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Home Court filings USA v. Thomas et al — Carla Jackson judgment, N.D. Ga. Transcript of Change of Plea Proceedings — John Gaines

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Transcript of Change of Plea Proceedings — John Gaines

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Official transcript of the change of plea proceedings in United States v. John Gaines, Docket No. 1:20-CR-00296-JPB, in the United States District Court for the Northern District of Georgia, Atlanta Division, before the Honorable J.P. Boulee on January 31, 2024, filed February 12, 2024, as Document 919. The Court reviews the rights Gaines gives up by pleading guilty, and Tal Chaiken for the United States reviews the Guilty Plea and Plea Agreement paragraph by paragraph. Chaiken states that the remaining counts will be dismissed on entry of the plea, that the agreement provides for restitution of $806,710 plus applicable interest to Cross River Bank and the Small Business Administration and a special assessment of $100, and that paragraph 31 sets out an appeal waiver.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

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“Transcript of Change of Plea Proceedings — John Gaines.” Original at ecf.gand.uscourts.gov, No. 1:20-cr-00296-JPB-CMS, Doc. 919. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/us-v-dixon/2024-01-31-change-of-plea-transcript-dkt-919/, SHA-256 50e7a294f1a9876d4f6511982f2bb1af2eb801043d46ad9e6e3d1c9b0057e97a.

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Case 1:20-cr-00296-JPB-CMS   Document 919   Filed 02/12/24   Page 1 of 27




              THE FOLLOWING IS THE PDF OF AN OFFICIAL

TRANSCRIPT.   OFFICIAL TRANSCRIPTS MAY ONLY BE FILED IN CM/ECF

BY THE OFFICIAL COURT REPORTER AND WILL BE RESTRICTED IN

CM/ECF FOR A PERIOD OF 90 DAYS.      YOU MAY CITE TO A PORTION OF

THE ATTACHED TRANSCRIPT BY THE DOCKET ENTRY NUMBER,

REFERENCING PAGE AND LINE NUMBER, ONLY AFTER THE COURT

REPORTER HAS FILED THE OFFICIAL TRANSCRIPT; HOWEVER, YOU ARE

PROHIBITED FROM ATTACHING A FULL OR PARTIAL TRANSCRIPT TO ANY

DOCUMENT FILED WITH THE COURT.
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                                                                                 1



 1                        UNITED STATES DISTRICT COURT
                    FOR THE NORTHERN DISTRICT OF GEORGIA
 2                            ATLANTA DIVISION

 3
 4   UNITED STATES OF AMERICA,       )
                                     )
 5                                   )
        -VS-                         ) DOCKET NO. 1:20-CR-00296-JPB
 6                                   )
     JOHN GAINES,                    )
 7                                   )
               DEFENDANT.            )
 8
 9                TRANSCRIPT OF CHANGE OF PLEA PROCEEDINGS
                      BEFORE THE HONORABLE J.P. BOULEE
10                      UNITED STATES DISTRICT JUDGE
                              JANUARY 31, 2024
11
12
13
14   APPEARANCES:

15   ON BEHALF OF THE GOVERNMENT:
             TAL CHAIKEN, ESQ.
16           SAMIR KAUSHAL, ESQ.
             BABASIJIBOMI MOORE, ESQ.
17           ASSISTANT UNITED STATES ATTORNEYS

18
     ON BEHALF OF THE DEFENDANT:
19           DEANA TIMBERLAKE-WILEY, ESQ.

20
21
22
     STENOGRAPHICALLY RECORDED BY:
23
                       PENNY PRITTY COUDRIET, RMR, CRR
24                         OFFICIAL COURT REPORTER
                        UNITED STATES DISTRICT COURT
25                            ATLANTA, GEORGIA


           UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT
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 1   (PROCEEDINGS HELD IN OPEN COURT AT 11:38 AM, ATLANTA, GEORGIA)

 2              COURTROOM DEPUTY CLERK:     The Court has set aside time

 3   for A change of plea in United States v. John Gaines, Case

 4   Number 1:20-CR-296.

 5              Counsel, will you please make your appearances for

 6   the record.

