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Home Court filings U.S. v. Gladys Harun Detention Hearing Transcript (Excerpts) — United States v. Gladys Harun

Court filing

Detention Hearing Transcript (Excerpts) — United States v. Gladys Harun

Summary

Transcript of a detention hearing for Gladys Harun before the Honorable Brian K. Epps in the Southern District of Georgia, Dublin Division, Case Number 1:22-MJ-00051. Before she testifies, the Court tells her she has an absolute right to remain silent and that what she says can be used against her by the Government. On direct examination by Mr. Howell, Harun testifies that she lives in Byron, Georgia, bought a home there in 2019, and takes care of her six children. She also testifies that she has a total of 55 employees and describes being arrested on Tybee Island. The transcript ends with the Court's ruling, a short recess, and the court reporter's certificate dated July 19, 2022.

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

Cite this document

“Detention Hearing Transcript (Excerpts) — United States v. Gladys Harun.” Original at ecf.gasd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/us-v-gladys-harun/2022-08-03-transcript-dkt-25/, SHA-256 dd41d98b57efb45d5a4850935de0f56a9d27a6fae5072832a28de0d404e521de.

Full text

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1                       IN THE UNITED STATES DISTRICT COURT
                       FOR THE SOUTHERN DISTRICT OF GEORGIA
2                                 DUBLIN DIVISION

3

4     UNITED STATES OF AMERICA,    :
                                   :
5       v.                         :
                                   :           CASE NUMBER 1:22-MJ-00051
6     GLADYS HARUN,                :
                                   :
7          Defendant.              :
      _____________________________
8

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14                       DETENTION HEARING - EXCERPTS
                (Testimony of Gladys Harun and Court's Ruling)
15
                        BEFORE THE HONORABLE BRIAN K. EPPS
16                           United States Courthouse
                            100 North Franklin Street
17                               Dublin, Georgia
                                   July 8, 2022
18

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22

23    TRANSCRIBED BY:      Victoria L. Root, CCR
                           United States Court Reporter
24                         Post Office Box 312
                           Meldrim, Georgia 31318
25                         (912) 650-4066
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                                                                                  2

1                               A P P E A R A N C E S

2

3     FOR THE GOVERNMENT:

4               CHRISTOPHER HOWARD, Esquire
                Assistant United States Attorney
5               22 Barnard Street, Suite 300
                Savannah, Georgia 31401
6               (912) 652-4422
                christopher.howard@usdoj.gov
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8     FOR THE DEFENDANT:

9               JIMMY THOMAS HOWELL, Esquire
                Howell Law, LLC
10              18 Simmons Center
                Statesboro, Georgia 30458
11              (912) 416-7111
                thomas@attorneystatesboro.com
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                                                                                       3

1                                      I N D E X

2                                                                             Page

3     WITNESSES CALLED BY THE DEFENDANT

4           1. GLADYS HARUN
                Direct Examination by Mr. Howell. . . . . . . .                    6
5               Cross-Examination by Mr. Howard . . . . . . . .                   14

6
      COURT'S RULING . . . . . . . . . . . . . . . . . . . . .                    34
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8     CERTIFICATE OF REPORTER. . . . . . . . . . . . . . . . .                    41

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1                               P R O C E E D I N G S

2           (The testimony of Gladys Harun commenced at 11:27 a.m.)

3                 THE COURT:     Mr. Howell.

4                 MR. HOWELL:     I'd like to call Ms. Harun,

5     Your Honor --

6                 THE COURT:     All right.

7                 MR. HOWELL:     -- to the stand.

8           (The witness, Gladys Harun, was sworn.)

9                 COURT CLERK:      You may be seated.

10                THE COURT:     Mr. Howell, well, I'll --

11                Oh, go ahead.

12                COURT CLERK:      Would you please state your full name

13    for the record.

14                THE WITNESS:      Gladys Harun.

15                COURT CLERK:      Thank you.

16                THE COURT:     Mr. Howell, before you begin, I informed

17    her of her right to remain silent at the initial appearance.

18                Have you talked with her about this important right

19    as well and explained to her the potential consequences of her

20    opening herself up to testify at this hearing in terms of the

21    cross-examination that may occur?

22                MR. HOWELL:     No, Your Honor, not specifically.           We

23    discussed at the proffer about any evidence that she were to

24    offer at the proffer.       She was well aware of her right not to

25    proceed, so I was going to actually ask her some questions on
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1     the record on that issue to see if she's willing to testify

2     concerning my questions and possible cross-examination.

3                 THE COURT:     Okay.    Ms. Harun, I want to talk to you

4     about that before he does.

5                 THE WITNESS:      Yes, sir.

6                 THE COURT:     At your initial appearance, I explained

7     that you have the right to remain silent.            And that right to

8     remain silent is embedded in our constitution.              It's absolute,

9     and you have no obligation to testify today.

10                If you do decide to testify, though, all of what

11    you're saying here is being recorded and can be used against

12    you by the Government in this case.           And in particular, today,

13    you're opening yourself up to cross-examination by Mr. Howard

14    about the topics that you testify about here today.

15                Do you understand that?

16                THE WITNESS:      Yes, sir.

17                THE COURT:     And it will, I'm sure, be a very full,

18    thorough, and sifting cross-examination by the Government, and

19    I'm going to allow him a lot of latitude to go into any topic

20    that you talk about while you're on direct examination with

21    your attorney.

22                Do you understand that?

23                THE WITNESS:      Yes, sir.

24                THE COURT:     And despite all those potential

25    consequences and despite this absolute right that you have, do
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1     you still want to testify?

