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Sentencing Hearing Transcript — United States v. Gladys Harun (3:23-cr-3)
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A transcript of the sentencing hearing in United States of America v. Gladys Harun, No. 3:23-cr-00003-DHB-BKE, in the U.S. District Court for the Southern District of Georgia, Dublin Division, held January 23, 2024 before Judge Dudley H. Bowen, Jr. and filed October 17, 2024 as Document 48. The court notes the defendant pleaded guilty on April 27, 2023 to count one of an Information charging making false statements. The hearing turns on defense objections to the Presentence Investigation Report's restitution figures: defense counsel puts the loans and grants received at $504,156, and the government responds with a total of $552,649.14 covering loan amounts and lender fees. Two federal special agents are sworn and testify to the individual loan, fee and interest figures. The 61-page transcript ends with the reporter's certificate and the court's remand of the defendant.
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No. 3:23-cr-00003-DHB-BKE · Doc. 48 · Docket on CourtListener
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Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 1 of 61 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA DUBLIN DIVISION United States of America, ) ) Plaintiff, ) ) vs. ) ) Gladys Harun, ) ) Defendant. ) ______________________________) Case No. 3:23CR3 SENTENCING HEARING BEFORE THE HONORABLE DUDLEY H. BOWEN, JR. UNITED STATES DISTRICT COURT JUDGE TUESDAY, JANUARY 23, 2024; 1:59 P.M. FOR THE PLAINTIFF: L. Alexander Hamner, Esquire U.S. Attorney's Office 22 Barnard Street, Suite 300 Savannah, Georgia 31401 (912)652-4422 FOR THE DEFENDANT: Johnny Emmett Clyde Vines, Esquire Johnny Vines, P.C. Post Office Box 1422 Metter, Georgia 30439 (912)243-0519 OFFICIAL COURT REPORTER: Lisa H. Davenport, RPR, FCRR Post Office Box 5485 Aiken, South Carolina 29804 (706)823-6468 Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 2 of 61 INDEX WITNESS DIRECT Brian Jack, By Mr. Hamner Justin Lott, By Mr. Hamner By Mr. Vines CROSS REDIRECT 6 12 Emanuel Githinji, By Mr. Vines 40 Ann Wangui, By Mr. Vines 42 Simon Juchu, By Mr. Vines 43 15 EXHIBITS NO. IDENTIFICATION EVD. (None offered) RECROSS Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 3 of 61 3 1 (Call to Order at 1:59 p.m.) THE CLERK: 2 Case 3:23CR3, United States of America 3 versus Gladys Harun, is called for sentencing. 4 the United States, Alex Hamner. 5 Vines. Representing Representing defendant, Johnny 6 MR. HAMNER: Alex Hamner on behalf of the United 7 States, Your Honor. 8 MR. VINES: Afternoon, Judge. 9 THE COURT: Ms. Gladys Harun, on April 27, 2023, you We're ready to proceed. The defense is ready. 10 entered into a plea of guilty as to count one of an Information 11 charging you with making false statements, and that, of course, 12 in a violation of federal law. 13 read and discuss the Presentence Investigation Report with your 14 lawyer? 15 THE DEFENDANT: 16 THE COURT: 17 objection. Have you had the opportunity to Yes, sir. Thank you. Now, Mr. Vines, I understand there is an Is that correct? 18 MR. VINES: Yes, Your Honor, approximately three. 19 THE COURT: All right. 20 up to three. 21 first one. 22 Well, we can count all the way Approximation not necessary. MR. VINES: Thank you, Your Honor. Tell me about the Your Honor, 23 objection one deals with paragraphs 69 and 41 of the victim 24 impact and restitution. 25 somewhat different from as calculated by the U.S. Probation, Your Honor, our calculations are Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 4 of 61 4 1 Your Honor, and so, therefore, we're objecting to that in that, 2 Your Honor, my client -- according to our estimates she 3 received a total of $504,156 in loans and grants, Your Honor, 4 and she provided documentation to the United States Probation 5 Office that showed that she used those for legitimate purposes 6 regarding her business and, therefore, we're arguing that the 7 restitution amount is therefore flawed. 8 9 10 THE COURT: All right. Mr. Hamner, what do you have to respond there? MR. HAMNER: Your Honor, the -- it's kind of hard to 11 respond in the sense in that the information that we have is 12 the same as probation has. 13 by Gladys and by those that she assisted with obtaining some 14 EIDL loans -- specifically, Jacqueline Black for a PPP loan; 15 Jane Njeru for an EIDL loan, and Esther whose last name I don't 16 know how to pronounce for an EIDL loan as well. 17 amounts total to $552,649.14. It's the amounts that were received Those total 18 I have agents -- Special Agent Brian Jack of the IRS 19 and Special Agent Justin Lott from the SBA -- who can testify 20 as to those amounts and how they came up with those figures -- 21 specifically being the amounts that would cover the loan amount 22 in addition to the lender fees and I am prepared to present 23 them to the Court. 24 THE COURT: 25 Well, let's be direct about it. offense here is making false statements -- The Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 5 of 61 5 1 MR. HAMNER: Yes, sir. 2 THE COURT: -- in the acquisition of EIDL loans, 3 grants or other loans. 4 spent if it was obtained wrongfully. Now, Mr. Vines, is that a concept that you are 5 6 It doesn't matter how the money was disagreeing with? 7 MR. VINES: Unfortunately not, Judge. 8 THE COURT: All right. Now you say in the objection 9 that the money was spent "for business purposes". 10 this accounting that shows that? MR. VINES: 11 Where is Your Honor, my client has provided me a 12 statement from Embrace Africa that had laid out everything that 13 it was spent on, Your Honor. 14 the Presentencing Report, Your Honor. It should be attached as part of 15 THE COURT: And this is it? 16 MR. VINES: Unfortunately. 17 THE COURT: All right. 18 19 20 21 Okay. Y'all have a seat for a moment. I think under the circumstances it's best to get a testimonial record of the amounts, Mr. Hamner. MR. HAMNER: Yes, sir. I will start with Special 22 Agent Brian Jack. 23 so they can properly identify the amounts. 24 25 THE COURT: Your Honor, I am trying to get the paperwork Sure. (Brian Jack is duly sworn.) Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 6 of 61 6 (Brian Jack - Direct by Mr. Hamner) THE CLERK: 1 2 Have a seat. State your name spelling the same and your occupation. THE WITNESS: 3 4 Please come up. Brian Jack. B-R-I-A-N J-A-C-K, Special Agent, IRS Criminal Investigation. DIRECT EXAMINATION 5 6 BY MR. HAMNER: 7 Q 8 summarizing -- I mean briefly -- the extent of the 9 investigation you conducted on this? 10 A 11 Ms. Harun, at her business in middle Georgia. 12 if it was Dublin. 13 Q 14 a hard time hearing you. 15 A 16 off by interviewing Ms. Harun at her place of employment and I 17 don't recall if it was Dublin or Macon, but it was one of her 18 Jackson Hewitt enterprises and we confronted her about her PPP 19 loans at the time and she, essentially, just denied and stated 20 that she was entitled to the money that was obtained. 21 Q 22 referring to? 23 A 24 received. 25 my recollection the first one was a PPP loan for approximately Thank you, Special Agent Jack. Sure. Would you mind briefly So we started by interviewing the defendant, I don't recall I think it might have been Dublin. I am going to ask you to speak up a little bit. Okay. Yeah, I'll talk a little bit louder. Let me back up for a second. I'm having So we started What PPP loans are you Talking about three specific PPP loans, all of which she One of -- I'll go chronologically. To the best of Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 7 of 61 7 (Brian Jack - Direct by Mr. Hamner) 1 $46,033. That one was obtained from Wells Fargo. Secondly, there was a PPP loan for approximately $25,000 2 3 and that number could be off a little bit -- 25, $26,000. That 4 one was a Truist -- I believe it was a Truist PPP loan and 5 then, thirdly, was the big one and that one was obtained 6 from -- Lendistry was the lender -- Lendistry Bank. 7 either doing business as BSD Capital or vice versa and that one 8 was approximately $299,913. 9 Ms. Harun claimed that she was entitled to but also physically 10 obtained the money. It was Those are the three PPP loans that There were four other individuals that Ms. Harun assisted 11 12 in preparing their either PPP or EIDL loan/grant and all of 13 which we talked to and all of them said that they did not have 14 businesses during the timeframe that SBA required businesses to 15 have actually already been established. 16 Q 17 one of those individuals -- Melinda Hoven. 18 A 19 or about 2020 -- mid-2020 to the best of my memory -- but the 20 requirement to have obtained a PPP loan was right around 21 mid-February of 2020. 22 business prior to mid-February of 2020. 23 had not started at that point; therefore, she was not entitled 24 to have obtained any money. 25 Q Okay. So let me stop you for a second. Melinda Hoven. Okay. Let's start with She started a t-shirt printing business in Like, you already had to have had a Her t-shirt company Do you recall approximately the amount from Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 8 of 61 8 (Brian Jack - Direct by Mr. Hamner) 1 Ms. Hoven's PPP loan? 2 A I would have to go through my notes here. 3 Q Please do. 4 can get. 5 A 6 was 15,625. 7 Q 8 fees that were paid? 9 A 10 of $272.69. 11 Q 12 fraudulent because her business was not in existence at the 13 time? 14 A Correct. 15 Q Okay. 16 A Jacqueline Black was the same exact situation. 17 no -- there was no business during the time that she was 18 required to have had a business so she did not qualify. 19 Q Who prepared the PPP loan? 20 A I'm sorry? 21 Q Who prepared the loan? 22 A Ms. Harun. 23 Q The application? 24 A Yes, and the same thing with Ms. Hoven. 