 7              MS. CHAIKEN:   Good morning, your Honor.           Tal Chaiken

 8   for the United States.       Seated with me at counsel table is my

 9   co-counsel Samir Kaushal and Siji Moore.         Seated behind us are

10   FBI Special Agents Joe Stites and Stefan Bublitz.

11              MS. TIMBERLAKE-WILEY:     Good morning, your Honor.           My

12   name is Deana Timberlake-Wiley, and I have the pleasure of

13   representing Mr. John Gaines who is seated at the table here

14   with me.

15              THE COURT:   Good to see all of you this morning.

16              If we can please swear in the defendant.

17                    (The defendant was duly sworn)

18              THE COURT:   Ms. Chaiken, if you can please verify the

19   signatures on the plea agreement.

20              MS. CHAIKEN:   Yes, your Honor.

21              Good morning, Mr. Gaines, I'm showing you a document

22   that's entitled "Guilty Plea and Plea Agreement."             Have you

23   had an opportunity to review this document with your attorney?

24              THE DEFENDANT:     Yes.

25              MS. CHAIKEN:   Turning to page 14 of this document, on


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 1   the right side above where it says your name, is that your

 2   signature?

 3            THE DEFENDANT:      Yes.

 4            MS. CHAIKEN:     And, Ms. Timberlake-Wiley, on the left

 5   side above where it says your name, is that your signature?

 6            MS. TIMBERLAKE-WILEY:       Yes, ma'am.

 7            MS. CHAIKEN:     Your Honor, page 14 is also signed by

 8   myself, approving official Stephen H. McClain and Siji Moore.

 9            Turning to page 15, Mr. Gaines, is that your

10   signature above where it says your name?

11            THE DEFENDANT:      Yes.

12            MS. CHAIKEN:     Turning to page 16,

13   Ms. Timberlake-Wiley, is that your signature above where it

14   says your name?

15            MS. TIMBERLAKE-WILEY:       Yes.

16            MS. CHAIKEN:     Your Honor, may I tender the plea

17   agreement?

18            THE COURT:    Yes.    Thank you.

19            Mr. Gaines, before I can accept your plea of guilty,

20   I need to go over several matters with you.          As we go through

21   this process, if anything I state is unclear, let me know and

22   I will repeat or rephrase it for you.        It's important that you

23   understand not only my statements to you but also my

24   questions.   You need to understand my questions so you can

25   answer them truthfully.      A failure to truthfully answer any


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 1   question can result in additional charges being brought

 2   against you.

 3               Also, as I ask questions, please answer the questions

 4   out loud.     This will allow the court reporter to take down

 5   your responses so we can have an accurate record of these

 6   proceedings.

 7               Do you understand, sir?

 8               THE DEFENDANT:     Yes.

 9               THE COURT:    How old are you and how far did you go in

10   school?

11               THE DEFENDANT:     58.    And I got an EdS in education.

12               THE COURT:    In the last 24 hours have you taken any

13   drugs, medicine, pills or had any alcoholic beverages to

14   drink?

15               THE DEFENDANT:     No.

16               THE COURT:    Have you been treated recently for any

17   mental illness or addiction to alcohol or drugs?

18               THE DEFENDANT:     No.

19               THE COURT:    And, Ms. Timberlake-Wiley, are you aware

20   of any issues regarding your client's competence to enter a

21   plea this morning?

22               MS. TIMBERLAKE-WILEY:       No, your Honor.

23               THE COURT:    Sir, I'm now going to review with you the

24   rights you're guaranteed under the Constitution and laws of

25   the United States.       I want to be sure that you understand your


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 1   rights and that by entering this plea of guilty you're giving

 2   up many of these rights.

 3               Do you understand, first off, that you have the right

 4   to plead not guilty and have a trial by jury?

 5               THE DEFENDANT:     Yes.

 6               THE COURT:    Do you understand that you're entitled to

 7   a speedy and public trial on the charges against you?

 8               THE DEFENDANT:     Yes.

 9               THE COURT:    Do you understand that you have the right

10   to be represented by an attorney throughout all proceedings

11   and that if you cannot afford an attorney, one will be

12   appointed to represent you at no cost to you?

