Pandemic Darlings The pandemic economy, in original documents
Home Court filings Donte Jamal McClellon case — U.S. District Court, W.D. Wash. Government’s Pre-Hearing Brief — United States v. McClellon (Dkt. 97, W.D. Wash.)

Court filing

Government’s Pre-Hearing Brief — United States v. McClellon (Dkt. 97, W.D. Wash.)

Summary

The government's pre-hearing brief in United States of America v. Donte Jamal McClellon, No. 2:22-cr-00073-LK, in the U.S. District Court for the Western District of Washington at Seattle, filed February 10, 2023 before the Honorable Michelle L. Peterson. The government states that McClellon violated his appearance bond by failing to appear for a hearing on December 28, failing to seek mental health counseling and traveling outside the district without permission, and that although he told the Court he was in the hospital, flight records and email pings show he was in New York. It argues that he is a serious flight risk whose bond should be revoked. It notes an evidentiary hearing set for February 17, 2023 and is signed by Assistant United States Attorneys Lauren Staniar and Zachary Dillon.

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

Filed February 10, 2023 in Donte Jamal McClellon; one of 2 filings from this case.

Record facts

CourtU.S. District Court for the Western District of Washington
Filed2023-02-10

Cite this document

“Government’s Pre-Hearing Brief — United States v. McClellon (Dkt. 97, W.D. Wash.).” U.S. District Court for the Western District of Washington, No. 2:22-cr-00073, Doc. 97, filed 2023-02-10. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/us-v-donte-jamal-mcclellon/2023-02-10-government-s-pre-hearing-brief-dkt-97/, SHA-256 618199f9cadc85b77e86a14b08ec9aacfa25a96b679571baaa5897d07d4fbecb.

Search CourtListener for this docket number

Full text

Case 2:22-cr-00073-LK Document 97 Filed 02/10/23 Page 1 of 8




1                                                          The Honorable Michelle L. Peterson

2
3
4
5
6
                             UNITED STATES DISTRICT COURT FOR THE
7                              WESTERN DISTRICT OF WASHINGTON
                                         AT SEATTLE
8
9
       UNITED STATES OF AMERICA,                         NO. 2:22-cr-00073-LK
10
                                 Plaintiff
                                                         GOVERNMENT’S PRE-HEARING
11
                                                         BRIEF
12                          v.
13     DONTE JAMAL MCCLELLON
14                               Defendant.
15
16
             Defendant Donte McClellon failed to appear for a hearing on December 28, failed
17
     to seek mental health counseling, and traveled outside the district without permission, all
18
     in violation of his appearance bond. McClellon told the Court he was in the hospital, but
19
     the Government’s evidence—including flight records and email pings—clearly shows that
20
     he was in New York. He likely has been living in New York for much of his pretrial
21
     supervision, not at home in Seattle with his mother as he promised the Court he would.
22
     McClellon’s persistent disregard for this Court’s orders and willingness to lie to cover his
23
     tracks make him a serious flight risk. His bond should be revoked, and he should be
24
     remanded to custody pending trial.
25
             An evidentiary hearing on McClellon’s bond violations is scheduled for Friday,
26
     February 17, 2023, at 1 p.m. before the Honorable Michelle L. Peterson. The government
27
      Gov’t Hearing Brief - 1                                             UNITED STATES ATTORNEY
                                                                         700 STEWART STREET, SUITE 5220
      United States v. McClellon / 22-cr-00073
                                                                           SEATTLE, WASHINGTON 98101
                                                                                 (206) 553-7970