25 hers -- prepared hers as well. I think the Court wants as exact figures as you So please provide those. Exact figures. Okay. Yes. Sure. So the amount of Ms. Hoven's loan And in addition to that loan were there SBA lender Yes. Lender fees of $2500 and then there is interest So collectively that's 18,397.69. And Ms. Hoven's application for PPP was determined to be Let's move on to Jacqueline Black, please. There was Ms. Harun provided Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 9 of 61 9 (Brian Jack - Direct by Mr. Hamner) 1 Q And how much was the amount for the PPP loan that was given 2 by SBA to Ms. Jacqueline Black? 3 A Ms. Black received $8,240 -- 4 Q Were there lender fees? 5 A -- $2,500, interest $43.26. 6 10,783.26. I'll move on when you're ready. 7 Q Okay. Let's move on to Jane Njeru. 8 A Jane Njeru. 9 EIDLs. 10 business and Ms. Njeru did not. 11 obtained from SBA in the form of an EIDL $116,300. 12 no lender fees in that situation, but there was interest of 13 $3,510.71. Collectively, that's 119,810.71. 14 Q We'll come back to her in just a second. 15 Esther N-J-O-R-O-G-E? 16 A 17 thing applies here was that she just didn't have a business 18 when she was required to have a business. 19 advance of $15,000. 20 So in total $15,000. 21 Q 22 Ms. Harun had obtained. 23 applications? 24 A 25 cases, but the big one -- Lendistry -- was a -- I would call it This was EIDL. Same principle applies. Okay. Esther Njoroge. Okay. Collectively, that's The following one will be You had to have had an actual She told us she did not. She There was What about This was another EIDL advance and the same She received an EIDL Therefore, no lender fees and no interest. All right. Let's go back to the PPP loans that What was fraudulent about her All three of them were -- it was a combination in some Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 10 of 61 10 (Brian Jack - Direct by Mr. Hamner) 1 a gross inflation of her payroll. 2 secure a PPP loan was heavily driven by payroll, by average 3 monthly payroll specifically during 2019 and then if they opted 4 to use 2020 they could do so, and the payroll was just grossly 5 inflated like tenfold. 6 It was $299,913 and the best I could tell she was actually 7 entitled to approximately $25,000. 8 number, but it was right around $25,000, not 299,913. 9 Q 10 three of these PPP loans? 11 A 12 one the payroll was also inflated and it was also done for the 13 other PPP amount, and let me flip through here, but I believe 14 that one was obtained from Truist. 15 $25,000. 16 know where that is in this folder, but it was approximately 17 25,000. 18 Q 19 loan at $46,440.36. 20 A It sounds pretty close, yes. 21 Q Okay. 22 some of the restitution that's going to be owed based on these 23 figures. 24 restitution in the binder that you have? 25 A Okay. So the PPP calculation to So she obtained approximately $300,000. I have never ran the exact And this same form of fraud was perpetrated for all It was perpetrated for the Wells Fargo on $46,033. That That one was around Let me see if I can find the exact number. I don't I can find it if you need me to. Let me say it this way. Probation calculated the first PPP Does that sound like an accurate figure? Well, I think the Court is going to be determining So do you have the actual amounts that are needed for I don't know. Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 11 of 61 11 (Brian Jack - Direct by Mr. Hamner) 1 Q Okay. 2 A This was not prepared by me. 3 Q That's okay. 4 Your Honor, if I may call Special Agent Justin Lot. 5 are the questions I had for Brian Jack regarding the 6 investigation. He was the lead case agent in the 7 investigation. Special Agent --- THE COURT: 8 Let me just be direct, Mr. Hamner. These This 9 objection has been outstanding for quite a while. It is 10 obvious that we need to establish a record for it. I would 11 have thought that these witnesses might be a little better 12 prepared. 13 MR. HAMNER: Your Honor, I believe that Special Agent 14 Lott is the one that prepared the actual figures. 15 sitting right here behind me. 16 and testify. 17 THE COURT: Okay. He is I was going to have him come up Well, thank you very much, 18 Mr. Jack, but, now, Mr. Vines, do you have any questions for 19 Mr. Jack on what he's told you so far? 20 21 MR. VINES: Your Honor, since the case agent is coming up, no questions for this witness. 22 THE COURT: 23 Thank you, Mr. Jack. 24 MR. HAMNER: 25 Your Honor. All right. Thank you. We would call Special Agent Justin Lott, Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 12 of 61 12 (Justin Lott - Direct by Mr. Hamner) (Justin Lott is duly sworn.) 1 THE CLERK: 2 3 Please state your name for the record and your occupation. THE WITNESS: 4 My name is Justin Lott. Last name is 5 spelled L-O-T-T. I am a Special Agent with the United States 6 Small Business Administration, Office of Inspector General. DIRECT EXAMINATION 7 8 BY MR. HAMNER: 9 Q 10 is the amounts that are owed in restitution; specifically, the 11 amount that Gladys Harun received for her PPP loans. 12 A Yes. 13 Q As well as the amount that was received by Melinda Hoven, 14 Jacqueline Black, Jane Njeru, Esther Njoroge. Special Agent Lott, the question that we have at this time Would you be so kind as to give me the figures for those? 15 16 A Yes, I will. Starting with Embrace Africa DBA Jackson 17 Hewitt Tax associated with Gladys Harun, PPP loan ending 7702, 18 she received $46,033. 19 lender $2,301.65 in lender fees and interest of $407.36 for a 20 total of $48,742.01. 21 Q Okay. 22 A Next we have for Gladys Harun, PPP loan ending 8907. 23 received $20,710. 24 $2,500 in lender fees, interest of $77.09 for a total of 25 $23,287.09. In addition to that the SBA paid the She In addition to that amount the SBA paid out Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 13 of 61 13 (Justin Lott - Direct by Mr. Hamner) Next was PPP loan ending 9010. 1 That was for Embrace 2 Africa. The loan amount she received was $299,913. 3 fees paid out by the SBA were $14,995.65. 4 Q I'm sorry. 5 A 14,995.65. 6 Q Thank you. 7 A And the interest for that loan was $2,062.42. 8 to $316,971.07. Did you say 995 or 955? Next was the PPP loan for Melinda Hovan. 9 The lender That totals That's PPP loan 10 ending 8608. The total amount she received was $15,625. The 11 SBA paid out lender fees of 2,500 as well as interest totaling 12 $272.69 for a total amount of $18,397.69. Next we had EIDL advances that were paid out Njoroge. 13 14 totaled to $15,000. There was no lender fees or interest 15 associated with that. It was just a total of 15,000. Next was the EIDL ending 9104 for Jane Njeru. 16 That The total 17 amount of the loan she received was $116,300. That was a 18 combination of the loans and the EIDL grants and advances she 19 received. 20 funded directly through the SBA and not PPP lenders, but the 21 interest calculated on that loan was $3,510.71 for a total of 22 $119,810.71. 23 Q Okay. 24 A The last was PPP loan ending 8710 for Jacqueline Black. 25 She received $8,240, lender fees paid out of $2,500, interest There was no lender fee for that because it was Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 14 of 61 14 (Justin Lott - Direct by Mr. Hamner) 1 of $43.26 for a total of $10,783.26. 2 Q Now --- 3 THE COURT: 4 THE WITNESS: 5 THE COURT: 6 THE WITNESS: Ten thousand how much? I'm sorry, sir? Ten thousand and how much? $10,783.26. And collectively my 7 calculation comes to $552,991.83 which is just, I believe, two 8 or $300 just over what probation's calculation was. 9 Q 10 of $273 that was previously mentioned? 11 A 12 interest of roughly two to $300 for Melinda Hoven. 13 Q 14 these figures is I believe that since probation prepared this 15 report Jane Njeru had paid approximately $6,101.23 back on her 16 EIDL loan. 17 A 18 calculated in December was $113,913.95. 19 Q 20 had mentioned before down by $6,101.23; correct? 21 sound about right? 22 A 23 sounds about right. 24 MR. HAMNER: 25 And I believe that came from the interest -- the interest Yes, I believe in our original calculation we left off Okay. And the one final thing I want to bring up with Is that right? Approximately, her current balance owed as of when this was Which if I am correct would bring the total amount that you Sounds about right. Does that I don't have a calculator with me, but Your Honor, I have no further questions regarding the amounts that are owed to the SBA. Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 15 of 61 15 (Justin Lott - Cross by Mr. Vines) THE COURT: 1 2 Mr. Vines, you want to ask any questions of Mr. Lott? 3 MR. VINES: Yes, Your Honor. 4 THE COURT: All right. CROSS EXAMINATION 5 6 BY MR. VINES: 7 Q So Special Agent? 8 A Yes, sir. 9 Q Special Agent, so I just want to get this straight. 10 Ms. Jane -- what's her last name? 11 A Njeru. 12 Q $119,810.71. 13 payments on it? 14 A 15 interest that has accrued on that loan since it has not been 16 paid in full was $3,510.71. 17 Q 18 payments on it? 19 A 20 that loan, yes. So I am not sure if I am saying that correctly. She actually received that and she's making She received physically $116,300 and in addition to that The long and short is that she received it; she's making She or somebody else has started making payments towards 21 MR. VINES: Thank you. No further questions. 22 MR. HAMNER: I have no further questions for the 23 witness, Your Honor. 24 THE COURT: 25 for me, Special Agent Lott. I'm thinking. Go back to the Njeru loan What were the circumstances for Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 16 of 61 16 1 the origination of that loan? 2 THE WITNESS: 3 THE COURT: 4 THE WITNESS: 5 For Ms. Jane Njeru? Yes. The total calculated for the loan plus the interest accrued was $119,810.71. 6 THE COURT: Well, what did Ms. Harun have to do with 7 the initiation of that loan? 8 THE WITNESS: The loan for Ms. Jane Njeru, I believe 9 if memory serves me correct, that her loan application actually 10 identified Ms. Gladys Harun on the application itself as the 11 preparer of the application. 