2                 THE WITNESS:      Yes.

3                 THE COURT:     Okay.     You may proceed, Mr. Howell.

4                 MR. HOWELL:     Thank you, Your Honor.

5                                    GLADYS HARUN,

6     having been duly sworn, was examined and testified as follows:

7                                 DIRECT EXAMINATION

8     BY MR. HOWELL:

9     Q.    Please state your name for the record.

10    A.    Gladys Harun.

11    Q.    Thank you.     And where do you reside?

12    A.    I stay in Byron, Georgia.

13    Q.    What's your address?

14    A.    182 Amelia Drive, Byron, Georgia 31008.

15    Q.    Thank you.     Are you married?

16    A.    I'm separated.

17    Q.    Separated?

18    A.    Yes, sir.

19    Q.    Has a divorce been filed in Georgia?

20    A.    Yes, it has.

21    Q.    Okay.    Have you appeared in the case?

22    A.    No.   I'm waiting to appear in court.

23    Q.    Are you scheduled to appear in that case?

24    A.    Not yet.

25    Q.    Okay.    How many children do you have?
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1     A.     I have six.

2     Q.     Where do they reside?

3     A.     They live in Byron with me.

4     Q.     Okay.   Could you give their names and ages for the Court.

5     A.     The first one is called Emmanuel Gathinji.            He is 14 years

6     old.    And the second one is Ann Wangui.          She's 12 years old.

7     The third one is Sharon Gathinji.          She's 9 years old.       The

8     fourth one is Diana Harun.         She is 5 years old.       The other

9     one is Mark Gathinji.       He is 4.     And the last one is

10    Jacob Gathinji.      He is 2.

11    Q.     Okay.   And who takes care of your children?

12    A.     I do.

13    Q.     Do you do that on a full-time basis --

14    A.     Yes.

15    Q.     -- or do you have any help?

16    A.     I don't have any help.       I just take care of them every

17    day.

18    Q.     Does your husband have any involvement with your children?

19    A.     He barely comes.     He doesn't support us financially.

20    And he moved out.      He lives in a motel.        He barely comes home,

21    maybe once a month or twice a month, (indiscernible) go back.

22    Q.     Does he watch your children overnight on any frequent

23    basis?

24    A.     No, he doesn't.

25    Q.     Okay.   Who has your kids right now?
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1     A.    They are with my friends.         My friends are taking turns to

2     come in my house and watch them.          I have, like, four Kenyan

3     friends.     They are taking turns coming to take care of them.

4     Q.    Are you having a lot of contact with your children right

5     now while you're incarcerated?

6     A.    No.    No, sir.

7     Q.    Okay.    Quick question about Government's Exhibit 10.

8           Is this your passport, Ms. Harun?

9     A.    That's me, yes, sir.

10    Q.    Okay.    Thank you.

11          Do your children have passports?

12    A.    Some of them do.      Some of them are expired.

13    Q.    Okay.    There's a question about your ability to appear as

14    called upon in this court.

15          If you were scheduled for a court appearance, would you be

16    willing to appear in the case?

17    A.    Yes, sir.

18    Q.    Okay.

19    A.    I will come.

20    Q.    You were asked earlier to meet with the prosecution in

21    this particular case; is that correct?

22    A.    Yes.

23    Q.    Did you voluntarily do that?

24    A.    I did.

25    Q.    Did you know before you met with them that you had no
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1     obligation to meet with them whatsoever?

2     A.    Yes, I did.

3     Q.    And you chose to do that anyway?

4     A.    Yes, I did.

5     Q.    Okay.    If the Court were to ask you to, say, surrender

6     your passport pending this particular case, would you be

7     willing to do that so that you could go home and prepare your

8     defense?

9     A.    Yes, sir.     I'll do that.

10    Q.    Have you chosen to retain counsel to defend yourself in

11    this action?

12    A.    Yes.

13    Q.    Okay.    Do you understand the nature of the charges before

14    the Court today?

15    A.    Yes, I do.

16    Q.    Okay.    Were there any narcotics offenses, by any chance,

17    raised in this case?

18    A.    No.

19    Q.    No?

20          Tell us a little bit about your community involvement.

21          Do you go to church?

22    A.    Yes.    I go to Assemblies of God in Byron, Georgia.

23    Q.    Okay.    And I asked you about your address.

24          Do you own your home there?

25    A.    Yes, I do.     I bought a home there in 2019.          I live in my
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1     own house.

2     Q.     Okay.   And prior to living there, did you live in Eastman,

3     Georgia, and Marietta, Georgia, before you moved from Kenya?

4     A.     Yes.    I've been here 17 years in Georgia.

5     Q.     And when were you naturalized?

6     A.     In Atlanta.

7     Q.     Okay.   Was that approximately December 11th, 2011?

8     A.     Yes, sir.

9     Q.     Okay.   Do you do any community service work in the state

10    of Georgia?

11    A.     Yes, I do.    I participate in (indiscernible) activities in

12    Byron.    I also, in my -- in my business, Jackson Hewitt, I file

13    free taxes for people.        During the COVID, I was able to help

14    approximately 700 people and 300 seniors who did not afford

15    any money.      So that is the charitable work I do in Georgia.

16    For people who were sick with COVID and could not afford any

17    fees, we filed their taxes for free.            So every year, I do that

18    to help people --

19    Q.     Okay.

20    A.     -- yes.

21    Q.     Are you -- do you have a mortgage on your home?

22    A.     Yes.    I have a big mortgage (indiscernible).

23    Q.     Are you current on the mortgage?

24    A.     Yes, I'm current.

25    Q.     So you're not in foreclosure or in forfeiture?
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1     A.     No.   I'm good.

2     Q.     Okay.   In your respective business, do you have any

3     employees of any kind?

4     A.     I have a total of 55.       It fluctuates, but I have a total

5     of 55 every year, and I have some volunteers.

6     Q.     Do your employees have family?

7     A.     No, I don't have family.

8     Q.     Do your employees have family?

9     A.     Oh, they do have family, yes, sir.

10    Q.     Okay.   Do they rely on the paychecks you provide in order

11    to provide for their families?

12    A.     Yes, Your Honor.      They work full-time for me.         I'm

13    actually supposed to pay them today.            So this really was their

14    payday, but they don't know I'm here.