                 Case 2:22-cr-00073-LK Document 97 Filed 02/10/23 Page 2 of 8




1    anticipates calling two witnesses. Special Agent Armando Ramirez III, Federal Bureau of
2    Investigation, will sit at counsel table. The government intends to file its exhibit list and
3    witness list on February 15, 2023.
4                                            I.   BACKGROUND
5            Defendant Donte McClellon obtained three Payment Protection Program (“PPP”)
6    loans worth more than $500,000 under false pretenses. McClellon is the sole listed owner
7    and manager of three Washington-based LLCs: Frostlake LLC, Cannonlake LLC, and
8    Skylake LLC. He sought a PPP loan on behalf of each company in the early days of the
9    COVID-19 pandemic. He claimed in loan applications that each company had monthly
10   payroll expenses and employees for whom it paid payroll taxes. McClellon submitted
11   supporting documents with the applications, namely, IRS Form 941s, IRS Schedule Cs,
12   and bank documents. McClellon’s PPP applications and the forms he submitted with them
13   were false—each of McClellon’s entities was a sham with no payroll, no employees, and
14   no business operations. A grand jury indicted McClellon for three counts of bank fraud (18
15   U.S.C. § 1344). In December 2022, the grand jury returned a superseding indictment
16   charging three counts of wire fraud and two counts of bank fraud. Dkt. No. ¶ 62. Trial is
17   set for March 6, 2023 before Judge King.
18           McClellon was detained early in the case after he lied to pretrial services about his
19   financial accounts and aliases. McClellon claimed in an interview with pretrial services
20   that he had only one financial account that was frozen by the government. See Dkt. 18, at
21   2 (Gov’t Det. Mem.). The government notified defense that McClellon had at least four
22   active accounts of which the government was aware, but McClellon still refused to provide
23   accurate information. Id. McClellon also failed to notify pretrial services that he had an
24   alternate identify—Donte Harrington—and two sets of passports. Id. at 4.
25           The Court reopened detention on defense’s motion in July 2022 and ultimately
26   released McClellon to the third-party custodianship of his mother under conditions. In
27
      Gov’t Hearing Brief - 2                                              UNITED STATES ATTORNEY
                                                                          700 STEWART STREET, SUITE 5220
      United States v. McClellon / 22-cr-00073
                                                                            SEATTLE, WASHINGTON 98101
                                                                                  (206) 553-7970

                 Case 2:22-cr-00073-LK Document 97 Filed 02/10/23 Page 3 of 8




1    particular, McClellon’s bond requires him to appear in court for all hearings in the case,
2    undergo a mental health evaluation, and provide pretrial services requested financial
3    information, among other obligations. Dkt. No. 39. McClellon signed his appearance bond,
4    see id., and the Court reviewed the conditions in detail with McClellon at the hearing. At
5    the July 29, 2022 detention hearing, this Court explained “Your travel will be restricted to
6    the Western District of Washington. . . . I am also directing that you maintain residence at
7    your mother’s house. You cannot leave her house or move anywhere else without letting
8    Pretrial Services know, and you have to get approval from pretrial Services to leave your
9    mother’s house.” [USA-00008596, at 1–2 & 19–24] This Court also reminded McClellon
10   that his bond required him to “undergo some mental health and psychological evaluation
11   and then I’m going to order that you follow up on any treatment recommendation including
12   takin medication if that’s prescribed to you.” Id. at 1–5.
13           Despite these warnings, McClellon failed to appear for two hearings in December
14   2022, leading the Court to issue a bench warrant on December 28, 2022. Counsel for the
15   government waited more than one week for McClellon to resurface and explain his non-
16   appearance. When that did not happen, the government requested the Court vacate the
17   February 6 trial date so the government could release its out-of-town witnesses.
18           Meanwhile, the government set to work finding McClellon. Records from Google
19   showed that McClellon’s known email addresses communicated with the Google server
20   from an IP address in New York on January 9 and January 25, 2023. Verizon confirmed
21   the IP address was registered to McClellon at his New York apartment. Law enforcement
22   spoke with McClellon’s apartment manager, who said staff had seen him in the apartment
23   building in the past few months, his apartment appeared occupied, and staff heard his voice
24   when calling up food deliveries as recently as January 25, 2023. The government later
25   obtained flight records from Delta showing that McClellon flew from John F. Kennedy
26   airport in New York to SeaTac airport on January 30, 2023.
27
      Gov’t Hearing Brief - 3                                             UNITED STATES ATTORNEY
                                                                         700 STEWART STREET, SUITE 5220
      United States v. McClellon / 22-cr-00073
                                                                           SEATTLE, WASHINGTON 98101
                                                                                 (206) 553-7970

                 Case 2:22-cr-00073-LK Document 97 Filed 02/10/23 Page 4 of 8




1                             II.          VIOLATIONS BEFORE THE COURT
2            There are three bond violations currently before the Court. Violation one alleges
3    McClellon failed to appear for a hearing on December 28, 2022 in violation of a standard
4    condition of supervision. Violation two alleges that McClellon left the Western District of
5    Washington without the permission of pretrial services, in violation of a special condition
6    of supervision. Violation three alleges that McClellon failed to obtain a mental health
7    evaluation and provide proof to pretrial services, in violation of a special condition.
8            McClellon has denied all violations, and an evidentiary hearing is scheduled before
9    your honor on February 17, 2023.
10                                  III.     LAW ON BOND REVOCATION
11           18 U.S.C. § 3148 governs sanctions for a violation of a release condition and sets
12   the standard for the revocation hearing. A person who has been released pretrial “and who
13   violated a condition of his release, is subject to a revocation of release, an order of
14   detention, and a prosecution for contempt of court.” 18 U.S.C. § 3148(a). The government
15   must show by “clear and convincing evidence that the person that the person has violated
16   any other conditions of release.” Id. § 3148(b)(1). The Court must order the person detained
17   if it finds that “there is no condition or combination of conditions of release that will assure
18   that the person will not flee or pose a danger to the safety of any other person or the
19   community,” or “the person is unlikely to abide by any condition or combination of
20   conditions of release.” Id. § 3148(b)(2).
21                             IV.         THE GOVERNMENT’S EVIDENCE
22           The government will present the following clear and convincing evidence that
23   McClellon violated the terms of his appearance bond in the manner alleged by pretrial
24   services:
25
26
27
      Gov’t Hearing Brief - 4                                                UNITED STATES ATTORNEY
                                                                            700 STEWART STREET, SUITE 5220
      United States v. McClellon / 22-cr-00073
                                                                              SEATTLE, WASHINGTON 98101
                                                                                    (206) 553-7970

