in addition, I
8 forgot to mention as a 3553 factor, he met with the agents, and
9 he attempted to cooperate and provided this information.
10 There's a copy of the check for his commission that was paid.
11 I don't think the agents were able to do anything with it.
12 Nobody got arrested. That's also one of the factors to
13 consider.
14 So the way I see it, there's an $80,000 difference
15 that I can't account for. And based on my review of the
16 statements, I can see a lot of Walmart purchases, Sam's Club,
17 and what the agent was stating, and it definitely didn't go on
18 anything fancy or any hiding of the money.
19 Ms. Manuel also does help her family. She helps
20 everybody. Her mom lives with her, and her mom does not work.
21 She supports her mother and some other family members.
22 So for what it's worth, Judge, I -- I've known them
23 for a few months now, ever since the beginning of this case.
24 They are a very decent family. They're very nice people. I
25 know they committed a crime. I know they have to be punished,
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 30 of 46 PageID 341
30
1 Judge.
2 But Mr. Casseus, specifically, with no prior record,
3 he tried to do everything. He tried to turn over the person
4 who put him up to this and who helped him and who got the
5 $70,000 in commissions. Nothing came out of it. I think his
6 intended loss is obviously much larger than what the actual
7 loss is.
8 So for those reasons, I would ask Your Honor to
9 consider giving him a non-incarceration sentence.
10 And, Judge, as far as the forfeiture, this is the
11 last point I want to make. There's this rule that the
12 government does, if they forfeiture the money, it doesn't go
13 towards restitution, because they consider it to be a penalty.
14 So the government will have about $500,000 in forfeiture for
15 this house. Let's call it 470 or 450 or whatever it is. That
16 will never get applied towards restitution.
17 Once you enter an order of restitution for $168,000
18 for Mr. Casseus and 350 or so or if it's 411 for Ms. Manuel,
19 that $500,000 will never get credited towards it. They will
20 still have that, just because of the way the government does
21 that. I think the government can confirm that. So I don't
22 know if Your Honor would be willing to kind of figure out the
23 restitution amount in a little unconventional way, considering
24 that they are actually getting the house, and they were not
25 able to sell it, even though we offered.
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 31 of 46 PageID 342
31
1 THE COURT: Well, they also get around 200 grand, an
2 increase in value that's credited to this overall concept. So
3 it's -- it's not as clean as it really should be, in my
4 opinion, but --
5 MS. BOZANIC: Understood, Judge.
6 THE COURT: All right. Thank you.
7 MS. BOZANIC: Just to let you know, their daughter,
8 or Mr. Casseus's older daughter wanted to speak on their
9 behalf. She was here the last time. She kind of got cold
10 feet. I spoke to her the last time we were here. She wanted
11 to tell me about how her father put her through college and how
12 Ismaelle has been with her since she was nine years. They are
13 both great parents. Her mom actually lives in Haiti and has
14 now been like a second mother to her. She's just very nervous
15 and didn't want to come today.
16 THE COURT: Hope I didn't scare her. I'm pretty easy
17 to deal with.
18 MS. BOZANIC: I know you are, Judge. She's 19 years
19 old.
20 THE COURT: Maybe you scared her.
21 MS. BOZANIC: Maybe.
22 THE COURT: All right. I'm just teasing you.
23 What do you guys want to say? You want to say
24 anything else?
25 DEFENDANT MANUEL: I just want to say that to Your
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 32 of 46 PageID 343
32
1 Honorable Judge Thomas Barber that we are very sorry for what
2 we did. We know it's wrong, and we take full responsibility
3 for it, and we learned from it. And I hope he's never going to
4 do that again, and I will not. And I also want to say I'm
5 sorry to the United States government. We just did, and we are
6 deeply sorry. And I know sorry not going to fix it. But
7 there's nothing we can do about it, because it's already done.
8 THE COURT: Okay.
9 DEFENDANT CASSEUS: Your Honor, because things
10 happen. I always try to help my family, working for my family,
11 but the guy come to me to force me to do that. I do it, and
12 then I never knew that was going to go through that today,
13 because they told me it's COVID-19. I can't go back, so I will
14 ask you to give us a second chance. You're not going to see us
15 anymore. And I'm sorry for the government, because we earned
16 nothing to help nobody. That's why we know that. We don't
17 want to do that. I'm really sorry.
18 THE COURT: All right. I think we've said as much as
19 needs to be said here. Kind of gotten all the information out.