15    Q.     How are those families going to get paid if you're

16    incarcerated today?

17    A.     I don't know.     I need to go home to pay them because I

18    hadn't -- I wasn't aware I was going arrested -- get arrested,

19    so I hadn't made any arrangements.

20    Q.     Let's talk about that.

21           Tell me a little bit about where you were arrested.

22    A.     I went to Savannah, Tybee Island on Monday.            I went with

23    my children.      I had gone to take them to watch fireworks in the

24    night.    So we watched fireworks Monday night, 4th of July.                 It

25    was good.
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1            And then Tuesday morning, my kids told me to go and swim

2     with them.     We went to the beach again.         We spent a whole day

3     there.    And then we came back to the hotel.           I was cleaning my

4     kids in the car.       I was still in my swimsuit, and so -- you

5     know, I was changing diapers, wiping their noses, and changing

6     their clothes so we can head home.

7            And that is when Brian approached me and told me, "Do you

8     remember me?"

9            I said, "Yeah, I remember you, Mr. Brian."            I said, "What

10    are you doing here?"        You know, I was just friendly.

11           And he told me, "We have arrest for you -- we have a

12    warrant for your arrest, and we are here to arrest you."

13           And I was begging him, "Let me change clothes because I'm

14    so wet."     And they allowed me to change clothes and call

15    friends and everybody.

16           And I told him there was no need of that.            I would have

17    surrendered myself if they had told me that they needed me.

18    You know, I've been cooperating with them the whole time.

19           I was to go to Kenya beginning of June, but I didn't go

20    because we had a proffer with them on the 29th of June.                So

21    I've been respectful in the process.            I've been forthcoming

22    towards them, and I want (indiscernible).             That's why I stayed

23    here.

24    Q.     Were your children upset when you got arrested in front of

25    them on their vacation?
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1     A.     Oh, yes.    It is very -- they've been crying ever since

2     that day.

3     Q.     Do they have any idea why you were arrested?

4     A.     They have no idea.

5     Q.     Okay.   Let's talk a little bit about that proffer.

6            After the proffer, did we have a conversation concerning

7     travel?

8     A.     Yeah.   We had a conversation that I will not travel

9     without notifying you.        And Mr. Howard had promised me that,

10    you know, he was going to communicate to -- to me through you

11    and tell me what's going to happen.           I was under the impression

12    that it was -- we would be negotiating and talking about the

13    whole things back and forth.

14    Q.     Did I specifically tell you not to make any plans to go

15    out of the country without talking to me first?

16    A.     Yes, you did.

17    Q.     Okay.   And you stated, before you made -- finalized any

18    plans to go anywhere, you would run it through me, and I would

19    have to, in fact, ask the Government for their permission

20    before you traveled; is that correct?

21    A.     Yes.

22    Q.     Okay.   Have you complied with that request?

23    A.     Yes, I did.

24    Q.     Do you have any travel plans currently to leave the

25    country?
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1     A.     No, I don't.

2     Q.     Do you -- can you promise to this court in front of

3     this judge that you will not leave the country pending the

4     resolution of this case?

5     A.     No, I will not.      I will not leave the country.         I promise.

6     Q.     Are you willing and able to comply with any stipulations

7     the Court requires in order for your release today on bond?

8     A.     Yes, I will comply with everything.

9                   MR. HOWELL:    Okay.    No further questions, Your Honor.

10                  THE COURT:    Okay.    Thank you.

11                  Mr. Howard.

12                  MR. HOWARD:    Your Honor, may I approach the witness?

13                  THE COURT:    You may.

14                                 CROSS-EXAMINATION

15    BY MR. HOWARD:

16    Q.     Ma'am, I've handed you the same exhibits that I provided

17    to Special Agent Jack.        We may go through those, but I wanted

18    to make sure that you -- you had them so you could reference

19    them.

20           At the initial appearance, you told the Court that you

21    don't have family in America.

22           But that's not true, is it?

23    A.     I don't have immediate family in America.

24    Q.     You have six children; correct?

25    A.     Yes.
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1     Q.     Are those six children in America?

2     A.     Yes.

3     Q.     Okay.   Now, you are a dual citizen with Kenya as well?

4     A.     Yes, sir.

5     Q.     Do you have a Kenyan passport?

6     A.     No, I don't.

7     Q.     Now, with respect to this travel, you're represented by a

8     different attorney in your divorce proceeding; correct?

9     A.     Yes, sir.

10    Q.     And did you tell that attorney in your divorce proceeding

11    that you would be out of the country from -- beginning on

12    July 6th?

13    A.     We were planning on leaving, but we didn't finalize

14    everything.      My husband wanted to go, but we didn't -- we were

15    just talking, and we didn't finalize anything because, you

16    know, I can't travel without letting my attorney know.                So it

17    was just -- just talk.        It wasn't really finalized or nothing.

18    Q.     But my question --

19    A.     Uh-huh.

20    Q.     Did you tell your attorney that you were planning to be

21    out of the country on July 6th?

22    A.     I didn't specifically say July 6th.           I told him I was

23    going to talk to my attorney and I would specifically tell him

24    the date I was going to leave.

25    Q.     Would it surprise you to learn that your attorney in
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1     the divorce proceeding emailed your husband's attorney in the

2     divorce proceeding and said that you would not be able to make

3     a court appearance because you planned to be out of the country

4     from July 6th to August 6th?          Would that surprise you?

5     A.     Okay.   First of all, you had told me, Mr. Howard, that

6     I have some time, almost 2 months, before you -- you really

7     decide what to do with my case.          And we had talked with my

8     attorney.      And I didn't know you were going to arrest me or

9     do all these things.        I wasn't aware of these things.