                Case 2:22-cr-00073-LK Document 97 Filed 02/10/23 Page 5 of 8




1               • McClellon failed to appear for a hearing in front of your honor on December
2                    28, 2022. This Court convened the hearing and made a record that McClellon
3                    was not present.
4               • Pretrial services officer Michael Munsterman reminded McClellon multiple
5                    times to seek a mental health evaluation, including by text message on
6                    December 9, 2022. As far as Officer Munsterman is aware, McClellon never
7                    obtained the required evaluation.
8               • McClellon also left the district in violation of his pretrial bond. Records from
9                    Delta Airlines show that McClellon flew from JFK airport in New York to
10                   SeaTac airport on January 30, 2023, arriving just in time to turn himself in
11                   to this Court on January 31, 2023.
12              • The same Delta records suggest that McClellon has been living primarily in
13                   New York. He flew from JFK to SeaTac on October 25, 2022, arriving just
14                   in time to meet with Officer Munsterman for a home visit in Seattle. He flew
15                   back to New York that evening. He flew from JFK from SeaTac again on
16                   November 20, 2023 and back to JFK on November 21, 2022.
17              • The government obtained records from Google about Internet Protocol (IP)
18                   addresses used to log on to McClellon’s known email address,
19                   djmcclellon@gmail.com. Those records show that someone—presumably
20                   McClellon—logged into djmcclellon@gmail.com on January 9, 2023 and
21                   January 25, 2023 in the state of New York from the same static IP address.
22              • Records obtained from Verizon confirm the IP address was registered to
23                   “Donte Mcclellon” at McClellon’s New York apartment, with email address
24                   djmcclellon@gmail.com.
25              • Law enforcement interviewed the property manager at McClellon’s New
26                   York apartment building, ARO NYC, and learned that his apartment has not
27
     Gov’t Hearing Brief - 5                                              UNITED STATES ATTORNEY
                                                                         700 STEWART STREET, SUITE 5220
     United States v. McClellon / 22-cr-00073
                                                                           SEATTLE, WASHINGTON 98101
                                                                                 (206) 553-7970

                 Case 2:22-cr-00073-LK Document 97 Filed 02/10/23 Page 6 of 8




1                     been rented out to another party. The property manager last saw McClellon
2                     at the building about one or two months ago, and ARO staff informed law
3                     enforcement that McClellon received food deliveries to his apartment in
4                     January 2023.
5                • ARO staff knocked on McClellon’s apartment door on January 25, 2023, but
6                     there was no answer. Staff attempted a welfare check and discovered the
7                     security latch was engaged from the inside and the lights were on, suggesting
8                     someone was in the apartment.
9                • Later that day, McClellon received a food delivery in his name to his New
10                    York apartment. ARO staff called up to his apartment to inform him of the
11                    delivery, and the staff member heard McClellon’s voice.
12               • McClellon received mail at his New York apartment in his name as recently
13                    as last week, namely, a FedEx package from a New York-based law firm.
14               • Agents surveilled McClellon’s Seattle residence on January 9, 6, and 5 to
15                    ascertain his whereabouts. They did not see him or any sign that he was
16                    present at the house.
17               • McClellon did not obtain permission from pretrial services to leave the
18                    district between October 2022 and January 2023.
19           This evidence clearly shows that McClellon left the district without permission at
20   minimum in October, November, and January. The evidence also shows that he failed to
21   attend the December 28 hearing and failed to seek a mental health evaluation, all in
22   violation of his pretrial bond. That bond should be revoked.
23                          V.       MCCLELLON SHOULD BE DETAINED
24           The Court must order McClellon detained pending trial if it finds “there is no
25   condition or combination of conditions of release that will assure that the person will not
26   flee or pose a danger to the safety of any other person or the community,” or “the person
27
      Gov’t Hearing Brief - 6                                               UNITED STATES ATTORNEY
                                                                           700 STEWART STREET, SUITE 5220
      United States v. McClellon / 22-cr-00073
                                                                             SEATTLE, WASHINGTON 98101
                                                                                   (206) 553-7970