13               THE DEFENDANT:     Yes.

14               THE COURT:    Do you understand if you pled not guilty

15   and went to trial, at the trial you would presumed to be

16   innocent and the government would have to overcome that

17   presumption and prove you guilty beyond a reasonable doubt?

18               THE DEFENDANT:     Yes.

19               THE COURT:    Do you understand at a trial you would

20   not have to prove you're innocent because the burden would be

21   on the government to prove you guilty beyond a reasonable

22   doubt?

23               THE DEFENDANT:     Yes.

24               THE COURT:    Do you understand that at a trial you

25   would have the right to subpoena witnesses which would be an


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 1   order from the Court compelling their appearance at trial to

 2   testify on your behalf?

 3            THE DEFENDANT:      Yes.

 4            THE COURT:     Do you understand that during a trial

 5   witnesses for the government must come to court and testify in

 6   your presence?

 7            THE DEFENDANT:      Yes.

 8            THE COURT:     Do you understand that your attorney

 9   would have the opportunity to cross-examine the witnesses for

10   the government, object to evidence offered by the government,

11   and offer evidence on your behalf?

12            THE DEFENDANT:      Yes.

13            THE COURT:     Do you understand that at a trial, while

14   you would have the right to testify if you chose to do so, you

15   would also have the right not to testify?

16            THE DEFENDANT:      Yes.

17            THE COURT:     Do you understand if you chose not to

18   testify or put on any evidence, those facts could not be used

19   against you?

20            THE DEFENDANT:      Yes.

21            THE COURT:     Do you understand that in order to

22   convict you at a trial the jury would have to reach a

23   unanimous verdict that you were guilty of the crimes with

24   which you're charged?

25            THE DEFENDANT:      Yes.


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 1              THE COURT:   If I accept your plea of guilty, you will

 2   not have a trial and a jury will not decide your guilt, but I

 3   will find you're guilty of the charge based on your admission

 4   that you're guilty.     Do you understand?

 5              THE DEFENDANT:    Yes.

 6              THE COURT:   Are you willing to give up your right to

 7   a trial and proceed with the plea of guilty at this time?

 8              THE DEFENDANT:    Yes.

 9              THE COURT:   You earlier verified your signature on

10   the plea agreement that you entered into with the government.

11   In a moment I will ask the Assistant US Attorney to review the

12   terms of the plea agreement, other than factual basis for the

13   plea and potential penalties, which we will discuss a bit

14   later in this proceeding.

15              After that I will be asking you whether the agreement

16   as presented accurately reflects your understanding of the

17   agreement that you've reached with the government?

18              Ms. Chaiken.

19              MS. CHAIKEN:   Thank you, your Honor.

20              The plea agreement sets forth that Mr. Gaines is

21   pleading guilty because he is, in fact, guilty of the offense

22   charged.

23              Paragraphs two through six set forth an

24   acknowledgment and a waiver of the rights that the Court just

25   reviewed with Mr. Gaines.


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 1               Paragraphs seven through nine set forth an

 2   acknowledgment of the penalties that I understand we'll review

 3   shortly.

 4               According to paragraph 11, the remaining counts that

 5   are pending against Mr. Gaines will be dismissed on entry of

 6   his plea.

 7               Paragraph 12, the US Attorney for the Northern

 8   District of Georgia agrees not to bring further charges

 9   against Mr. Gaines related to the charges to which he's

10   pleading guilty.

11               Paragraphs 13 through 15 set forth a series of

12   guideline stipulations, specifically that the applicable

13   offense guideline is 2S1.1(a)(1), that the offense level for

14   the underlying offense is 21 under Section 2B1.1 because the

15   base offense level is 7, and a 14-level upward adjustment

16   applies for amount of loss, between $550,000 and $1.5 million.

17               The two-level upward adjustment will apply under

18   Section 2S1.1 (b)(2)(B) because Mr. Gaines is pleading guilty

19   to a money laundering offense under Section 1956.

20               A two-level adjustment under Section 2S1.1(b)(3) will

21   not apply for sophisticated laundering.

22               And a three-level upward adjustment will apply

23   pursuant to Section 3B1.1(b) for Mr. Gaines' role in the

24   offense because he was a manager or supervisor and the

25   criminal activity involved five or more participants.