10           I had -- I knew you had asked me for the permission and

11    everything else and I was to go through my attorney and see if

12    I can go see the school, like, 2 weeks and then come back here

13    so we can go ahead and finalize everything.             So I wasn't --

14    I didn't know you were going to arrest me today.

15           And I wasn't fleeing.       Every year, we go to Kenya and come

16    back, so it is just part of our lives.            We've been going for

17    the past 19 years.       We go and come back here.         It's not like I

18    was trying to flee or anything.          It's just that I didn't know

19    the sequence -- the flow of things.

20           You know, I wasn't aware that I'm going to be here today

21    and the seriousness of the whole thing.            I didn't know I was

22    going to have these kind of serious charges or stuff like that.

23    When I came for the proffer, you didn't tell me the seriousness

24    of the issue.      And so I wasn't trying to flee or anything.

25    Q.     I appreciate that, but that didn't answer my question.
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1            My question is specifically:         Would it surprise you to

2     learn that your divorce attorney sent an email to your

3     husband's divorce attorney on June 22nd of this year stating

4     that "Ms. Harun is apparently going to be visiting family out

5     of the country from July 6th through August 6th and will not be

6     here for a hearing on July 29th"?

7            My question specifically is:         Would it surprise you to

8     learn that?

9     A.     I'm not surprised because we had been talking about going

10    to Kenya.     And I had told Mr. Thomas, but we hadn't finalized

11    everything.      It was just talk, not finalized.

12    Q.     And if somebody were to leave the country, they would need

13    access to a lot of money; right?

14    A.     Well, it's a lot of preparation.          And during the proffer,

15    you know, I didn't know all this was going to (indiscernible),

16    you know.     So I've been respectful to you, Mr. Howard.             I was

17    to leave to Kenya June the 1st, but you told me we were going

18    to have a proffer on the 29th, so I had made arrangements

19    then --

20                 MR. HOWARD:     Your Honor --

21    A.     -- but I --

22                 MR. HOWARD:     -- I'm going to --

23    A.     -- postpone everything.

24                 MR. HOWARD:     -- object as nonresponsive.         We're sort

25    of doing this where I have to repeat the questions.               So I am
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1     going to object, I think, for everyone's time, as nonresponsive

2     to the question.

3                  THE COURT:     I'm going to let her finish her

4     explanation, and then, if you could, reask the question.

5                  MR. HOWARD:     Will do, Your Honor.

6                  THE COURT:     Go ahead, Ms. Harun.

7     A.     So June 1st, we had planned to go to Kenya, and -- my

8     husband always wanted to go to Kenya.

9            And so I talked to Mr. Thomas, and he said, "No.              Don't go

10    until we do the proffer on the 29th."

11           So I postponed everything.        But I've been talking and

12    shopping for airlines and everything.            And my divorce attorney,

13    I had told him we wanted to leave in June.

14           But later on, I said, "Well, something came up.             I'm going

15    to have to postpone everything."

16           So they knew I was, you know, going to leave in June.                 And

17    then we kept on postponing, postponing because I want to abide

18    with what you want me to do on this case.

19    BY MR. HOWARD:

20    Q.     You know, I forgot my question, but I may remember it.

21    And if I do, I'll come back to it.

22           Let's look at some documents.         You talked about in your

23    direct the number of employees you have, so let's look at some

24    documents.

25           Looking at -- specifically at Government Exhibit 2, do you
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1     recognize that?

2     A.     I'm looking for it.       Yes, sir.

3     Q.     Okay.   So looking at Government Exhibit 2, the first page,

4     it lists a business phone there ending in 3301.

5            That's your number; correct?

6     A.     That's my business number.

7     Q.     Yes.    It lists an email address there of

8     harungladys@yahoo.

9            That's your email address; correct?

10    A.     Yes, sir.

11    Q.     It lists a business of Embrace Africa d/b/a Jackson Hewitt

12    Tax.

13           That's your business; correct?

14    A.     Yes.

15    Q.     Gladys C. Harun, owner 100 percent, that's -- that's you,

16    isn't it?

17    A.     Yes, sir.

18    Q.     And looking at Page 2 of that exhibit showing that it was

19    submitted April 17th, 2020, you submitted a PPP application;

20    correct?

21    A.     Yes, sir.

22    Q.     Okay.   And that -- that's -- PPP application that's

23    reflected in Government's Exhibit 2, that was to Wells Fargo

24    that you submitted; right?

25    A.     Yes, sir.
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1     Q.     All right.    And looking at Government's Exhibit 3 -- I'll

2     give you a minute to turn there.

3            Have you had a chance to see Government's Exhibit 3?

4     A.     I'm looking at it.

5     Q.     Okay.   And do you recognize -- the business phone, the

6     email address, the business name, and the contact, do you

7     recognize that all as your information, your business, and,

8     indeed, yourself as the contact?

9     A.     Yes, sir.

10    Q.     Okay.   And this corresponds to another PPP application

11    that you submitted to Wells Fargo; correct?

12    A.     Yes.

13    Q.     Indeed, you submitted several Wells Fargo

14    PPP applications; right?

15    A.     I just did one.      I don't remember doing several.

16    Q.     The second one -- were you ever denied a PPP application

17    from Wells Fargo?

18    A.     They denied my second one because 2019, I had very few

19    employees.     But by the grace of God, in 2020 and 2021, my

20    business has grown, so I had many employees.             And they felt

21    like I have many employees than I had said in 2019, but that's

22    normal for business.

23    Q.     Yeah.   So the gross pay -- so the year 2021, that's when

24    your business grew?

25    A.     Even 2020.    I had more employees in 2020.
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1     Q.     2020.   And then it grew in 2021 as well; right?

2     A.     Yes, I believe so.

3     Q.     And just to be clear, I had asked you if you submitted

4     multiple PPP applications to Wells Fargo.             You said you only

5     remembered one, but then you said, "They denied my second one."

6     So I want to be absolutely clear.

7            Did you submit just one PPP application to Wells Fargo, or

8     did you submit more than one?