20 Anything else anybody wants to say?
21 MS. VIACAVA: Your Honor, the government would just
22 indicate that although from what defense counsel said, that
23 they were trying to open business, the problem is they obtained
24 the PPP loans, telling the government they already had
25 up-and-running businesses. They had employees. The money was
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 33 of 46 PageID 344
33
1 given to them for those purposes to assist in protecting
2 individual paychecks, meaning employees' paychecks. Instead,
3 they bought a house. They bought a house in full.
4 So even if they intended to open a business, that was
5 not the purpose of the money, and they bought the house for
6 themselves. No mortgage payments. They were able to have a
7 house outright for themselves. That's what they chose to do
8 between the two of the five PPP loans they obtained.
9 Looking at the factors set forth in
10 Title 18 Section 3553, we would ask that the Court sentence
11 them, considering the sentence, reflect the seriousness of the
12 offense and respect for the law and provide just punishment for
13 the offense.
14 In this particular case, the restitution, that goes
15 down because the bank was able to locate money and help
16 themselves. These are not payments that the defendants
17 willingly made to pay down these loans. These were moneys that
18 were offset based on the bank locating the funds and recouping
19 themselves.
20 THE COURT: Paying the money back doesn't change the
21 fact that it was stolen. I understand that. But it does
22 figure into the overall appropriate sentence in a way. So I'll
23 handle that.
24 All right. So I've heard from everybody that wants
25 to speak at this point. And some of this will be joint, some
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 34 of 46 PageID 345
34
1 of it will be separate, but let's just start with -- with
2 Ms. Manuel -- well, actually, in terms of both of them. I've
3 heard from everyone that wanted to speak. I've reviewed the
4 presentence report and everything else that's been submitted.
5 Pursuant to Title 18 United States Code Section 3551
6 and 3553, it is my judgment that Ms. Manuel will be committed
7 to the custody of the Bureau of Prisons for a term I will
8 announce momentarily and -- well, actually not. Because what
9 I'm going to do in this case -- let me start with Mr. Casseus
10 first. What will happen in his case is, he will be committed
11 to the custody of the Bureau of Prisons for a term I'll
12 announce momentarily.
13 Upon release, he shall serve three years of
14 supervised release. This term consists of three year as to
15 Counts 1, 2, and 5, and all such terms to run concurrently. He
16 must comply with the mandatory and standard conditions adopted
17 in the Middle District of Florida. And that's found in the
18 federal Sentencing Guidelines Section 5B1.3.
19 You also have to participate in a substance abuse
20 program, outpatient or inpatient, follow the probation
21 officer's instructions regarding that, and you must contribute
22 to the cost of that in an amount determined reasonable. During
23 and upon completion of that, you must submit to random alcohol
24 testing.
25 You have to show all financial transactions, all
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 35 of 46 PageID 346
35
1 books and records to the probation officer, if they want to
2 check those out. And you're prohibited from incurring new
3 credit charges, opening additional lines of credit, or
4 obligating yourself for any major purchases without the
5 approval of the probation officer.
6 You have to give up DNA since you've been convicted
7 of a qualifying felony.
8 Mandatory drug testing requirements of the Violent
9 Crime Control Act are suspended, but you have random drug tests
10 not to exceed 104 per year.
11 I'm accepting the plea agreement because I'm
12 satisfied it adequately reflects the seriousness of the actual
13 offense and accepting the plea agreement will not undermine the
14 statutory purposes of sentencing.
15 Under the plea agreement, he's pled guilty to
16 Counts 1, 2, and 5 in return for dismissal of Counts 3 and 4.
17 In accordance with the plea agreement, those counts are
18 dismissed.
19 If your plea agreement allows you to appeal, which
20 they don't usually do, but if yours does, you have do that
21 within 14 days. That applies to both of you. You have to
22 appeal within 14 days, if you want to try do that. Most of the
23 time, the plea agreements say you lose your right to appeal.
24 But if you want to try, it has to be done 14 days or you lose
25 your right to appeal.
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 36 of 46 PageID 347
36
1 If you can't afford a lawyer, you can get a lawyer
2 for free. If you can't afford the filing fee, they'll do your
3 appeal for free that. That applies to both of y'all.
4 Forfeiture, I've already signed a forfeiture order.
5 We've already talked about that. So that's going to be handled
6 that way.
7 I'm not imposing a fine on Mr. Casseus, because I
8 want him to use his money to pay restitution.
9 He does have the 300-dollar special assessment, which
10 is due immediately.