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 1             In paragraph 16 the government agrees to recommend a

 2   two-level downward adjustment for acceptance of responsibility

 3   subject to exceptions set forth in that paragraph, including

 4   if the defendant engages in conduct inconsistent with

 5   acceptance of responsibility.

 6             Paragraph 17 sets forth the parties' understanding

 7   that each party reserves the right to make recommendations for

 8   sentencing and that there are no agreements on the guidelines

 9   other than those that are set forth in the plea agreement.

10             In paragraph 18 the government reserves the right to

11   modify its sentencing recommendation if it receives additional

12   information that bears on its sentencing recommendation.

13             In paragraph 19 the government agrees to recommend a

14   sentence within the adjusted guideline range so long as the

15   defendant does not engage in conduct inconsistent with

16   acceptance of responsibility.

17             Paragraph 20, the government agrees to make no

18   specific recommendation as to the fine to be imposed.

19             Paragraph 21, Mr. Gaines agrees to pay $806,710 plus

20   applicable interest in restitution to Cross River Bank and the

21   Small Business Administration in the amount set forth in that

22   paragraph.

23             In paragraphs 22 and 23 Mr. Gaines agrees to

24   forfeiture of any assets that have been seized in connection

25   with this case.


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 1             In paragraph 24 Mr. Gaines agrees to pay a special

 2   assessment of $100.

 3             In paragraphs 25 through 29 Mr. Gaines agrees to

 4   cooperate fully in the collection of any restitution or fine

 5   that's imposed pursuant to the terms that are set forth in

 6   those paragraphs.

 7             In paragraph 30 Mr. Gaines provides that he

 8   understands that the recommendations in the plea agreement are

 9   not binding on the Court.

10             Paragraph 31 sets forth appeal waiver, which I would

11   like to read in full into the record.

12             THE COURT:    Go ahead.

13             MS. CHAIKEN:       Thank you.

14             To the maximum extent permitted by federal law, the

15   defendant voluntarily and expressly waives the right to appeal

16   his conviction and sentence and the right to collaterally

17   attack his conviction and sentence in any post-conviction

18   proceeding, including but not limited to motions filed

19   pursuant to 28 USC, Section 2255 on any ground except that the

20   defendant may file a direct appeal of an upward departure or

21   upward variance above the sentencing guidelines range as

22   calculated by the district court.

23             Claims that the defendant's counsel rendered

24   constitutionally ineffective assistance are excepted from this

25   waiver.


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 1             The defendant understands that this plea agreement

 2   does not limit the government's right to appeal, but if the

 3   government initiates a direct appeal of the sentence imposed,

 4   the defendant may file a cross-appeal of the same sentence.

 5             And paragraph 32 sets forth FOIA and Privacy Act

 6   waiver.

 7             And paragraph 33 sets forth that there are no other

 8   agreements between the parties other than this plea agreement.

 9             THE COURT:    All right.     Thank you.

10             Mr. Gaines, does that accurately reflect the

11   agreement that you believe you've reached with the government?

12             THE DEFENDANT:     Yes.

13             THE COURT:    And she read to you about your appeal

14   rights in paragraph 31 and the three circumstances in which

15   you might be able to appeal, but do you understand that you

16   otherwise will have no right of appeal and will be essentially

17   bound by my decision at sentencing?

18             THE DEFENDANT:     Yes.

19             THE COURT:    And, Ms. Timberlake-Wiley, have you

20   reviewed those rights regarding waiver of appeal with your

21   client such that you're comfortable he understands both his

22   rights and waiver of those rights?

23             MS. TIMBERLAKE-WILEY:       Yes, your Honor, I have.

24             THE COURT:    And, Mr. Gaines, do you understand that

25   any provisions in the agreement regarding recommendations to


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 1   be made by the government are not binding on the Court?               In

 2   other words, if I choose not to follow some recommendation

 3   that the government makes, do you understand that you will

 4   still be bound by your plea of guilty and would not be

 5   entitled to withdraw the plea based on the Court not following

 6   the recommendation?