9                  THE COURT:     I'm going to stop this there.         I think --

10    I mean, I -- she's here to testify with respect to the Bail

11    Reform Act and the factors that apply to determine whether she

12    should be released or not.

13                 She did touch on the number of employees during her

14    initial testimony, but I don't want us to stray at all from the

15    topics that she addressed there.           I want to stay very -- stick

16    very closely to them and only, really, as it relates to the

17    bond determination.

18                 I feel like we're getting probably away from the

19    bond, the purpose of the hearing --

20                 MR. HOWARD:     Sure.

21                 THE COURT:     -- and more to the merits of the case.

22    And I'm uncomfortable having a defendant on the stand anyway so

23    early in the case.       For those reasons, if we could just stick

24    very narrowly to the scope of her direct examination, I think

25    we --
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1                   MR. HOWARD:    Understood, Your Honor.

2     BY MR. HOWARD:

3     Q.     And specifically, Ms. Harun, going to Exhibit 10, the

4     passport photo, that's your passport photo; correct?

5     A.     Hold on.    Yes, sir.

6     Q.     Yeah.

7     A.     That's me.

8     Q.     Not somebody else?

9     A.     (No response.)

10    Q.     Not somebody else?      It's you?

11    A.     No.    That's me, yes.

12    Q.     Now, the -- you have heard some testimony and some

13    statements regarding Lotsie Gordon.

14           Was that her name?

15    A.     Yes.

16    Q.     Okay.    And you saw the email in Government's Exhibit 11?

17    A.     I see it.

18    Q.     Okay.    And you recognize that as having sent that email;

19    correct?

20                  THE COURT:    Well, what does that have to do with her

21    direct examination?

22                  MR. HOWARD:    Sure, Your Honor.       So she's going into

23    what she testified was -- and has testified thus far about her

24    company's success, her charitable endeavors, the fact that she

25    did free tax returns for people, all of these benefits that she
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1     is providing to others, the business, the number of employees

2     of the business, the veracity of the information that she's

3     provided, how she's provided truthful information to the

4     Government.

5                  THE COURT:     I'll stop you there.       I mean, she didn't

6     talk about Lotsie Gordon and this email, and this hits on

7     exactly what I warned you about a while ago.             So let's stick

8     very closely to what she testified about and testing the

9     veracity of that and not -- let's not stray off into the merits

10    of the case.

11                 MR. HOWARD:     Understood, Your Honor.        There is one

12    further -- well, two further topics that I do want to touch

13    upon, and those were -- go towards witness tampering, which is

14    directly relevant to the bail determination, and those are the

15    text messages in Exhibit 12.          Before asking her those

16    questions, if that's something that the Court deems to be out

17    of bounds, then so be it.

18                 THE COURT:     I believe it is, yeah, because she

19    didn't -- you proffered that, but she's not testified about it.

20                 MR. HOWARD:     Understood, Your Honor.

21    BY MR. HOWARD:

22    Q.     Now, I did ask before, ma'am -- and it was the question

23    that I thought that I forgot.          But that -- the question that I

24    asked -- and you have testified earlier about your travel, your

25    plans, your intent to flee.
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1            The question I had asked -- that if you're going to fly

2     out of the country, you need -- you need a lot of money to do

3     that, particularly to Africa where flights are quite expensive;

4     correct?

5     A.     Yeah.   This is very expensive.

6     Q.     And you were interviewed by special agents back in May of

7     this year; correct?

8     A.     Yes, sir.

9     Q.     And do -- those two special agents that sit in this

10    courtroom today, they came, and they interviewed you; right?

11    A.     Yes, sir.

12    Q.     And then the same day that they interviewed you, you went

13    to the bank, and you withdrew $100,000 in cash from your bank

14    account; correct?

15    A.     Well, I have a school in Kenya.          I send them money and

16    everything.      I was going to wire them some money for the

17    feeding program, and I did that in another bank.              Sometimes I

18    do that.

19           Like, wiring money in Africa takes some time.             Sometimes

20    I go to Wells Fargo.        They tell me it's going to take 10 days.

21    And I want the orphans to get the money in 2 days, so I will

22    withdraw cash and then go to SunTrust and then send it to

23    Africa.

24    Q.     Just to be clear, after your interview, indeed, the same

25    day that you were interviewed by the agents, you went to -- is
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1     it Truist Bank?      Is that your bank?

2     A.     I don't remember doing that that same day.            I don't

3     remember that.

4     Q.     But you do recall that the same day that the agents

5     interviewed you, you went to your bank account, and you

6     withdrew in cash $100,000; is that right?

7     A.     I don't think it's the same day.

8     Q.     Well, you testified about the need -- that you withdrew

9     that money in order for that money to go to Africa; correct?

10    A.     Yes.

11    Q.     And so you withdrew money from your U.S. bank account and

12    withdrew that money in cash to get that money to Africa; is

13    that right?

14    A.     No, sir.    I said sometimes I do that.         And I can provide

15    you with documentation.        Sometimes I withdraw cash from Wells

16    Fargo and go to SunTrust and wire transfer that money because

17    sometimes Wells Fargo gives me trouble -- a lot of trouble

18    doing international transfers.

19    Q.     You don't recall -- and you said you didn't think it was

20    the same day that the agents interviewed you; is that right?

21    A.     No.    I normally do that, so it's part of what I do every

22    day.    I will withdraw sometimes even 40,000 and then go to

23    another bank and send it to Africa depending on -- if they

24    tell me -- like, if I send today, when is the money going to be

25    available for the school?         If they tell me it's going to be
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1     immediately, then I go ahead and do it.            If they tell me no,

2     then I go to another bank and do it for quicker service.

3     Q.     So are you saying it's a normal part of what you do of --

4     withdrawing $100,000 in cash from your bank account?

5     A.     No.    I didn't say $100,000.       But I said this year was

6     different because we had -- we -- I had, like, a charitable

7     thing I wanted to do in the school.           I've been saving this

8     money since -- for a whole year, saving money, raising

9     donations, and everything.         So it was money that I had put

10    aside for a certain project in the school.             So that's all.