12 address and some other methods and we also interviewed Ms. Jane 13 Njeru out in Washington state who admitted that Ms. Gladys 14 prepared the application on her behalf and was paid a fee for 15 doing so. 16 THE COURT: 17 THE WITNESS: 18 THE COURT: 19 THE WITNESS: It was also tied via the IP Well, who got the money? The money went to Ms. Jane Najero. Okay. Minus a portion that she indicated was 20 paid to Ms. Gladys. 21 THE COURT: And what portion was that? 22 THE WITNESS: I can't recall directly. 23 24 25 I want to say if memory serves me roughly $1,000, I believe. THE COURT: Well, I am trying to get to some understanding of the importance of that rather large amount. Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 17 of 61 17 1 Is it fair to say of all of the loans that you saw this is the 2 one that more likely approaches some legitimacy? THE WITNESS: 3 4 Ms. Jane Njeru's loan had no legitimacy at all. THE COURT: 5 All right. 6 A 7 in operation at the time and, therefore, would not have been 8 eligible for any EIDL or PPP funds. 9 10 In fact, Ms. Jane explained to us that she had no business THE COURT: But in any event, she's the one that got the money for it? 11 THE WITNESS: That is correct. 12 THE COURT: As far as you know. 13 THE WITNESS: -- the funds. She received --- We identified the funds 14 went to Ms. Jane Njeru and I believe approximately half of that 15 money was shared with her sister Esther Njoroge which the 16 proceeds were used towards funding education for children and I 17 believe a boat purchase in Kenya, Africa. 18 THE COURT: 19 THE WITNESS: 20 THE COURT: According to her statement. That's correct. All right. Did you review the documents 21 that were supplied to the probation office here as an 22 explanation of where all this money went? 23 24 25 THE WITNESS: I did have a chance to read through the explanation of how the money was spent. THE COURT: And tell me what your conclusion was when Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 18 of 61 18 1 you saw that. THE WITNESS: 2 My overall conclusion is that it seemed 3 to be an overwhelming lack of support. 4 any type of documentation to provide validity to how the money 5 was spent, and based on our review throughout the investigation 6 we identified various wire payments going over to Africa as 7 well as other spending that would not be conducive of eligible 8 business spending for either the EIDL or PPP. THE COURT: 9 There were no receipts, Well, sometimes it goes without saying 10 needs to be said. Is there anything in the EIDL or PPP 11 programs that authorizes the recipient of a loan, grant, or 12 other payment to expend the money in foreign countries? THE WITNESS: 13 I would caveat that with it depends. 14 Primarily, it has to have a direct business correlation to the 15 business that applied. 16 there were a scenario where a U.S. based corporation possibly 17 had employees -- legitimate employees -- overseas, there could 18 be a scenario where that could be warranted. THE COURT: 19 So, thinking outside of the box, if Yeah, a business employee. It doesn't 20 allow for or it doesn't even mention anywhere charitable 21 purposes in a foreign country. 22 THE WITNESS: 23 THE COURT: 24 25 That's correct. Charitable --- You can't run your own foreign aid program. THE WITNESS: That's correct. The EIDL or the PPP Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 19 of 61 19 1 were not established to provide for a charitable benefit. THE COURT: 2 Curiosity compels me to ask, Special Agent 3 Lott, how these lender fees are calculated. 4 hefty. 5 THE WITNESS: Yes, sir. They seem pretty So the way the PPP program 6 operates is the SBA delegates authority to third-party lender 7 financial institutions -- 8 THE COURT: 9 THE WITNESS: 10 THE COURT: 11 I remember. -- in exchange -I didn't know it was like this. You had a $8,000 loan that had a $2,500 lender fee, did you? 12 THE WITNESS: 13 THE COURT: 14 THE WITNESS: That's correct. Yeah. So throughout the period of the program 15 there were some changes as to how those lender fees were 16 calculated. 17 50 percent of the processing fee or $2,500, whichever is less, 18 for loans that were less than $50,000. At one point in time lenders would receive 19 THE COURT: 20 THE WITNESS: Okay. And another point in time it was based 21 on a 5 percent calculation. 22 THE COURT: 23 Anything else, Mr. Hamner, Mr. Vines? 24 MR. HAMNER: No, Your Honor. 25 MR. VINES: No, Your Honor. Okay. Well, thank you. Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 20 of 61 20 1 THE COURT: Okay. 2 MR. HAMNER: With regards to this objection, Your 3 4 5 6 What else, Mr. Hamner? Honor, nothing further. THE COURT: Well, let me get a total on what Special Agent Lott now -- have you got a total of all of this? THE WITNESS: Yes, Your Honor. I've got a total of 7 $552,991.83 of actual loss. If we account for the payments 8 that have been applied towards Ms. Jane Njeru's loan, that 9 brings that actual total due today of $547,095.07. 10 THE COURT: Well, thank you very much, sir. 11 Anything else? 12 MR. VINES: Just a small argument, Judge. 13 THE COURT: Go ahead. 14 MR. VINES: Thank You, Judge. Judge, one of the 15 biggest issues that we take -- what we'd like to point out is 16 that Ms. Jane, $119,810.71 -- she's making payments. 17 received that money. 18 deduct that from what they are -- the state or the government 19 is referring to as actual loss, my calculation comes to 20 $433,181.12. She's making that money. She So if you 21 THE COURT: Is that a question to him? 22 MR. VINES: No, Judge. 23 THE COURT: Well, we'll take that a little later. 24 MR. VINES: My apologies, Judge. 25 THE COURT: Okay. It was just argument. I am going to give you an Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 21 of 61 21 1 opportunity to go over the whole thing. 2 MR. VINES: My apologies. I'll sit down and shut up. 3 THE COURT: Candidly, Special Agent Lott, the lender 4 fees really had very little, if anything, to do with checking 5 out the veracity of the application; is that correct? THE WITNESS: 6 That's correct. It is moreso an 7 unintended consequence I would classify it as taking out the 8 loan therefore caused the payment of those lender fees and the 9 accrued interest to the U.S. Government. THE COURT: 10 The Congress and everybody else was not 11 blind to the fact that there was going to be some fraud. 12 was going to be all of these things and the objective was to 13 get the money out quickly and not to spend three or four months 14 looking over the application. 15 THE WITNESS: 16 THE COURT: Okay. 17 MR. HAMNER: No, Your Honor. 18 THE COURT: Thank you, Special Agent Lott. 19 All right. What else do you want to say on 20 22 23 24 25 Yes, Your Honor. restitution, Mr. Vines? 21 All right. Anything else, counsel? You have the floor. MR. VINES: Thank you, Your Honor. If I may have one THE COURT: I assume you were finished there, moment. Mr. Hamner? MR. HAMNER: There Yes, Your Honor. Thank you. Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 22 of 61 22 1 THE COURT: Okay. 2 MR. VINES: Judge, against my advice my client would 3 like to take the stand. THE COURT: 4 All right. You want her at the lectern 5 where I can look at her or does she want to -- it depends on 6 how long she's going to be. 7 that'll be one thing. 8 THE DEFENDANT: 9 THE COURT: If she's going to be seated, I can stand. All right. Take an oath. (Gladys Harun is duly sworn.) 10 11 THE COURT: Go ahead, Mr. Vines. 12 MR. VINES: Thank you, Your Honor. DIRECT EXAMINATION 13 14 BY MR. VINES: 15 Q Please state your name for the record. 16 A My name is Gladys Harun. 17 Q Ms. Harun, I want to ask you a few questions regarding 18 your --THE COURT: 19 20 Pull that microphone over closer to you, Mr. Vines. 21 MR. VINES: Yes, Your Honor. 22 THE COURT: Thank you. 23 Q Ms. Harun, I would like to ask you a couple of questions 24 regarding some of these loans. 25 April 10 loan for -- ending in 7702, $46,033 which was -- you First, I'll begin with the Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 23 of 61 23 1 received. Could you tell us about that? 2 A 3 became a Jackson Hewitt. 4 55 employees and I applied this loan to pay for the payroll, to 5 pay for the rent, and to pay for my supplies as given by SBA. 6 Q 7 in 9010 which would be the bulk it appears of 2000 -- $299,913. 8 Could you please explain that? 9 A 10 employer I had paid in more wages than it was reported to IRS. 11 I had hired a company called Square Payroll to handle my 12 payroll. 13 contractors bonuses and the bonuses were not included in there 14 and so I called SBA and SBA give me the phone number to call 15 Lendistry and so I called Lendistry and I explained to them the 16 problems I was having and so Lendistry offered to help me get 17 enough money for me to pay for my employees and to pay for 18 everything and then when I received the money, Your Honor, I 19 paid everything to the employees. Yes, Your Honor. I have been an employer since 2016 when I So I had 12 locations and I had like I'd like to bring your attention now to the July 1 ending That one was I applied in 2011. I called SBA because as an So, unfortunately, I used to pay my employees and My total -- my total payroll for those two years was 20 21 617,000 and that's what is recorded in the IRS. They already 22 knew I had issues with my payroll. 23 shrewd. 24 Lendistry offered to help me and they give me that money. 25 Q I wasn't trying to be I was trying to get money for my business and I want to bring your attention to 8907; 20,710. Would you Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 24 of 61 24 1 mind explaining to the Court? 2 A 3 and something. 4 Q Okay. 5 A Yes, sir. 6 Q Now Mr. Black --- 7 A Jacqueline. 8 Q I'm sorry. 9 like to tell the Court regarding that? 10 A 11 years. 12 They qualified for the money as independent contractors. 13 Independent contractors don't really have to have a business. 