 7             THE DEFENDANT:     Yes.

 8             THE COURT:    Is this the only agreement that you've

 9   entered into with the government?

10             THE DEFENDANT:     Yes.

11             THE COURT:    Other than the terms of this agreement,

12   has any promise of any kind been made to cause you to plead

13   guilty?

14             THE DEFENDANT:     No.

15             THE COURT:    And per the terms of the plea agreement,

16   the US Attorney for the Northern District of Georgia has

17   agreed not to bring any additional charges related to the

18   offense to which you're pleading guilty.          Other than those

19   terms, has anyone threatened or forced you to plead guilty or

20   told you that if you do not plead guilty, further charges will

21   be brought against you or other adverse action taken against

22   you?

23             THE DEFENDANT:     No.

24             THE COURT:    And, Ms. Timberlake-Wiley, are you aware

25   of any plea agreement or promise being made to your client


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 1   other than what's been discussed here in court?

 2             MS. TIMBERLAKE-WILEY:       No, your Honor.

 3             THE COURT:    In a moment I will ask Ms. Chaiken to

 4   state the elements -- excuse me -- to state the elements of

 5   the offense to which you're pleading guilty.           The elements of

 6   the offense are those matters that the government must prove

 7   beyond a reasonable doubt in order to convict you of the

 8   charge.

 9             Ms. Chaiken.

10             MS. CHAIKEN:       Thank you, your Honor.

11             Mr. Gaines is pleading guilty to Count 47 of the

12   second superseding indictment which charges money laundering

13   in violation of Title 18 United States Code,

14   Section 1956(a)(1)(B)(i) and Section 2.

15             The elements of that offense are as follows:

16             One, the defendant knowingly conducted or tried to

17   conduct a financial transaction;

18             Two, the defendant knew that the money or property

19   involved in the transaction were proceeds of some kind of

20   unlawful activity;

21             Three, money or property did come from an unlawful

22   activity, specifically wire fraud;

23             And, four, the defendant knew that the transaction

24   was designed in whole or in part to conceal or disguise the

25   nature, location, source, ownership or control of the


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 1   proceeds.

 2               THE COURT:   All right.    Thank you.

 3               And, Mr. Gaines, do you understand that those are the

 4   elements that the government would have to prove beyond a

 5   reasonable doubt in order to convict you of the charge?

 6               THE DEFENDANT:    Yes.

 7               THE COURT:   In a moment I'll ask the Assistant US

 8   Attorney to summarize the evidence the government would expect

 9   to present at trial to prove each of these elements.             In other

10   words, these are what the government contends are the facts of

11   the case.    It's necessary for the government to state these

12   facts because I must determine whether there's a factual basis

13   for you to enter a plea of guilty.

14               After this statement, I will ask you whether you

15   disagree with any facts stated by the prosecutor.             If you do,

16   tell me and we will discuss those facts at that time.

17               Ms. Chaiken.

18               MS. CHAIKEN:     Thank you, your Honor.

19               If this case were to go to trial, the United States

20   would prove by admissible evidence and beyond a reasonable

21   doubt the following facts:

22               The Paycheck Protection Program, known as the PPP,

23   was authorized as part of the Coronavirus, Aid, Relief and

24   Economic Security Act to provide forgivable loans to eligible

25   small businesses.


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 1             Under the PPP small businesses could apply for loans

 2   that must be used for payroll expenses, interest on mortgage,

 3   rent and/or utilities.

 4             The amount of a PPP loan that a business could

 5   receive was generally two-and-a-half times the business's

 6   average monthly payroll cost.

 7             While the United States Small Business Administration

 8   oversaw the PPP, individual PPP loans were issued by private

 9   approved lenders, including Cross River Bank, an FDIC insured

10   financial institution based in Fort Lee, New Jersey.

11             The PPP borrower application form asks the applicant

12   to provide information related to their loan application,

13   including the amount of the business's average monthly

14   payroll, the number of the business's employees and the

15   purpose of the loan with options for payroll, lease and

16   mortgage interest, utilities and/or other.          The lender then

17   used this information to calculate the amount of the loan that

18   the business was eligible to receive.