11    Q.     And if that's true, there would be a corresponding wire of

12    $100,000 shortly thereafter --

13    A.     Uh-huh.

14    Q.     -- the withdrawal?

15    A.     Yes, sir.    I did wire that money.

16    Q.     And what bank did you use to wire that money?

17    A.     SunTrust.

18    Q.     SunTrust?

19    A.     Yes.

20    Q.     And that -- your recollection is it was just a coincidence

21    and that it happened --

22    A.     Yeah, it was a coincidence.

23    Q.     Let me finish the question.

24    A.     Sorry.

25    Q.     It was just a coincidence that you're withdrawing so much
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1     money in cash shortly after the agents interview you; correct?

2     A.     I don't remember withdrawing money after -- after Brian

3     left my office.      I don't remember doing it that day.

4     Q.     And at the end of that interview, the agents notified you

5     from a -- in a letter from the U.S. Attorney's Office that you

6     were a target of a federal grand jury investigation, didn't

7     they?

8     A.     Yes, they did.

9     Q.     You also talked about your business, which has grown.

10           I guess it grew in 2020, and it grew in 2021; correct?

11    A.     Yes.

12    Q.     Looking at Government Exhibit 13, when we talk about that

13    growth of that business . . .

14    A.     On this particular one, I had lost a lot of money.              I had

15    paid an attorney almost $11,000 to represent a case, and then

16    he flee to Texas.       And so I didn't have no money -- my personal

17    money, not my business money, because I'm a business owner.

18    I have money for myself, but I don't -- I didn't have any money

19    for me to do this because an attorney had robbed me of money.

20    And (indiscernible) told (indiscernible) about it.               I had paid

21    him $11,000 to represent me in the case, and he flee the state,

22    and so I didn't have no more money at all with me.

23    Q.     Ma'am, I haven't asked a question about this document yet.

24           The first question I have as to Government's Exhibit 13 --

25    looking at Page 2, there's a signature.
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1            Is that your signature?

2     A.     Yes, sir.

3     Q.     You filed this document that's reflected in the first two

4     pages of Government's Exhibit 13; correct?

5     A.     Yes.

6     Q.     And in that document, you wrote, on Page 2, "I cannot be

7     able to pay an attorney."         You just described attorneys are

8     expensive.     You didn't have the money to do it.           But then you

9     say "I am not employed now."

10           Do you see that?

11    A.     I'm (indiscernible).       I'm not employed.

12    Q.     Okay.

13    A.     Yeah, I do.     I'm not employed.

14    Q.     Okay.

15    A.     Yes.

16    Q.     You have a business, which you talked about grew in 2020.

17    It grew in 2021.       And this was filed in late 2021.

18           But you not only represented to the Court in asking for a

19    free attorney that you didn't have a business but also that you

20    weren't employed; is that right?

21    A.     My business is charity.        And so when you talk about

22    Embrace Africa, there are so many lives that depend on leaders

23    of charity, so I don't see it really as a business.               It's more

24    of a nonprofit.      And we have so many activities that sometimes

25    if we go off the budget, we will not be able to feed children
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1     in Kenya.

2     Q.     Your business is charity?        Your -- is that what

3     (indiscernible)?

4     A.     We are nonprofit.      We are basically nonprofit.

5     Q.     And that's Jackson Hewitt Tax; correct?           That's your

6     business?

7     A.     Jackson Hewitt supports Embrace Africa.           So, basically,

8     the money that we raise there is for nonprofit purposes mostly.

9     Q.     You represented to the -- and you were truthful in your

10    representations to the pretrial officer; correct?

11    A.     Yes.

12    Q.     Yeah.   And you represented to the pretrial officer

13    that you started a business, and your employer name is

14    Jackson Hewitt Tax service; correct?

15    A.     Yes.

16    Q.     Do you own 12 locations as a franchise owner?

17    A.     Yes.

18    Q.     And when somebody walks into Jackson Hewitt Tax Service,

19    is there a big sign that says "Jackson Hewitt," or is there a

20    sign indicating that this is a charity?

21    A.     We have some that say "Embrace Africa" somewhere.              I don't

22    know if it is visible.

23    Q.     Okay.   Do you have some signs indicating that it's

24    Jackson Hewitt?

25    A.     Yes.
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1     Q.     Okay.   Now, you talked about that you -- it's a charity

2     that you're running, but you represented to the pretrial

3     officer that your monthly income -- your monthly income is

4     $66,666.67.

5            Is that what you represented to the probation officer?

6     A.     Which probation officer?        I'm confused.     Which one?

7     Q.     The one that sits to your right.

8                  THE WITNESS:     Did we discuss that?       I don't remember

9     discussing that with you.

10    BY MR. HOWARD:

11    Q.     Were there discussions about your monthly income?

12    A.     I remember him asking me about my business income for the

13    whole year, but I don't remember, really, discussing my own

14    money.

15    Q.     Okay.   So when he wrote "Monthly Income, $66,666.67," that

16    doesn't accurately reflect your income?            Is that what you're

17    saying?

18    A.     I don't remember that discussion.

19    Q.     Well, I'm not asking if you remember your discussion.

20           I'm asking you specifically:         Is your monthly income --

21    you, not your business -- your monthly income for this charity

22    that operates under a tax service name $66,666.67?

23    A.     No, it's not.

24    Q.     No, that's not accurate.        Okay.

25           Well, let's talk about the -- and I don't know if you have
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1     a copy of the pre- -- of the report.            I can give you mine so

2     you can look at it.

3                  MR. HOWARD:     Your Honor, may I approach?

4                  THE COURT:     You may.

5     BY MR. HOWARD:

6     Q.     Ma'am, I'm handing you a copy of the pretrial report.

7     It's my copy.      I apologize if there's writing on it.

8            But do you see a little box there that talks about time

9     with employer?      It's in the middle of the page a little bit to

10    the right.     It talks about time with employer.           It mentions

11    6 years and 6 months.