14 You just have to have self-employed income like if you do 15 something on the side. 16 came to my office she told me that she had a hotel or a 17 restaurant in Florida in 2018 and so she also give me her tax 18 return for 2019 that I attached and give it to SBA. 19 qualified for the money. 20 Q To your knowledge did she receive the money? 21 A She received the money, yes. 22 bank. 23 Q How much of that did you receive as fees? 24 A She came and gave me a donation of like 800. 25 have a school in Africa and I sent my father the money. They said I qualified, also, for a grant that was 10,000 They added that one to me, too. Ms. Jacqueline Black. Is there anything you'd Jacqueline Black -- I had done her taxes for like two Everybody that I applied for I did my due diligence. So Jacqueline Black told me -- when she So she She received the money in her I told her we Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 25 of 61 25 I wasn't charging them a fee, Your Honor. 1 I was just doing 2 it and then if you feel like donating anything, you bring me a 3 donation. 4 anything, that's fine. 5 Q Okay. 6 A Who is that? 7 Q Well, we'll move on. 8 A Oh, Ms. Jane. 9 She has been an independent contractor for so long and hers was 10 a lot of money and I remember she was called by SBA. 11 lady called Savannah from SBA who did her a phone interview 12 before they released the money and so Savannah, Jane Njeru -- 13 they added me on the call and I spoke to lady in SBA before she 14 released the money. 15 tax returns?" 16 independent contractor as a caregiver all those years and 17 afterwards Ms. Savannah qualified her for the money. 18 my due diligence. I even called SBA for her and there were 19 emails from SBA. There were a lot of communications from SBA 20 and I attached also her tax returns for the previous years. 21 Q Now how much of that money did you receive? 22 A I think she donated like 1000 or something. 23 her for the money. 24 Q Lastly, I want to talk about Esther Njoroge. 25 A Esther Njoroge -- most of them were qualified for the That's all. Whoever didn't feel like giving me How about Hoven? Who was that? Ms. Jane? Jane was -- is an independent contractor. It's a She told me, "Can you explain to me her And I explained to her that Jane was paid as an So I did I didn't ask She just gave it to me. Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 26 of 61 26 1 grants. 2 giving them the grants freely, but overall whoever came to me I 3 was doing their tax returns before. 4 what we call a Schedule C which is a profit and loss in their 5 taxes and that is what I was using to qualify them. 6 one and she was an independent contractor as a caregiver in the 7 state of Washington. 8 Q Is there anything else you'd like to tell the Court? 9 A I would like to tell the Court all the applications I did I 10 did my due diligence. 11 most all of them were independent contractors and I also was 12 calling SBA just to confirm that they really qualified for the 13 money, but SBA also qualified them for the grants. 14 ask for the grants, but the government give them the grants. 15 Q No further questions. 16 A Okay. 17 Q I'm sorry. 18 Court? 19 A 20 release my EIDL loan. 21 loan I declared less money. 22 but I had made approximately 850. 23 less money because I had put less income in the application, 24 and it went to the right purposes. 25 I never applied for grants for anybody, but SBA was I made sure that they had Esther had I asked them for their tax returns and I didn't Is there anything else you wish to address the And even for mine I was interviewed by SBA before they MR. VINES: Your Honor, when I applied for that EIDL I declared that I made $650,000, So, basically, SBA gave me No further questions, Your Honor. Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 27 of 61 27 1 THE DEFENDANT: 2 MR. VINES: The government will have --- 3 THE COURT: Wait just a minute. 4 Mr. Hamner, she's under oath. 5 Thank you. Did you want to ask her any questions? 6 MR. HAMNER: Just a couple, Your Honor. 7 I do it here from the table? 8 THE COURT: Is it okay if Sure. CROSS EXAMINATION 9 10 BY MR. HAMNER: 11 Q 12 you received funding for; is that correct? 13 A 14 coming to an end. 15 five lenders so one of them can give me the money. 16 applied I think to five lenders, but one of them qualified me. 17 They told me not to fear, just apply. 18 money, the others will not give you money. 19 system. 20 Q 21 approximately $46,000? 22 A Yes, sir. 23 Q And in that application how many employees did you state 24 you had? 25 A Ms. Harun, you applied for three PPP loans at least that I believe I applied for more. They told me the money was So SBA told me to apply like a minimum of So I If one gives you the They'll see in the Did you apply for a PPP loan on April 10 that was for I did. I can't recall how many employees I had at that time, but I Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 28 of 61 28 1 told SBA and everybody else I had errors. 2 Fargo as my payroll company and I switched to Square Payroll 3 and some of the data was lost and I was forthcoming with this 4 information to the government and to everybody else. 5 that. 6 Q 7 loans. 8 withdrew $100,000? 9 A Yes, Your Honor. 10 Q What did you do with that money? 11 A It was for my attorney fees. Okay. I was using Wells They knew I am not going to ask any more questions about the Do you recall after this investigation began that you 12 THE COURT: 13 THE WITNESS: Yes. I'm sorry. For what? Attorney fees. It went to my first 14 attorney was Jimmy Howell. 15 Q 16 States letting you know that you were under Investigation you 17 immediately went and withdraw $100,000 from your bank account; 18 is that correct? 19 A 20 what you're supposed to do or what you're not supposed to do. 21 I wasn't doing it for malice. 22 attorney. 23 you can't withdraw money if you're under federal investigation. 24 Nobody told me about that. 25 Q So after you received a grand jury subpoena from the United I apologize. Because I am not from America, I don't know I was just drawing money for my I wasn't doing it for anything else. I didn't know I didn't know that. So you withdrew $100,000 after you got the grand jury Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 29 of 61 29 1 subpoena? 2 A Yes, I did that. 3 Q What did you do with that $100,000? 4 A It was for my legal fees. 5 attorney. 6 Q 7 you found out you were under investigation on May 17, 2022? 8 A 9 to my house, spends the night. 10 times in a day. 11 Q So is -- 12 A We've been close friends. 13 Q -- it fair to say that you made a phonecall to her after 14 you found out you were under investigation? 15 A 16 came to my house several times and spent the night. 17 children are here. 18 friends and, you know, we've been hanging out together and 19 everything. 20 Okay. It went to my Did you make a phonecall to Tanisha Roberson after Tanisha Roberson has been my friend since 2011. She comes So we call each other like 20 I don't recall calling her that particular moment, but she MR. HAMNER: They can tell you. Okay. 21 further questions. 22 THE COURT: 23 THE DEFENDANT: 24 THE COURT: 25 That's all. My We have been close Your Honor, I don't have any I don't think it's going to be productive. Ms. Harun -Yes, Your Honor. -- you supplied to the probation officer a -- shall we say an effort in explanation of where the money Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 30 of 61 30 1 went. How was that money transferred? THE DEFENDANT: 2 Did you use checks? To the employees? Yeah, I paid them 3 through a payroll company called Square and the government has 4 all the W-2s and the 1099s and it will total to 617,000. 5 government already has that. 6 THE COURT: 7 THE DEFENDANT: 8 THE COURT: 9 THE WITNESS: IRS. 10 THE COURT: The what? 11 THE DEFENDANT: 12 THE COURT: The Who in the government has that? IRS. Huh? Internal Revenue Service. Internal Revenue Service. Well, when you gave this explanation to 13 probation, did you supply any backup information or any 14 checks -- 15 THE DEFENDANT: 16 THE COURT: Yes, Your Honor. -- or indicia of payment to these 17 investigators from SBA? 18 THE DEFENDANT: I did everything, Your Honor. Even my 19 attorney right now has all of the W-2s. 20 payments. 21 during the investigation I remember when they called me for the 22 proffer we sent them everything, but it was a previous DA. 23 Q They have everything. He has all the rent They have everything. Even So you have copies of everything you sent? 24 THE DEFENDANT: 25 THE COURT: Yes, sir, I do. And, yet, you supplied no more information Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 31 of 61 31 1 than what this listing that you gave to the probation office? THE DEFENDANT: 2 I gave my attorney a bigger stack of 3 documents. 4 Square Payroll documents. 5 probation office is missing something, but I have everything -- 6 everything from Square Payroll. THE COURT: 7 8 He has all the W-2s, all the 1099s, and all the I don't see them there. Maybe the Ms. Harun, I will be candid enough to tell you that I don't think I understood everything you said. 9 THE DEFENDANT: 10 THE COURT: I'm sorry. However, I believe that you said, 11 essentially, when you wrapped up your testimony that you did 12 everything in compliance with the loans and grants that you 13 applied for. 14 THE DEFENDANT: 15 THE COURT: 16 17 Yes, sir. So you really haven't committed a crime here? THE DEFENDANT: No, I didn't mean that. I said I 18 could have made a mistake, but it was not intentional. 19 wasn't trying to rob the government or anything. 20 I did I sincerely apologize for them. 21 22 23 24 25 MR. VINES: I The mistakes Your Honor, if I may approach to talk to my client right quick. THE COURT: Well, I am okay if you -- always you may consult with your client, Mr. Vines. MR. VINES: Thank you. Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 32 of 61 32 1 Your Honor, my client would like to clarify. 2 admits her wrongdoing, Judge, but as the old saying goes, the 3 road to hell was paved with good intentions. 4 THE COURT: 5 oath and testifying. 