19             The application form also included certain

20   representations and certifications, including certifications

21   as to the accuracy of the information included in the

22   application itself and in any supporting documents and a

23   certification that the funds would be used to retain workers

24   and maintain payroll or to make mortgage interest payments,

25   lease payments and utility payments.


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 1               Defendant John Gaines, who at all relevant times was

 2   in the Northern District of Georgia, was a relative of Andre

 3   Gaines, who owned a Georgia company called Gaines Reservation

 4   & Travel.

 5               On or around May 18th, 2020, Gaines Reservation

 6   submitted a PPP loan application.         In the PPP loan application

 7   Gaines Reservation represented that it had 69 employees and

 8   $322,684 in average monthly payroll and that the purpose of

 9   the loan was payroll, lease or mortgage interest and

10   utilities.

11               To support these payroll figures Gaines Reservation

12   submitted IRS Form 941s for Gaines Reservation for each

13   quarter of 2019, and a JPMorgan Chase bank statement for

14   Gaines Reservation for February 2020.

15               The documents submitted with Gaines Reservation's PPP

16   loan application were fabricated.         The IRS confirmed that

17   Gaines Reservation did not file a Form 941 for any quarter in

18   2019.    And bank records for Gaines Reservation show that the

19   bank statement submitted with the PPP loan application was

20   fake.    In reality, Gaines Reservation did not have any

21   employees or any monthly payroll costs.

22               Based on the false representation in Gaines

23   Reservation's PPP application and the fabricated supporting

24   documents, Cross River Bank issued an $806,710 PPP loan to

25   Gaines Reservation.


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 1             John Gaines, using his alias Marty Gaines, worked

 2   with Darrell Thomas and others to obtain Gaines Reservation's

 3   fraudulent PPP loan.      E-mails would shown that Defendant

 4   Gaines e-mailed a person who makes fake documents for him and

 5   asked that person to create fake bank statements for Gaines

 6   Reservation that would show payroll withdrawals.

 7             Defendant Gaines then sent multiple fabricated bank

 8   statements to Darrell Thomas, and one of those bank statements

 9   was submitted with Gaines Reservation's PPP loan application.

10             Defendant Gaines also e-mailed various other

11   documents to Darrell Thomas related to Gaines Reservation,

12   including a PPP application form that left the number of

13   employees and the amount of payroll blank so that Darrell

14   Thomas and others working with him could fill in those blanks

15   with fake numbers.

16             After the PPP loan money was deposited into Gaines

17   Reservation's bank account, on which Defendant Gaines was a

18   signer, Defendant Gaines directed various financial

19   transactions to make it look like Gaines Reservation was

20   making payments for payroll and rent which are approved

21   expenses under the PPP.

22             For example, on June 22nd, 2020, Defendant Gaines

23   caused a wire transfer to be sent from Gaines Reservation to a

24   company called Management Resource Services in the amount of

25   $179,985.72.    The purpose of the transfer was listed as


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 1   payroll services.     In reality, however, Gaines Reservation had

 2   no payroll and the purpose of the transfer was not payroll

 3   services.    Instead, the transfer was designed to conceal the

 4   location, nature and source of the fraudulently obtained PPP

 5   loan proceeds by making them appear to be spent on payroll

 6   while sending them to an account controlled by Mr. Gaines'

 7   ex-wife, Carla Jackson.

 8               THE COURT:   Thank you.

 9               Mr. Gaines, do you disagree with any of the facts as

10   stated by the Assistant US Attorney?

11               MS. TIMBERLAKE-WILEY:     Your Honor, we don't disagree

12   but we do have just a clarification.

13               THE COURT:   Sure.

14               MS. TIMBERLAKE-WILEY:     In the beginning where

15   Prosecutor Chaiken stated that Mr. Gaines was a relative of

16   Andre Gaines who owned a Georgia company, we just want to make

17   it clear that Andre Gaines owned the Gaines Reservation &

18   Travel.   That's just important to my client that that be

19   stated.