12           Do you see that?

13    A.     I don't remember stating this kind of money, but I

14    remember telling him how much I make, like, the whole year.

15    Q.     Okay.

16    A.     I don't -- I don't remember this.

17    Q.     Okay.   Well, is it accurate that you've been employed for

18    6 years and 6 months through that Jackson Hewitt Tax Service

19    charity?

20    A.     Are you asking the part of my business income that I get

21    myself?

22    Q.     I'm not asking anything about your business income.

23    A.     Okay.

24    Q.     My question --

25    A.     Uh-huh.
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1     Q.     -- didn't ask anything about income.           It was

2     specifically -- I'm looking at a pretrial report -- now you're

3     looking at my copy -- where it says your time with the employer

4     is 6 years and 6 months.

5            What I was trying to figure out -- have you been with

6     Jackson Hewitt --

7     A.     Yes.

8     Q.     -- Tax Service --

9     A.     That's right.

10    Q.     -- for 6 years and 6 months?

11    A.     Yes, sir.

12    Q.     That's your employment?        That's how you've been employed?

13    A.     Yes.

14    Q.     Yes.   But yet, going back to Government Exhibit 13, in

15    September of 2021, you told a federal judge, declaring that

16    your answers are true and correct with your signature, as

17    you've acknowledged, that "I am not employed now" as you're

18    asking the Court to provide you with an attorney for free of

19    charge.

20           Can you explain that inconsistency between you being

21    employed for 6 years and you saying a couple of months ago that

22    "I'm not employed.       Give me a free attorney"?

23    A.     First of all, Jackson Hewitt is a seasonal -- is a

24    seasonal business.       Even though I've been with them, like,

25    6 years and 6 months, we -- we stay months and times without
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1     employment.      I don't remember specifically when I was asking

2     the Court for that.       But we don't work year-round.          We're only

3     there for 4 months.

4            But I remember the reason why I did that -- I had paid an

5     attorney $11,000, and he let a whole case crumble and went out

6     of state.     In my pocket -- my money had fluctuated.            I didn't

7     have any money.      And I don't remember having any income at that

8     time, and that's why I had asked the Court to help me.                I

9     wasn't having an income at that time.

10                 MR. HOWARD:     Your Honor, I have no further questions

11    for this witness.

12                 I don't know if Counsel has any other witnesses.                I

13    do have a rebuttal witness given some of the testimony that

14    she's provided today.

15                 If I could reclaim the pretrial report and the

16    exhibits . . .

17                 THE COURT:     Sure.

18                 All right.     Mr. Howell, any follow-up questioning for

19    this witness?

20                 MR. HOWELL:     No, Your Honor.

21                 THE COURT:     Okay.   All right.     You may step down and

22    rejoin Counsel at the table.

23           (The testimony of Gladys Harun concluded at 12:03 p.m.)

24                                        -   -   -

25
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1            (The Court's ruling commenced at 12:54 p.m.)

2                  THE COURT:     All right.     After careful consideration

3     of everything that I've heard here today during the hearing and

4     the exhibits submitted as well as the original complaint and

5     affidavit in support, I do find that she should be detained

6     pending trial.      I do believe she's a flight risk.

7                  And I want to touch on a couple of the things that

8     leads me to this conclusion.          I mean, first of all, certainly,

9     she has the strongest ties imaginable to a foreign country

10    in that she was born in Kenya and has family there and visits

11    often.    And, you know, far more important to me than that is

12    I just can't find any morsel of support for believing that

13    she's going to follow what I tell her to do and that she'll

14    report honestly to the probation officer her conduct.

15                 I look back at that August 2021 filing that she gave

16    to Judge Self in the Middle District of Georgia, and it really

17    stands out to me because, there, she says to him categorically

18    I have no job; I cannot work because I'm disabled; and I have

19    very little money such that I cannot afford to hire an

20    attorney.     None of those things were true.

21                 And so if she will lie to a district judge in the

22    context of a civil action, then how can I trust what she's

23    telling me here today?

24                 And certainly, those statements she made to

25    Judge Self stand very much in contrast to the statements that
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1     she gave to Mr. Wright White (phonetic) the probation officer,

2     in that bail report.        And in my conversation with him, it is

3     very clear that she reported income of $800,000 a year and

4     testified on the stand today that her business has been

5     thriving over the last 2 years.          And so I can't square that

6     with what she told Judge Self.          They're diametrically opposed

7     presentations of the facts.

8                  And, certainly, there is strong evidence here, in

9     addition to her strong ties to Kenya, that she had plans to

10    travel.     I've never heard, in 9 years on the bench, of someone

11    being interviewed by agents about -- and told that they're a

12    target and, on the same day, withdrawing $100,000 not to

13    transfer to another account but in cash.

14                 And so automatically when you hear that, you think,

15    "Boy, might she be wanting to leave to go somewhere?"

16                 It could be an American citizen with no ties to a

17    foreign country engaging in that same act, and you'd still

18    raise the question, I think legitimately, "Does this person

19    have plans to flee the country?" because they've met with

20    federal agents who told them, "You're under investigation, and

21    you are a target of the federal government."

22                 And on top of that, you not only have the withdrawal

23    in cash of such a large amount of money, but you also have a

24    statement from her attorney that -- she expressed no surprise

25    to hear him saying this -- a statement from her civil attorney
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1     to another attorney that she was unavailable for court

2     proceedings in that case for an entire month of July because

3     she planned to be in Kenya.

4                  And at that moment in time, she admitted on the stand

5     that, yes, she was in the general stages of planning such a

6     trip.    But certainly no one had reached out to Mr. Howell or,

7     more importantly, to Mr. Howard to talk about plans for such a

8     trip.