6 MR. VINES: Over my -- 7 THE COURT: Are you going to -- you're going to 9 MR. VINES: Against my advice, Judge. 10 THE COURT: I understand that, but I want to know who 11 is testifying here, Mr. Vines. 12 MR. VINES: I'll sit down, Judge. 13 THE COURT: All right. 14 Look, Ms. Harun, you plead guilty to an Information. 8 Am I to hear that from her? She She's under Now you called her to this witness stand. testify? 15 When you plead guilty to an Information all of the conduct 16 comes in. 17 case. 18 me how everything was actually very legitimate and you had 19 backup for all of it. 20 commit any crimes or what? 21 It doesn't matter if it is a very small part of a I have to review every part of it. THE DEFENDANT: You went on telling Now are you telling me that you didn't Tell me what you're telling me. The application I did for Katina 22 Wells -- I think that's what I was charged with, the one for 23 Katina Wells. 24 That's the one I took the plea for. 25 did not complete some information for Ms. Wells. There was an application that I did for her. Mr. Jack told me that I That's my Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 33 of 61 33 1 understanding, Your Honor. 2 THE COURT: Okay. 3 MR. HAMNER: No, Your Honor. 4 THE COURT: Have a seat, Ms. Harun. 5 Mr. Vines, are there other objections that you wish to 6 Anything else, Counsel? pursue? 7 MR. VINES: Your Honor, I will jump over to --- 8 THE COURT: For example, we have the item no. 2, the 9 offense level. 10 MR. VINES: Yes, Your Honor. 11 THE COURT: You were seeking a -- well, you'll have to 12 13 explain it to me. MR. VINES: Thank you, Your Honor. Your Honor, the 14 Plea Agreement states that the U.S. Government will recommend 15 and the defendant will recommend to the Court and probation 16 that for the purposes of Section 2B1.1 of the Sentencing 17 Guidelines that it's less than $550,000. 18 offense level -- total offense level with not getting 19 acceptance and everything at an 18 instead of a 20, Your Honor. 20 It would be 14 as it is now with enhancement. 21 that according to the Plea Agreement it should be a 12. 22 researched the case law and long and short of it is it is 23 within the sole discretion of the Court whether the Court 24 accepts the Plea Agreement recommendation or not, but we're 25 asking the Court to keep the sanctity of the Plea Agreement That would put her We're saying I have Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 34 of 61 34 1 whole and allow her to have those two -- that two-point 2 reduction -- and that would, in effect, put her at, I believe, 3 it's 27 to 33 -- yes, Your Honor -- 27 to 33 is base level 4 offense or total offense level of 18 instead of 20 which is 33 5 to 41, Your Honor. 6 THE COURT: Mr. Hamner, any comments on that issue? 7 MR. HAMNER: Briefly, Your Honor. Just that we did 8 agree in the Plea Agreement to an amount less than $550,000 and 9 that amount was based on the actual loss incurred by the SBA. 10 I understand probation's point is the intended loss was closer 11 to a million dollars. 12 calculated. 13 accordance with the Plea Agreement and it was based on the 14 actual loss, Your Honor. 15 16 I don't dispute the amounts as Our recommendation we continue to make in THE COURT: And that's more than 250 but less than MR. HAMNER: Correct, Your Honor. 550? 17 I believe the 18 testimony today was approximately $547,000 which is in that 19 range. 20 21 22 THE COURT: You wanted to talk about acceptance of responsibility, also, Mr. Vines. MR. VINES: Is that correct? Yes, Your Honor. The case law is very 23 clear on that that the defense has the burden of proving that. 24 The case law says it's an uphill battle. 25 testimony that was given by my client and the totality of the Your Honor, given the Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 35 of 61 35 1 circumstances, we would rest and say that we would ask the 2 Court to give her acceptance of responsibility. THE COURT: 3 4 MR. HAMNER: Not on behalf of the United States, Your THE COURT: Mr. Vines, anything else with respect to Honor. 7 8 Anything else with respect to objections? 5 6 So noted. the objections? MR. VINES: 9 Your Honor, I would just point out 10 regarding objection number one my calculation that if the Court 11 does go with 552,991.83, we would ask the Court to deduct 12 Ms. Jane's $119,810.71 and grant restitution $433,181.12 or 13 less. 14 THE COURT: Thank you. With respect to the objections 15 that have been raised by counsel for Ms. Harun, paragraph 69 16 and 141, the probation officer's response is instructive. 17 so-called documentation supplied by Ms. Harun is a 18 self-serving, auto-supportive writing which has no basis or 19 support in genuine or conventionally-accepted business 20 practices. 21 can be interpreted as nothing but pretext. 22 respect to questions of how monies were spent, it may seem 23 important to Ms. Harun, but it's unimportant to the Court 24 because these loans forgivable or not or grants, EIDL, PPP or 25 otherwise were obtained generally by false pretenses, false The It is a bland and grossly general statement which Moreover, with Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 36 of 61 36 1 statements which is the offense to which she plead guilty. Now the negotiated Plea Agreement does not make it, 2 3 shall we say, infinitely easy for the Court to calculate 4 because, apparently, the parties picked the lowest ranking and 5 least egregious transaction to identify as that which is 6 announced in the Information, but, of course, all relevant 7 conduct is to be considered by the Court in sentencing. 8 vehicular means of this Information were selected by the 9 parties in their independent -- their entirely independent -- 10 plea negotiations for one purpose and that is to arrive at a 11 single count that would have a maximum penalty attached 12 acceptable to both sides for whatever reasons they had at the 13 moment. The 14 The objections regarding paragraph 69 and 141 relate 15 to the amount of actual loss and the only genuinely supported 16 information before the Court is the testimony of Special Agent 17 Lott that that sum is $547,095.07. 18 below $550,000, and that is the figure that will be used in 19 calculating the actual loss and other dependent figures. 20 probation office has calculated the restitution amount or loss 21 amount at 552,679.14. 22 there. That is above $250,000, The So a recalculation will be required 23 With respect to paragraph 84 and the probation 24 officer's response, I will note that it is the defendant's role 25 to support in any way she can the entitlement to a reduction in Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 37 of 61 37 1 the offense level on account of acceptance of responsibility. 2 Acceptance of responsibility involves, in addition to mere 3 acknowledgment, some level of remorse, contrition or other 4 genuine manifestation or demonstration of regret. 5 here, especially with the attempt to obstruct justice in 6 tampering with witness and statements made in connection 7 therewith as reported in the probation officer's response 8 number three. I see none 9 Accordingly, the offense level will remain at 18, 10 criminal history category I, providing for 27 to 33 months 11 imprisonment, one to three years of supervised release, 10,000 12 to $100,000 in fines, restitution in the amount of $547,095.07, 13 and a $100 special assessment. 14 of course, is a prison term of five years. The maximum statutory penalty, 15 What was your recommendation in this case, Mr. Hamner? 16 MR. HAMNER: The recommendation? 17 THE COURT: With respect to sentencing. 18 to a recommendation? 19 MR. HAMNER: 20 recommendation, Your Honor. 21 THE COURT: 22 Did you agree We agreed to a low-end guideline I see. And it is recommended by probation -- I don't know if that's public or not, but it was 41 months. 23 MR. HAMNER: I believe that was based on the --- 24 THE COURT: Earlier guidelines. 25 Mr. Vines, Ms. Harun, I will tell you directly at this Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 38 of 61 38 1 point that the Court is considering a sentence in this case of 2 anywhere from the low end of the guidelines to the maximum 3 statutory punishment. 4 sentencing. 5 requires some delay, then I will grant a period of time for you 6 to have that under consideration. 7 about that, you may also have a few moments to do that. You're entitled to know that prior to It is before the Court and if that in your mind If you would like to confer 8 MR. VINES: If I may confer, Judge. 9 THE COURT: Say that again. 10 MR. VINES: If I may have a few moments. 11 THE COURT: All right. 12 MR. VINES: Your Honor, after speaking with my client, 13 she'd like to move forward today. THE COURT: 14 So noted. Mr. Hamner, do you see anything 15 else that needs to be done before we go into matters of 16 allocution? MR. HAMNER: 17 No, Your Honor. I think we've covered 18 the amount of restitution and the guidelines that are 19 applicable. 20 Honor. 21 22 I don't believe there is anything else, Your Thank you. THE COURT: Mr. Vines, is there any reason why we should not proceed into matters of allocution? 23 MR. VINES: 24 Judge, once again, over my advice, my client is 25 Another moment, Judge. wanting the Court -- asking the Court to revisit the issue of Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 39 of 61 39 1 restitution. I have explained to her that we've moved past 2 that matter, but she wants me to ask. 3 THE COURT: 4 to in allocution -- 5 MR. VINES: Thank you, Judge. 6 THE COURT: -- mitigation, that sort of thing. 7 MR. VINES: Yes, sir. 8 THE COURT: Just because the amount of loss is 9 Well, you can bring up anything you want established doesn't mean that has to be ordered as restitution. 10 MR. VINES: Thank you, Judge. 11 THE COURT: What I want to know is can we go from one 12 phase to the other now? 13 14 All right. MR. VINES: Is there any reason why we No, Your Honor. I have two to three witnesses here, Judge, regarding sentencing. THE COURT: 19 20 THE COURT: should not proceed with sentencing at this time? 17 18 Judge, she's wanting to move forward today. 