20               And also in the last paragraph where the prosecutor

21   stated that Mr. Gaines caused the wire transfer to be sent, we

22   don't dispute that, but the wire transfer was actually sent by

23   Co-Defendant Andre Gaines.

24               THE COURT:   Very well.

25               Mr. Gaines, with those caveats by your client (sic),


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 1   do you disagree with anything else that the Assistant US

 2   Attorney said?

 3               THE DEFENDANT:     No.

 4               THE COURT:    Very well.

 5               Do you admit each of the elements she listed earlier?

 6               THE DEFENDANT:     I beg your pardon?

 7               THE COURT:    Do you admit each of the elements of the

 8   offense she listed earlier?

 9               THE DEFENDANT:     Oh, yes.

10               THE COURT:    And, Ms. Chaiken, if you can please state

11   the potential penalties the defendant faces for the charge,

12   including the maximum penalties and any mandatory minimums.

13               MS. CHAIKEN:     Yes, your Honor.

14               As to Count 47, the maximum term of imprisonment is

15   20 years.     There is no mandatory minimum term of imprisonment.

16   The authorized term of supervised release is zero to three

17   years.     The maximum fine is $500,000, or twice the value of

18   the property involved in the transaction, whichever is

19   greatest, due and payable immediately.           And then there's also

20   full restitution due immediately, a mandatory special

21   assessment of $100 and forfeiture of any and all proceeds from

22   the commission of the offense, any and all property used or

23   intended to be used to facilitate the offense and any property

24   involved in the offense.

25               THE COURT:    All right.     Thank you.


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                                                                               20



 1             Mr. Gaines, do you understand those are the possible

 2   penalties you can receive in this case?

 3             THE DEFENDANT:     Yes.

 4             THE COURT:    Do you understand that it's not possible

 5   for me to state to you today what your sentence will be?

 6             THE DEFENDANT:     Yes.

 7             THE COURT:    Do you understand that in deciding your

 8   sentence I will consider sentencing guidelines and that the

 9   guidelines are advisory, which means I have the discretion to

10   impose a sentence that is either within the guidelines,

11   greater than the guidelines or less than the guidelines?

12             THE DEFENDANT:     Yes.

13             THE COURT:    In the plea agreement -- excuse me.

14             In the plea agreement that was reviewed with you

15   earlier -- we discussed that waiver of appeal already.              So

16   strike that.

17             Do you understand that parole has been abolished in

18   the federal system and that if you're sentenced to prison, you

19   will not be released early on parole?

20             THE DEFENDANT:     Yes.

21             THE COURT:    Do you understand that you may be

22   sentenced to a term of supervised release that will follow any

23   term of imprisonment and will include rules governing your

24   conduct that if you violate could result in more time in

25   prison?


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                                                                               21



 1             THE DEFENDANT:      Yes.

 2             THE COURT:    And do you understand that you may be

 3   ordered to pay restitution to any victims of the offense?

 4             THE DEFENDANT:      Yes.

 5             THE COURT:    Are you a citizen of the US Government,

 6   sir?   Are you a US citizen?

 7             THE DEFENDANT:      Yes.

 8             THE COURT:    Ms. Chaiken and Ms. Timberlake-Wiley, is

 9   there any forfeiture at issue?

10             MS. CHAIKEN:       Your Honor, there were funds that were

11   seized from accounts on which -- or at least one account on

12   which Mr. Gaines is a signer, but our understanding is that

13   that amount has already been forfeited through the judicial

14   process, which is why it's not specifically identified as a

15   forfeiture.

16             THE COURT:    Very well.

17             Sir, is there anything we've talked about today that

18   you do not feel that you fully understand?

19             THE DEFENDANT:      No.

20             THE COURT:    Have you had a sufficient opportunity to

21   talk about your case with your attorney and have your attorney

22   answer any questions that you have before entering your plea?

23             THE DEFENDANT:      Yes.

24             THE COURT:    Are you satisfied with the representation

25   that your attorney has provided to you?


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                                                                                 22



 1              THE DEFENDANT:     Yes.

 2              THE COURT:    How do you plea to Count 47 of the

 3   indictment?

 4              THE DEFENDANT:     Guilty.

 5              THE COURT:    Ms. Timberlake-Wiley, do you feel that

 6   you've had a sufficient opportunity to investigate your

 7   client's case and advise him concerning the entry of this

 8   plea?