11 Now, the restitution amount is what for him?
12 MS. VIACAVA: $116,495.45.
13 THE COURT: That's the amount. That's payable to
14 Fifth Third Bank.
15 MS. VIACAVA: Yes, Your Honor.
16 THE COURT: Okay. This obligation -- well, it's due
17 to Fifth Third Bank, but it's payable to the Clerk of the U.S.
18 District Court for distribution to that victim.
19 While in custody, you shall either pay $25 quarterly
20 if you have a nonUNICOR job or 50 percent of your monthly
21 earnings if you have a UNICOR job. Upon release, you're
22 ordered to begin making payments of a hundred dollars a month.
23 This payment is going to continue until you get it paid off.
24 If you need the change that, let somebody know, and
25 we can revisit that. If you get it paid off early, there's a
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 37 of 46 PageID 348
37
1 possibility of early termination, if everything is paid.
2 That's an incentive to get it paid. If you can get that done,
3 you can take yourself off of probation. So your lawyer will
4 explain that to you.
5 Let's see. I find that the defendant does not have
6 the ability to pay interest, so we don't worry about that.
7 Let's see. That's the restitution. I think I've
8 covered everything on him.
9 Now, we'll go over to her, and since I'm going to be
10 giving him some time here in custody, and she is not as
11 culpable as him, I will be giving her a probation sentence, not
12 supervised release. I want to make sure I don't mess that up
13 and use the wrong terminology. So what's the maximum she's
14 looking at, three years?
15 THE PROBATION OFFICER: Your Honor, it would be five
16 years' probation would be the math.
17 THE COURT: All right. So she's going to be
18 sentenced to five years' probation, which is a below-Guideline
19 sentence and will not require her to go to jail. She has many
20 mitigating factors, health issues, including mental health and
21 physical issues.
22 Most importantly, she's not as culpable, although she
23 knew what she was doing, and she knew what the money was going
24 for. She knew it was stolen. She's -- most of the money has
25 been paid back, which is a very important factor to me.
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 38 of 46 PageID 349
38
1 She has no criminal record. I agree that the money
2 was not flagrantly blown on luxury items and thing like that
3 that I see in many of these cases, although it's still stolen
4 money. She cooperated and accepted responsibility. She
5 doesn't have much of a criminal record.
6 The other thing I'm impressed with, both of the
7 defendants in this case have come here from Haiti. It's the
8 poorest country in the western hemisphere, and they've worked
9 hard and gotten involved in businesses, and for the most part,
10 have worked harder than more than most Americans do to take
11 advantage of the capitalist system that allows people to come
12 here and succeed and have nice things.
13 Unfortunately, they messed this up pretty badly. But
14 other than that, they've led really, really wonderful lives,
15 coming here and doing good things and taking care of their
16 family, putting a daughter through college. Like I said, most
17 of the Americans I see don't do anything -- I mean, native-born
18 Americans don't do anywhere near as well as they have done.
19 She's got a real-estate license, and so I just don't think it's
20 appropriate to put her behind bars for this. So I'm not -- and
21 those are the reasons for that.
22 Now, the conditions of your probation are the
23 standard conditions in the Middle District of Florida found in
24 the US Sentencing Guidelines Section 5B1. Those are the
25 mandatory and standard conditions.
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 39 of 46 PageID 350
39
1 You also have to participate in a mental health
2 treatment program, outpatient or inpatient, follow the
3 probation officer's instructions regarding that, contribute to
4 the cost of that in an amount determined reasonable.
5 You're also prohibited from engaging in or incurring
6 new credit charges, opening additional lines of credit, or
7 obligating yourself for any major purchases without the
8 approval of the probation officer. You have to give the
9 probation officer full access to all of your financial
10 information.
11 You have to give up DNA.
12 Mandatory drug testing requirements of the Violent
13 Crime Control Act are suspended, but you do have to submit to
14 random drug tests not to exceed 104 per year.
15 Your restitution is what?
16 MS. VIACAVA: $411,417.
17 THE COURT: To the Small Business Administration.
18 This obligation is payable to the Clerk of the U.S. District
19 Court for distribution to victims.
20 How much money does she have to pay toward this
21 monthly? What's a reasonable number?
22 THE PROBATION OFFICER: Your Honor, I believe that we
23 had set that out to be a hundred dollars a month.
24 THE COURT: Hundred dollars a month. If you can pay
25 more, great. Tell yourself you get off probation earlier. But
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 40 of 46 PageID 351
40
1 that's a minimum.