15 16 MR. VINES: All right. Then let me proceed to say this. Ms. Harun, we're going into the question of sentencing 21 22 now. 23 do you have that right, I always encourage it. 24 call on you when he is ready for you to do so. 25 You have a right to make a personal statement. All right. Mr. Vines. Not only Mr. Vines will Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 40 of 61 40 (Emanuel Githinji - Direct by Mr. Vines) 1 MR. VINES: Thank you, Your Honor. 2 THE COURT: Proceed. 3 MR. VINES: Your Honor, At this time I would call Mr. 5 THE COURT: Go ahead, Mr. Vines. 6 MR. VINES: Sir, please state your name. 4 7 You have the floor. Emanuel. Well, actually, raise your right hand. 8 THE COURT: Johnny, get up here by that microphone. 9 MR. VINES: Yes, sir. 10 THE COURT: There you are. (Emanuel Githinji is duly sworn by Mr. Vines) 11 DIRECT EXAMINATION 12 13 BY MR. VINES: 14 Q 15 record. 16 A Emanuel. Emanuel Githinji. 17 Q Could your spell your last name? 18 A G-I-T-H-I-N-J-I. 19 Q And, sir, what is your relationship with my client? 20 A She's my mother. 21 Q And how old are you, sir? 22 A Say what? 23 Q How old are you? 24 A 16 years old. 25 Q Is there anything you want to tell the Court? You got to speak up. Please state your name for the Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 41 of 61 (Emanuel Githinji - Direct by Mr. Vines) 1 A 2 in the house. 3 Q Sir, you have to speak a lot louder. 4 A We want her back home. 5 need her back. 6 Q I'm sorry, sir. 7 A Just we want her back home. 8 her back home. 9 Q Has she always supported y'all? 10 A Yes. 11 encouraging me, uplifting me like a good mother would. 12 Q 13 constant communication with y'all? 14 A 15 about everything: 16 Q 17 willing to provide support to her? 18 A Yes, we would. 19 Q Is there anything else you'd like the Court to know? 20 A No. 21 Q Thank you. I just want to say that we need our mother home, everybody It's been tough without her and we Yeah, that's it. I couldn't hear you. Everybody -- everybody wants She's always supported me through basketball, always And during her 19-month incarceration has she been in Yes, she has. Okay. We talk every day. I have talked to her Basketball, school -- you know, everything. And while she provides support would y'all be That's it. 22 THE COURT: I know she appreciates your being here. 23 MR. VINES: Wait a minute. 24 25 41 The government may have some questions for you. MR. HAMNER: I have no questions for her son. Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 42 of 61 42 (Ann Wangui - Direct by Mr. Vines) MR. VINES: 1 Miss Ann. (Ann Wangui is duly sworn by Mr. Vines) 2 DIRECT EXAMINATION 3 4 BY MR. VINES: 5 Q Please state your name. 6 A Ann Wangui. 7 Q Please spell your last name. 8 A W-A-N-G-U-I. 9 Q And how old are you? 10 A 13 years old. 11 Q And what is your relationship with my client? 12 A She's my mother. 13 Q And is there anything you'd like to tell the Court? 14 there anything you'd like to tell the Court? 15 A 16 respect. 17 back, you know. 18 Q 19 community? 20 A Yes. 21 Q Has she always been a viable member of the community? 22 A Yes. 23 Q With y'alls support do you think that she would continue to 24 be that? 25 A A loving mother. She's a very hard-working mother. I look up to her like a lot. She's very helpful. Is I mean, she deserves my We really need her Yeah. To your knowledge has she always been helpful to the Yes, I do. Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 43 of 61 43 (Simon Juchu - Direct by Mr. Vines) 1 Q Anything else? 2 A No. 3 Q Thank you. The government may have a question. 4 MR. HAMNER: No questions, Your Honor. 5 THE COURT: I know she appreciates your being here 7 MR. VINES: Mr. Simon. 8 THE WITNESS: 6 9 today. Sir, please state your name. My name is Simon Juchu. My name -- last is spelled by J-U-C-H-U. (Simon Juchu is duly sworn by Mr. Vines) 10 DIRECT EXAMINATION 11 12 BY MR. VINES: 13 Q Sir, what is your relationship to my client? 14 A Say that again. 15 Q What is your relationship to my client? 16 A She's my cousin. 17 Q How long have you known her? 18 A Since childhood. 19 the U.S. and I later came and found her here. 20 Q 21 community, if you will? 22 A 23 helpful person, and very helpful person in the community. 24 made a bad choice, but that's out of her character. 25 she's very helpful even in our own community. We grew up together. She immigrated to And to your knowledge has she always been a pillar of the Yes. To my knowledge she's been very hard-working, very She Overall, I know even in Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 44 of 61 44 (Simon Juchu - Direct by Mr. Vines) 1 our own company she had a program where she was helping the 2 needy to file their taxes very discounted or for free for those 3 who could not afford and I know she was doing that. 4 So she -- the family, anybody who needed help. I know the 5 family runs a school that helps the needy and she was very 6 instrumental in organizing people here to help and supporting 7 needy kids. 8 through this experience she's going to reinvent herself. 9 has learned her mistakes and I believe that she's going to 10 reinvent herself and be a better person like she has always 11 been. 12 Q Is there anything else you'd like to tell the Court? 13 A I would like to tell the Court that Gladys is a very 14 dedicated mother who supports her six children. 15 one -- she was taken in when he was two. 16 is the pillar to that home and these kids like Ann here -- 17 she's been doing most of the cooking for the kids and she's 18 telling me she just wants mama home. 19 that the judge will consider that as -- the honorable judge 20 will consider that as he sentences that she will be able to 21 support the community and also her children who are very 22 intelligent, smart kids and they look at her as a role model. 23 Thank you. 24 25 So she's been very helpful and I know that even MR. VINES: Thank you. have a question for you. She The youngest He's now three. They need her. She I believe I believe the government may Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 45 of 61 45 1 MR. HAMNER: No questions on that either, Your Honor. 2 MR. VINES: Your Honor, I believe my client would like 3 to make a statement to the Court. 4 THE COURT: All right. 5 MR. VINES: If she can approach, Judge. 6 THE COURT: Please. 7 THE DEFENDANT: 8 opportunity to address the Court. 9 coming to America. 10 take anything for granted because I came to America in 2005 11 with only $20 in my pocket. 12 in a couch for several months as I settled down in America. 13 pray to God every day to bless me and I promise God that I 14 would be a blessing to other people especially back in Kenya 15 where we don't have anything. 16 Thank you, Your Honor, for this I'm forever grateful for I count it a blessing every day. I do not I slept in my friend's living room I grew up in a remote area in Kenya called Nyahururu 17 (phonetic). I walked to school 2 miles each morning like all 18 the other children. 19 have a lot in our families, and most of the public schools do 20 not have any school buses and rain was not an excuse for 21 missing school and so every child had to carry their food, 22 water back to school and even today as I stand before you the 23 community struggles every day with the economy. 24 like between eight and four dollars a day. 25 programs like Medicaid, food stamps or DFACS or all those We didn't have no vehicles. We didn't People make We don't have I Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 46 of 61 46 1 things. When I drive a car in America when I go through a 2 drive-thru, Your Honor, when I see a bus picking up my kids 3 every morning, I see -- I thank God for my blessings every day. 4 Even as I stand before you it has been a blessing for 5 me to run a business in America, to attend college, even to 6 raise a family. 7 better life than I had, you know. 8 and, sure, it has been a blessing for me to be in this country. 9 I wanted you to know that, and I founded Embrace Africa so I 10 could help seniors with taxes to reduce taxes for them. 11 done that since 2017. 12 discount between 40 and 100 if you're 65 and up. 13 my father and other people in the community where I came. 14 try to help other people because I know God has really helped 15 and blessed me, Your Honor. I am grateful because my children are having a They have a quality life I have When you come to my locations you get a I also help I At the time of my arrest in 2012 I was supposed to 16 17 travel to Kenya. 18 2018 we had dug a well and the chemist had told me to try to 19 purify the water because the water was affecting the children's 20 teeth. 21 genuine interest to help other people and it wasn't my 22 intention to be here actually standing in your court. 23 We had the water project with my father. So that was a problem. In So overall I started with a I never intended to wrong anybody especially the 24 government that enabled me to be here. I sincerely apologize 25 for mistakes done, shortcomings, and omissions that I committed Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 47 of 61 47 1 to everybody and at this time -- at this point I ask that you 2 give me a chance to take care of my six children. 3 I have been doing some Bible studies when in custody. 4 I have done several through correspondence, and if you'd like 5 to -- I would like to give you the certificates -- some 6 certificates that they give to me and, you know, reading the 7 word of God every day and praying I believe has made me 8 reflect -- you know, reflect and think to myself as an 9 individual and from this time on I have made up my mind to 10 pursue peace with everybody. 11 I want to be a productive law-abiding person. I want 12 to be a joy to my family. 