                 Case 2:22-cr-00073-LK Document 97 Filed 02/10/23 Page 7 of 8




1    is unlikely to abide by any condition or combination of conditions of release.” Id.
2    § 3148(b)(2). Both circumstances apply here.
3            First, McClellon is a serious flight risk, and no conditions or combination of
4    conditions will assure his presence. All evidence indicates McClellon has been living in
5    New York for the better part of his pretrial supervision, not at his mother’s home in Seattle
6    as he promised the Court on July 29. This is a serious breach of trust and indicates an
7    unwillingness to abide by the Court’s orders. Simply put: McClellon already fled once, and
8    there’s every reason to believe he’ll do so again. He also went to great lengths to avoid
9    detection by flying from New York to Seattle to meet with his pretrial services officer for
10   a home visit on October 25, suggesting knowledge of guilt.
11           Second, McClellon is unlikely to abide by any condition or combination of
12   conditions. Even before McClellon absconded, his behavior on pretrial supervision shows
13   he should be detained pending trial. Probation Officer Mike Munsterman wrote in a
14   December 9, 2022 status report that McClellon’s “adjustment to supervision has been
15   challenging at times,” and report suggests McClellon simply does not engage with pretrial
16   services. For example, McClellon insisted on signing routine intake paperwork “under
17   duress,” and he routinely fails to respond to correspondence from his probation officer.
18   McClellon has refused to communicate directly with his probation officer, insisting that
19   defense counsel must be involved in most conversations. When pretrial finally scheduled
20   a home visit for October 2022 (several months after he was ordered released), McClellon
21   was unable to substantiate claims that he was working as a photographer. McClellon was
22   released on the condition that he would participate in pretrial supervision and comply with
23   the conditions of his bond. He has wholly failed to do both. This, coupled with his flight to
24   New York, confirms he cannot be on pretrial supervision. Indeed, this Court previously
25   noted that “in order for the relationship to work on the outside if you were to be released,
26
27
      Gov’t Hearing Brief - 7                                             UNITED STATES ATTORNEY
                                                                         700 STEWART STREET, SUITE 5220
      United States v. McClellon / 22-cr-00073
                                                                           SEATTLE, WASHINGTON 98101
                                                                                 (206) 553-7970

                 Case 2:22-cr-00073-LK Document 97 Filed 02/10/23 Page 8 of 8




1    there has to be trust between you and your Pretrial Services officer.” Dkt. No. 30-1, at
2    16:19–20.
3            Finally, McClellon is charged with stealing more than half a million dollars from
4    financial institutions under false pretenses. Discovery in this case is rife with instances
5    where McClellon lied and falsified documents to get what he wanted. Given this history,
6    the Court should not rely on McClellon’s assertions that he has been in the hospital, and it
7    should view any paperwork provided by McClellon with skepticism.
8                                                VI.   CONCLUSION
9            McClellon’s recent flight from supervision confirms that he presents a serious flight
10   risk in the future. And his conduct on pretrial supervision confirms there is no condition or
11   combination of conditions that will reasonably assure his appearance. See 18 U.S.C.
12   § 3142(e). His bond should be revoked, and he should be detained pending trial.
13
14           DATED this 10th day of February, 2023.

15
16                                                          Respectfully submitted,
17
                                                            NICHOLAS W. BROWN
18                                                          United States Attorney
19
20
                                                            s/ Lauren Watts Staniar
21                                                          Lauren Watts Staniar
                                                            Zachary Dillion
22
                                                            Assistant United States Attorneys
23                                                          700 Stewart Street, Suite 5220
                                                            Seattle, WA 98101-1271
24                                                          Telephone: (206) 553-5172
25                                                          Fax:         (206) 553-0582
                                                            Email:       Lauren.Staniar@usdoj.gov
26                                                          Email:       Zachary.Dillon@usdoj.gov
27
      Gov’t Hearing Brief - 8                                                 UNITED STATES ATTORNEY
                                                                             700 STEWART STREET, SUITE 5220
      United States v. McClellon / 22-cr-00073
                                                                               SEATTLE, WASHINGTON 98101
                                                                                     (206) 553-7970

File and source

File
97.pdf
Size
200,647 bytes
SHA-256
618199f9cadc85b77e86a14b08ec9aacfa25a96b679571baaa5897d07d4fbecb
Our copy
97.pdf
Back to top