2 There is no fine so that the money is used to pay
3 restitution. Forfeiture order has already been signed.
4 She has a 300-dollar special assessment, which is due
5 immediately.
6 I've already given the reasons for the sentence and
7 the 3553(a)(1) through (7) factors. I find that sentence is
8 sufficient, but not greater than necessary, to comply with the
9 statutory purposes of sentencing.
10 I've accepted the plea agreement because I'm
11 satisfied it adequately reflects the seriousness of the actual
12 offense and accepting the plea agreement will not undermine the
13 statutory purposes of sentencing.
14 According to her plea agreement, Counts 4 through 7
15 are dismissed.
16 I already told her about her right to appeal.
17 And so that's that with her. Have I forgot anything
18 with her?
19 THE PROBATION OFFICER: No, Your Honor.
20 THE COURT: All right. So only thing I have left is
21 back to Mr. Casseus, and I said he was going to be going to
22 jail or prison here.
23 On the negative factors, it was a lot of money stolen
24 here. He knew what he was doing. He's a businessman. He knew
25 after he got into it that he shouldn't have done it. And then
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 41 of 46 PageID 352
41
1 he did it more than once also. It wasn't a one-time thing,
2 some friend told him to do it and he did it and he stopped. He
3 did it more that be once. So that's not good. He knew it was
4 wrong. He knew he had a family that he had to take care of,
5 and he was jeopardizing his ability to do that by committing a
6 crime. So that's bad.
7 And the total loss amount, we've gotten it down to a
8 real number. But the number under the Federal Sentencing
9 Guidelines is pretty high. And so that's a serious offense in
10 terms of the Sentencing Guidelines.
11 On the positive side, doesn't have a record to speak
12 of. Paid most of the money back in one way or another. Like I
13 said with her, the money was not blown on, for the most part,
14 luxury items. It was used for day-to-day stuff and trying to
15 do some businesses, I agree with that. He cooperated, accepted
16 responsibility. Like her, he's an industrious guy. How many
17 businesses are you involved?
18 DEFENDANT CASSEUS: Me?
19 THE COURT: Yeah.
20 DEFENDANT CASSEUS: More than two business.
21 THE COURT: Yeah. Which is taking advantage of the
22 American freedom of our system. He works hard to support a
23 family, for the most part, as far as I can tell.
24 So the question is, she's getting no time behind
25 bars, because he was the -- he was the force on this thing.
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 42 of 46 PageID 353
42
1 But you've got -- he's got to do some time. There has to be a
2 punishment. I'm not doing house arrest. But I'm going to go
3 pretty low on this and say 24 months, 24 months, which is also
4 a below-Guideline sentence. But I can't go any lower than
5 that. You can turn yourself in in 30 days.
6 What's the turn-in date?
7 THE COURTROOM DEPUTY: November 21st.
8 THE COURT: November 21st, turn yourself in. She'll
9 tell you how to do it. You need to do that time, get it over
10 with, and you'll get out and go back to your family. But there
11 has to be a punishment aspect to this, because there's too much
12 money involved.
13 THE PROBATION OFFICER: Your Honor, may I --
14 THE COURT: Yes.
15 (Bench Conference off the record.)
16 THE COURT: So we just have a terminology problem.
17 Listen to this carefully now. Ms. Manuel's sentence is not
18 probation. It's time served followed by everything I said as
19 supervised release. That's just a distinction under the
20 federal terminology. Okay?
21 Go ahead and say anything you want to say,
22 objections, such. Go ahead. Government objects to the
23 below-Guideline sentences for both defendants.
24 MS. VIACAVA: The government objects to the
25 below-Guideline sentence. Additionally, the government would
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 43 of 46 PageID 354
43
1 request to make it clear for the judgment, as is required, that
2 for Mr. Casseus that Document 42, the forfeiture, be made part
3 of the judgment, and for Ms. Manuel, the documents for
4 forfeiture, Document 44 and 53, be made part of the judgment.
5 THE COURT: Okay.
6 MS. VIACAVA: Thank you.
7 THE COURT: Go ahead. Defense, make your objections.
8 MS. BOZANIC: Judge, as far as -- first of all, with
9 respect for Thanksgiving, but that's not the issue, Mr. Casseus
10 is asking for more time, so he can get his family -- they have
11 to move out of this house. He's asking for 60 days so he can
12 make sure his wife and all the kids --
13 THE COURT: How much, when?
14 MS. BOZANIC: Sixty days, Your Honor.
15 THE COURT: Then it goes on Christmas.
16 MS. BOZANIC: I know. That's right before Christmas
17 and it's right before Thanksgiving. But she's --
18 THE COURT: Fine. Fine. Fine. I'll do 60. That's
19 fine.