13 and I want to put this behind me so I can continue to be a 14 blessing to everybody and so I apologize for all my mistakes, 15 all my -- whatever, you know. 16 I want to be a joy to my children Me being from another country sometimes you find 17 yourself you really don't understand how to do stuff in America 18 and I found myself overwhelmed running a big business and so 19 much responsibilities without a mentor, but overall I have 20 learned from my mistakes and I'll be a better person in life. 21 I will be a better mother and a productive person. 22 hard-working mother like they have told you. 23 sustain myself and be a blessing to my community and, again, I 24 plead for your mercy. 25 I am a I will be able to I never intended all this to happen or anything and I Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 48 of 61 48 1 apologize for all the mistakes I done and I pray that you may 2 have a place in your heart to forgive me. 3 Honor. 4 THE COURT: Mr. Vines? 5 MR. VINES: Thank you, Judge. Thank you, Your To circle back around 6 to what I expressed before, the road to hell was paved with 7 good intentions, Your Honor. 8 THE COURT: That's what my mother always said. 9 MR. VINES: Yes, sir. Your Honor, she's stumbled. 10 would argue that she's fallen. She's been now incarcerated 11 since July 5 of 2022, Your Honor. 12 incarceration she has completed the Disciple Institute. 13 received a certificate from there, several other certificates 14 from Gospel Express Evangelist Team. 15 growth. I During her time in She Your Honor, she showed 16 While in our current vernacular, if you will, she -- 17 you could say that she hasn't expressed remorse or anything. 18 We would argue that it's due to a language barrier and a 19 cultural barrier. 20 entered a guilty plea, Your Honor. 21 support her. 22 move forward with her life, Your Honor, and, therefore, we 23 would ask that the Court either adopt the low end of the 24 guideline or in the alternative sentence her to 33 months, Your 25 Honor, and with regards to restitution we would ask that the She is remorseful. She is here. She's Her family is here to She's wanting to put this matter behind her and Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 49 of 61 49 1 Court order restitution in the amount of $433,181.12 or less. 2 THE COURT: Anything else? 3 MR. VINES: No. 4 THE COURT: Y'all can have a seat for a moment. 5 MR. VINES: Thank you, Your Honor. 6 THE COURT: Mr. Hamner, my comments from the United MR. HAMNER: Your Honor, for the record in terms of 7 8 States? 9 our Plea Agreement I am constrained to recommend a low end of 10 the guidelines recommendation. 11 ask for a variation or departure from that, Njoroge has the 12 Court indicated that it's inclined to do so. 13 prohibited for arguing much beyond that. 14 I have not heard the defendant So I think I am The only thing I can argue for is the restitution 15 amount that we've calculated here in court. 16 is the correct amount as indicated by Special Agent Lott. 17 went through the facts and figures and I believe probation 18 recalculated those to the tune of approximately $547,000 which 19 is the correct calculation, and we argue that that ought to be 20 considered as restitution in the order. 21 I do believe that We To the extent the defendant has portrayed any language 22 barriers or concerns, I think it is prudent to put on the 23 record that she does have or at least is alleged to have a 24 doctorate degree as well as other educational degrees that 25 she's obtained while here in the United States and she's been Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 50 of 61 50 1 articulate and seems to be very clear and understand the 2 entirety of the proceedings as well as the interviews in which 3 she's participated. 4 THE COURT: 5 I'll tell you when to stand up. 6 MR. VINES: My apologies. 7 THE COURT: I have a few things to say first. Nothing further, Your Honor. Thank you, Mr. Hamner. Thank you. In this 8 matter of the United States against Gladys Harun we have 9 explored a number of specific matters. 10 allocution of counsel and a statement in mitigation from the 11 defendant and some comments from the Assistant United States 12 Attorney. 13 restitution amount. 14 record of this proceeding and supported by the record of this 15 proceeding. 16 We have heard I have resolved the objections and the potential The resolution of those issues is in the With respect to matters to which no objections were 17 filed or expressed during the hearing, I will adopt those 18 statements as the Court's own findings of fact. 19 announced the statutory penalty has a maximum of five years 20 imprisonment. 21 know that the total offense level is 18, criminal history 22 category is "I" and which would provide for 27 to 33 months 23 imprisonment, one to three years on supervised release, 10,000 24 to $100,000 in fines, restitution up to $547,095.07 with a $100 25 special assessment. As earlier The guidelines have already been announced. We Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 51 of 61 51 1 In this matter we have heard from the defendant, 2 Gladys Harun, throughout the proceeding but twice in an 3 extended statement. 4 because of the agreements made at an earlier time. 5 also feel constrained to mention that prior to this sentencing 6 hearing a number of matters have come before the Court. 7 two file folders which I brought here out of an abundance of 8 caution so that should some matter of earlier import come up by 9 reference I would have these available. 10 been a two-hearing criminal case where there was a simple 11 appearance for a guilty plea and then a sentencing hearing. 12 great deal more water has gone over this dam, so to speak. 13 The United States is somewhat restricted I would I have This has not simply A We have concluded the matter with the appearance of 14 Attorney Johnny Vines who has piloted this matter through some 15 murky and irregular waters to bring it to conclusion, albeit 16 with zealous representation of his client. 17 guidance it may have, as it seemed in earlier times, foundered 18 upon some misunderstandings. 19 and it appears that Ms. Harun has retained other counsel. 20 of that aside, none of which is important, it is only proper to 21 say that Mr. Vines' appearance and handling of this case has, 22 in addition to providing an appropriate level of advocacy for 23 this defendant, brought a calming influence into the entirety 24 of the progress of this case. 25 Without this Mr. Vines appears by appointment Ms. Gladys Harun's statement by way of allocution All Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 52 of 61 52 1 telling her story in court today as it were is likely one which 2 has been rehearsed before: 3 her immigration, the story of her childhood, the hardships that 4 she began with and the successes that she found in coming to 5 America. 6 story of successes against very difficult odds, and I believe 7 those parts of Ms. Harun's story. The story of her life, the story of Those comments are a very interesting account, a I have no doubts. There began to be some comments which prompted me to 8 9 have some doubts beyond what I've developed during my review of 10 this Presentence Investigation Report. 11 frankly, when Ms. Harun with her intelligence and her ability 12 and her background and her successes in many avenues in this 13 world, in this life, and in this country -- when she tells me 14 sometimes you don't know how to do stuff in America, coming 15 from her that is a tall tale. 16 understanding, a knack, but a great deal of experience in how 17 to do stuff in America. 18 how to do the wrong stuff in America. I will say, quite She has developed not only an The only problem is it's been about Mr. Vines, bending to the needs of his client shall we 19 20 say, talks of a language and cultural barrier. If I have to 21 comment on that, I will say that that is a somewhat ephemeral 22 barrier which is often used by Ms. Harun as a ladder or a force 23 propelling her upward in our very diverse society in this 24 country. 25 inability and her multi-cultural knowledge to her advantage in She has used any accent or apparent linguistic Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 53 of 61 53 1 every way. I will be as candid and direct as I must in this 2 3 matter. Ms. Harun has given us a self-serving, 4 ludicrously-optimistic statement of how the money was spent for 5 legitimate business purposes while the facts are more as 6 Special Agent Lott has testified. 7 some corporations, some gifted prevaricators have applied for 8 and stolen more federal money than this lady has; nevertheless, 9 for someone who sometimes you don't know how to do stuff in 10 America, for someone to apply for and obtained EIDL and PPP 11 funds well over a half million dollars, as far as her 12 capability and her ingenuity at stealing money from the 13 government from a program devised in haste by the most 14 well-intended Congress from the most benevolent sovereign on 15 earth, Ms. Harun has done about as well as anyone could do. 16 far as defrauding the United States of America, she is a 17 success story with few equal. I know that some entities, As 18 Now the government has its reasons for taking a plea 19 to an Information which is probably the most innocuous of all 20 of the loans or intended loans -- the KEW transaction. 21 the U.S. Attorney's business and they can recommend the low end 22 of the guidelines if they want to, but in a manner similar to 23 what I found in the Vinath Oudomsine case, I see here a pattern 24 of activity, a practiced art, if you will, in her relevant 25 conduct that shows more than an utter disregard for the That's Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 54 of 61 54 1 legitimate business owners and taxpayers of America. 