 9              MS. TIMBERLAKE-WILEY:       Yes, your Honor.

10              THE COURT:    Are you aware of any reason I should not

11   accept the plea?

12              MS. TIMBERLAKE-WILEY:       No, your Honor.

13              THE COURT:    Is there anything else that you want me

14   to address with your client on the record at this time?

15              MS. TIMBERLAKE-WILEY:       No, your Honor.

16              THE COURT:    And, Ms. Chaiken, is there anything

17   further that the government wishes the Court to address at

18   this time?

19              MS. CHAIKEN:      No, your Honor.     Thank you.

20              THE COURT:    Does the government object to the

21   defendant remaining on bond subject to the previous

22   conditions?

23              MS. CHAIKEN:      No, your Honor.

24              THE COURT:    I find that the defendant understands the

25   charge and the consequences of the plea.


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                                                                               23



 1              I've observed the defendant during this proceeding

 2   and he does not appear to be under the influence of any

 3   substance that might affect his judgment or actions in any

 4   manner.

 5              The Court finds that the plea has a factual basis and

 6   is free of any coercive influence of any kind.

 7              I find that there have been no promises made to the

 8   defendant except those set out in the plea agreement.

 9              I find that the defendant is competent to understand

10   these proceedings and enter a knowing plea of guilty.

11              I find that the plea is freely and voluntarily

12   entered.

13              It's, therefore, ordered that the plea of guilty of

14   the defendant to Count 47 of the indictment is accepted and

15   entered.

16              Mr. Gaines, you are hereby adjudged guilty of the

17   charge contained in Count 47 of the indictment.

18              I'll now be referring your case to a probation

19   officer who will prepare a presentence report.           Before I

20   receive the report, sir, you and your attorney will receive a

21   copy of the report and will have an opportunity to object to

22   any findings in the report.

23              At your sentencing hearing I will hear from the

24   government and any witnesses that it wishes to present, and

25   from you, your attorney, and any witnesses that you wish to


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                                                                                 24



 1   present.

 2              At that time I will decide the proper sentence in

 3   your case.

 4              Do you understand?

 5              THE DEFENDANT:     Yes.

 6              THE COURT:   Counsel, let me now give you some

 7   instructions but these will all be included in the notice of

 8   sentencing that will be filed on the docket.

 9              If either party requests a departure or a variance or

10   if there's a disputed guidelines issue, I require a sentencing

11   memo to be filed ten business days before the sentencing

12   hearing, the date of which will be provided to you later by

13   Ms. Lee.

14              Responses are mandatory and must be filed five

15   business days before the hearing.

16              In the event that the parties agree on the

17   appropriate sentence, please inform the Court no later than

18   five business days in advance of the hearing.

19              Counsel, is there anything else from either side?

20              MS. CHAIKEN:      No, your Honor.     Thank you.

21              MS. TIMBERLAKE-WILEY:      No, your Honor.

22              THE COURT:   All right.     Good to see all of you.

23              Ms. Lee, thank you.

24              Ms. Coudriet, thank you.

25              Officer, I appreciate your help this morning, I guess


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                                                                                25



 1   now this afternoon as well.

 2             Mr. Gaines, you have taken responsibility for your

 3   actions this morning.        As I'm sure your attorney has explained

 4   to you federal law looks favorably on people who do so.               We

 5   will figure out your sentence in a few months, but I do want

 6   to commend you here for taking the first step towards making

 7   things right here.     Okay?

 8             THE DEFENDANT:       Yes.

 9             THE COURT:    Take care, everyone.

10            (PROCEEDINGS REPORTED WERE CONCLUDED 12:06 PM)

11                       ___________________________

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                                                                               26



 1                            C E R T I F I C A T E

 2
 3   UNITED STATES DISTRICT COURT

 4   NORTHERN DISTRICT OF GEORGIA

 5
 6        I do hereby certify that the foregoing pages are a true

 7   and correct transcript of the proceedings taken down by me in

 8   the case aforesaid.

 9
            This the 11th Day of February, 2024.
10
11
12
13
14                             ________________________________

15                             PENNY PRITTY COUDRIET, RMR, CRR
                               OFFICIAL COURT REPORTER
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            UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT


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