20 MS. BOZANIC: Judge, that's one thing.
21 The other thing I would ask is for the RDAP
22 recommendation and the Middle District of Florida as close as
23 possible.
24 THE COURT: He's not going to qualify for that.
25 MS. BOZANIC: The 24 months, I think he gets six
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 44 of 46 PageID 355
44
1 months off.
2 The other thing, Judge, I wanted to bring up, and not
3 to go back on your ruling, but if you were to add the two
4 points that he would be eligible for in November, his
5 Guidelines would be 24 months, which is about --
6 THE COURT: All right. So --
7 MS. BOZANIC: If Your Honor intended to do any
8 additional variance, I would ask possibly that Your Honor apply
9 the additional variance.
10 THE COURT: No. Because, ultimately, we know under
11 the Federal Sentencing Guidelines, they're just Guidelines.
12 And so I do what I'm required to do under the law, which is
13 give people what I think they deserve, using the Guidelines as
14 a guideline. And I think that's what he deserves here. If
15 there were -- I should say this. If there were no Guidelines,
16 I gave them both what I think they actually deserve.
17 MS. BOZANIC: Fair enough.
18 THE COURT: So I think that's -- that's the valid
19 point, but that's my answer to it, so --
20 MS. BOZANIC: Yes, Your Honor.
21 THE COURT: -- I think that's the right outcome for
22 everybody.
23 THE PROBATION OFFICER: Just for clarity purposes,
24 since Ms. Manuel is being sentenced to a term of supervised
25 release, all the conditions you formerly imposed --
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 45 of 46 PageID 356
45
1 THE COURT: Yeah, yeah, yeah. It's all the same.
2 THE PROBATION OFFICER: Thank you.
3 MS. BOZANIC: Judge, I would ask for the RDAP
4 recommendation. I think when you have a 24 sentence, you get
5 six months off, the last time I checked.
6 THE COURT: But you've got to have a serious drug
7 problem for RDAP. He doesn't have a drug problem.
8 MS. BOZANIC: You have to have a drug or alcohol
9 problem. I think there's some basis for it in the PSI, but
10 it's up to them.
11 THE COURT: Yeah. So that's what I'm saying. He's
12 not going to qualify for it. He doesn't have that kind of a
13 problem.
14 MS. BOZANIC: Judge, the Middle District of Florida,
15 would you allow that recommendation?
16 THE COURT: Yes.
17 MS. BOZANIC: For him to serve as close as possible?
18 THE COURT: Yes. Yes. Good luck.
19 MS. BOZANIC: Thank you, Your Honor.
20 THE COURT: Good luck. Thank you.
21 (Proceedings adjourned at 10:01 a.m.)
22
23
24
25
UNITED STATES DISTRICT COURT
Case 2:23-cr-00009-KCD-DNF Document 72 Filed 03/08/24 Page 46 of 46 PageID 357
46
1 CERTIFICATE OF REPORTER
2 STATE OF FLORIDA
3 COUNTY OF HILLSBOROUGH
4 I, Rebekah M. Lockwood, RDR, CRR, do hereby certify
5 that I was authorized to and did stenographically report the
6 foregoing proceedings; and that the foregoing pages constitute
7 a true and complete computer-aided transcription of my original
8 stenographic notes to the best of my knowledge, skill, and
9 ability.
10 I further certify that I am not a relative, employee,
11 attorney, or counsel of any of the parties, nor am I a relative
12 or employee of any of the parties' attorneys or counsel
13 connected with the action, nor am I financially interested in
14 the action.
15 IN WITNESS WHEREOF, I have hereunto set my hand at Tampa,
16 Hillsborough County, Florida, this 8th day of March 2024.
17
18
19
20
_______________________________
21 REBEKAH M. LOCKWOOD, RDR, CRR
Official Court Reporter
22 United States District Court
Middle District of Florida
23
24
25
File and source
- File
- gov.uscourts.flmd.410213.72.0.pdf
- Size
- 508,798 bytes
- SHA-256
- 23e963cf1c8337303a45b122869f44eeb7c07ed0ada42dc873901e0a2f9da0c8
- Original
- PACER (login required)