2 virtual contempt for those entities that make all of this 3 possible, an almost vindictive effort to take as much as 4 possible and to flaunt it. 5 I see a We spent a lot of time today worrying about the amount 6 of restitution and appropriately so, I suppose, although 7 speculation from the bench is that that really is the least of 8 anyone's concern because it's the least likely of any of our 9 possibilities here. 10 far cry from $547,000. Some may be paid, but it'll probably be a 11 I am notorious for quoting Section '553(a). I have 12 gone through sentencings in this court since 1979 and before 13 while I was practicing law from ultimately conventional 14 sentencing now to advisory guideline sentencing, but the one 15 thing that remains the same, the one thing that stands alone, 16 the one thing that does not change much is Section 3553(a) and 17 glaring in 3553(a) is the element of sentencing that requires 18 that a court take in account of the factor of deterrence. 19 That's what this sentencing is all about: To deter -- 20 not just to deter Ms. Harun from committing the same or similar 21 conduct again. 22 deter others who might be like-minded from committing the same 23 or similar conduct, from defrauding the United States of 24 America, from taking advantage of a well-intended Congress and 25 a benevolent sovereign by stealing as much money as possible Who knows? We'll see. But the point is to Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 55 of 61 55 1 while the world was in shock and horror from this Covid virus. 2 Of course, the powers of the Court's ability to deter 3 are limited here -- limited to the statutory maximum of five 4 years in prison. 5 a million for five years, let me just kind of figure that out 6 and see if that's worth it. 7 be to some. 8 should be known that when the risk is taken and when the 9 consequences are brought effectively and properly to the court 10 and when the conviction is known that the consequences will be 11 significant. 12 Some people might come in and say, well, half It wouldn't be to me, but it might It might be a pretty good risk to take, but it With respect to all of the excuses and all the 13 protests of innocence that I've heard today and a virtual 14 denial of any genuine contrition of guilty conduct as I have 15 heard it, indeed, throughout this proceeding, I just don't 16 believe Ms. Harun. 17 Everything she did was calculated. 18 her benefit or for the benefit of her own individualized 19 idiosyncratic purposes -- to support charities in Kenya -- 20 otherwise, perhaps, a noble objective, something really good to 21 be done with her own money, but not with money that she has 22 defrauded from Washington. 23 Everything she did was intentional. Everything she did was for Accordingly, it is the conclusion of the Presiding 24 Judge that a fair and proper sentence involving and including 25 the element of deterrence and the other factors of Title 18, Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 56 of 61 56 1 United States Code, Section 3553 a must be more severe than the 2 guidelines that have been filed. 3 Ms. Harun, you and your attorney may rise. 4 Upon the foregoing and for the reasons stated the 5 defendant in this case, Gladys Harun, is committed to the 6 custody of the Bureau of Prisons for the purpose of 7 imprisonment for the term of 60 months which is the statutory 8 maximum. 9 departing from the sentencing range called for by the 10 guidelines as a variance or as a departure because the facts of 11 this case are of a kind beyond the contemplations of the 12 Sentencing Commission. 13 There will be no variance or departure. I am This is an extraordinary case, albeit within the 14 numbers that drive the guidelines. 15 practiced effort to defraud the United States of America at a 16 time when not only the country, the Congress, but every citizen 17 was acting from forces and influences of vulnerability 18 throughout. 19 fraudulent activity was made possible in these amounts only 20 because of that extraordinary era in our nation. 21 This is a situation of a Society was in a very vulnerable state and this Upon release from imprisonment the defendant is to be 22 placed on supervised release for a term of three years. 23 on supervised release this defendant is to comply with the 24 standard conditions of supervision adopted by this court and 25 the mandatory conditions required by federal law. Those While Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 57 of 61 57 1 include, but are not limited to, urine testing, a prohibition 2 against possession of any firearm or other dangerous weapon and 3 a prohibition against the violation of any law, statute or 4 ordinance. 5 collection of a DNA sample as directed. Further, this defendant is to cooperate in the While on supervised release the defendant is to comply 6 7 with certain special conditions imposed by the Court. I have 8 determined that these conditions are reasonably necessary to 9 achieve the purposes of sentencing. 10 conditions are imposed. 11 seated. The following special The defendant and her lawyer may be 12 Ms. Watson, would you please announce the conditions? 13 THE PROBATION OFFICER: 14 The defendant must submit to substance abuse testing 15 to determine if the defendant has used a prohibited substance. 16 The defendant must not attempt to obstruct or tamper with the 17 testing methods. 18 officer with access to any requested financial information and 19 authorize the release of any financial information. 20 probation office may share financial information with the U.S. 21 Attorney's Office. 22 charges or open additional lines of credit without the approval 23 of the probation officer. 24 more than one financial institution account or be a signer on a 25 financial institution account without the prior approval of the Yes, Your Honor. The defendant must provide the probation The The defendant must not incur new credit The defendant shall not maintain Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 58 of 61 58 1 probation officer. 2 penalty in accordance with the Schedule of Payment sheet of 3 this Judgment. 4 changes in economic circumstances that might affect her ability 5 to pay this financial penalty. 6 The defendant must pay the financial The defendant must also notify the court of any The defendant must submit her person, property, house, 7 residence, office, vehicle, papers, computers, other 8 electronic-communications or data-storage devices or media to a 9 search conducted by a United States Probation Officer. 10 to submit to a search may be grounds for revocation of release. 11 The defendant must warn any other occupants that the premises 12 may be subject to searches pursuant to this condition. 13 A curfew is imposed as a special condition of Failure 14 supervision. The defendant must comply with the conditions of 15 a curfew from 10 p.m. until 6 a.m. for the period of 16 supervision. 17 place of residence at all times and shall not leave except when 18 such leave is approved in advance by the probation officer. During this time the defendant will remain at her 19 Those are the special conditions, Your Honor. 20 THE COURT: The probation office is directed to 21 provide to the defendant a statement setting forth all of the 22 conditions to which her term of supervised release is subject. 23 Restitution is due in the amount of $552,679.14 to the United 24 States Small Business Administration. 25 wrestle at this moment with the idea of making installment I am not going to try to Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 59 of 61 59 1 payments. I am going to suggest to the United States Attorney 2 that they without delay simply present a judgment to be entered 3 in this case against this defendant to be collected as the 4 United States Attorney may see fit at some time in the future. 5 I am more concerned about restitution; accordingly, I will not 6 impose a fine. 7 in the amount of $100. Special assessment due and payable immediately I am accepting the Plea Agreement for the usual 8 9 reasons. The remaining counts of an indictment against this 10 defendant are dismissed. 11 custody of the United States Marshal. This defendant is remanded to the 12 This defendant has waived any right to appeal except 13 with respect to the imposition of the sentence in this case at 14 the statutory maximum which is above the sentencing guidelines 15 found by the court in this case. 16 Now that sentence has been imposed, other than 17 objections earlier stated in the record are there any 18 objections to the Court's findings of fact, conclusions of law 19 or the manner in which sentence was imposed? 20 MR. HAMNER: Not from the United States, Your Honor. 21 MR. VINES: No, Your Honor. 22 THE COURT: All right. 23 Mr. Hamner, you understood my comments about getting a judgment? 24 MR. HAMNER: Yes, Your Honor. 25 THE COURT: Talk to your financial people. I don't Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 60 of 61 60 1 think it needs to wait any longer, quite frankly, than the 2 Judgment and Commitment Order. 3 MR. HAMNER: It ought to be done this week, Your 5 THE COURT: All right. 6 Counsel, I thank you for your patience today. 4 7 Honor. concludes the matter. Thank you very much. You're free to go. 8 MR. VINES: Thank you, Your Honor. 9 THE COURT: The defendant is remanded. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (The hearing is concluded.) That Case 3:23-cr-00003-DHB-BKE Document 48 Filed 10/17/24 Page 61 of 61 61 CERTIFICATE OF REPORTER 1 2 3 4 5 I, Lisa H. Davenport, Federal Official Reporter, in and 6 for the United States District Court for the Southern District 7 of Georgia, do hereby certify that pursuant to Section 753, 8 Title 28, United States Code that the foregoing is a true and 9 correct transcript of the stenographically-reported proceedings 10 held and that the transcript page format is in conformance with 11 the regulations of the Judicial Conference of the United 12 States. 14 Digitally signed by Lisa Davenport Date: 2024.10.17 15:24:50 -04'00' ________________________________ 15 Lisa H Davenport, RPR, FCRR 16 Federal Official Reporter 13 17 18 19 20 21 22 23 24 25
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