9                  When you look at the other factors under the Bail

10    Reform Act, I think that they certainly support detention

11    as well.     I do think that the weight of the evidence here is

12    strong as we reviewed it this morning through the agent's

13    testimony.

14                 And I do think she presents a danger to the

15    community.     And when you think about danger, often, people

16    think about stabbings and shootings and things like that.                    But

17    danger to the community is really the risk that someone's going

18    to commit a crime and -- of any nature, including a financial

19    crime.

20                 And the fact that she owns 12 of these franchise tax

21    businesses means that there is significant opportunity there

22    for financial fraud to continue to occur.             And so I do

23    believe -- given the fact that I don't think she's credible and

24    the fact that she owns these businesses, when you compare that

25    with the exhibits submitted this morning, I do think that
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1     there's strong evidence that she's a danger to the community

2     as well.

3                  Now, I do want to explain to you that while you are

4     being detained based on the reasoning I just gave that this

5     analysis of the case that I'm conducting right now has -- is

6     completely separate from the process of determining whether

7     you're guilty or innocent of the crimes that you've been

8     charged with.

9                  I hope you understand that you are presumed innocent

10    of those charges under our Constitution.             And that presumption

11    of innocence is firmly in place today.            I'm not telling you

12    you're guilty of these things, but I do have to make a decision

13    about what to do with you in this critical period -- I see you

14    raising your hand, but you had a chance to testify today, and,

15    also, your counsel has made arguments on your behalf, so

16    there's -- at this time, we've closed consideration of any new

17    facts that you may want to provide.

18                 You're presumed innocent.        But the fact of the matter

19    is a grand jury did convene with a prosecutor and not --

20    without the benefit of you being in the room.              The grand jury

21    reviewed the evidence that the Prosecution has and made a

22    preliminary determination that you probably committed these

23    crimes, not that you actually did.           Well, actually, that's --

24    I'm sorry.     Scratch that.      We've not had a grand jury

25    proceeding yet.
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1                  But I have reviewed the affidavit of the agent, and

2     I've made a finding that you probably committed these offenses.

3     And so we have to -- while you're under suspicion of committing

4     a crime when you've been formally charged, as you have, during

5     this interim period of time between now and the time of your

6     jury trial, we have to decide what to do with each person that

7     is presented.

8                  And my determination today that you should be

9     detained pending that trial has nothing to -- no bearing

10    whatsoever on what a jury might do with this case at trial.

11    The Government has a very high burden at your trial.               They have

12    to prove by -- beyond a reasonable doubt to the satisfaction of

13    12 jurors that you actually committed these offenses.

14                 And so we're a long way away from that.            And I don't

15    want you to take from what I'm saying today that that's any

16    indication of ultimate guilt or innocence.             That's reserved for

17    the jury at the trial of your case down the road.

18                 Is there anything further from the Government's

19    perspective we need to address today in this hour -- in this

20    matter, Mr. Howard?

21                 MR. HOWARD:     Not with respect to detention,

22    Your Honor.      I think the outstanding issue of a preliminary

23    hearing -- I don't know if the Court wants to quickly do that

24    today.    It would be -- indeed, I think I could, alternatively,

25    either rest on the evidence that's been put forth already,
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1     because there's a lot of overlap between the preliminary

2     hearing and the evidence that this Court heard from the

3     Government with respect to detention, or -- you know, I'll sort

4     of defer to the Court and to Defense Counsel, but I guess one

5     option I wanted to propose is, again, the Government to sort of

6     rest and resubmit the evidence that's been provided so that the

7     Court can consider that with respect to the prelim hearing.

8                  THE COURT:     Okay.   Thank you for reminding me about

9     that.

10                 We've heard probably 98 percent, it sounds like, of

11    the evidence that the Government would submit in support of the

12    probable cause hearing.        After hearing that evidence --

13                 MR. HOWELL:     I agree, Your Honor.       And I actually

14    talked with Mr. Howard about that, and I thought it would be

15    okay to proceed as he suggested --

16                 THE COURT:     Okay.

17                 MR. HOWELL:     -- today.

18                 THE COURT:     Well, that's up to you.        You now have a

19    much better picture of what the Government is presenting.                    And

20    you really have two options -- three options from here.

21                 Number one, we can go ahead right now and wrap up

22    that evidence and have you cross-examine the agent.               We could

23    postpone that until Monday.         Or, based on the evidence that

24    you've heard today, it may be that she wants to waive her right

25    to a preliminary hearing.         You may have reached a point where
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1     you feel like there's no good faith argument to the contrary

2     in terms of probable cause.

3                  Do you need a minute to talk to your client about

4     that?

5                  MR. HOWELL:     Just a moment, yes, please.

6                  THE COURT:     Take the time you need.        And y'all need

7     some privacy.

8                  Can we take them in -- out of the courtroom into a

9     private room for them to have that conversation?

10                 UNIDENTIFIED SPEAKER:       Yeah.    I'll take her

11    downstairs.

12                 THE COURT:     Okay.

13                 All right.     We'll take a short recess until then.

14                 COURT SECURITY OFFICER:        All rise.

15           (The Court's ruling concluded at 1:02 p.m.)

16

17

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                                                                                   41

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

2

3

4            I, Victoria L. Root, Certified Court Reporter, in and

5     for the United States District Court for the Southern District

6     of Georgia, do hereby certify that the foregoing transcript

7     of the requested excerpts from the proceedings held in the

8     above-entitled matter were transcribed to the best of my

9     ability from the Court's electronic recording system and

10    that the transcript page format is in conformance with the

11    regulations of the Judicial Conference of the United States.

12           WITNESS MY HAND AND SEAL this 19th day of July, 2022.

13

14

15

16

17

18

19

20                                        __________________________________
                                          VICTORIA L. ROOT, CCR B-1691
21                                        United States Court Reporter
                                          Southern District of Georgia
22                                        Savannah Division

23

24    Post Office Box 312
      Meldrim, Georgia 31318
25    (912) 650-4066


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