Transcript of Hearing on Change of Plea — Cameron P. Henderson — United States v. Renetta Golden-Larimore, et al. (W.D. Mo.)

Record facts

U.S. District Court, Western District of Missouri · No. 4:23-cr-00098-BCW · Doc. 201 · 2024-01-04 · Docket on CourtListener

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IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
UNITED STATES OF AMERICA,
) Case No. 23-00098-04-CR-W-BCW
)
Plaintiff,
) Kansas City, Missouri
) January 4, 2024
v.
) 
)
CAMERON P. HENDERSON,
)
)
Defendant.
)
______________________________)
 TRANSCRIPT OF HEARING ON CHANGE OF PLEA
BEFORE THE HONORABLE LAJUANA M. COUNTS
UNITED STATES MAGISTRATE JUDGE
APPEARANCES:
For the Plaintiff:
Mr. Paul S. Becker
Assistant United States Attorney
400 E. Ninth St., Ste. 5510
Kansas City, MO  64106
(816) 426-3122
For the Defendant:
Mr. J. Justin Johnston 
818 Grand Ave., Ste. 101
Kansas City, MO  64106
(816) 739-4538
Court Audio Operator:
Ms. Traci Chorny
Transcribed by:
Rapid Transcript
Lissa C. Whittaker
1001 West 65th Street
Kansas City, MO  64113
(816) 914-3613
Proceedings recorded by electronic sound recording, transcript
produced by transcription service.
Case 4:23-cr-00098-BCW     Document 201     Filed 01/09/24     Page 1 of 28

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(Court in Session at 9:34 a.m.)
THE COURT:  All right.  We are here on Case No. 23-
00098-04-CR-W-BCW, United States of America vs. Cameron P.
Henderson.  May I please have entry of appearance by the
Government?
MR. BECKER:  The United States by Paul Becker, Assistant
U.S. Attorney.  Good morning, Judge.
MR. JOHNSTON:  Good morning, Your --
THE COURT:  Good morning, thank you.  And for Mr.
Henderson?
MR. JOHNSTON:  Sorry, Your Honor.
THE COURT:  That’s okay.
MR. JOHNSTON:  Justin Johnston on behalf of Mr.
Henderson, who also appears in person.
THE COURT:  All right.  Thank you, Mr. Johnston.  All
right.  We are here for the change of plea.  The first thing we
need to cover here is this case comes before me as a magistrate
judge pursuant to what I have before me, which is a written
consent by Mr. Henderson and his attorney.  It’s entitled
“Consent to Entry of Felony Plea before U.S. Magistrate Judge
Lajuana M. Counts.”  Mr. Henderson, did you have a chance to go
over this form?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  Okay.  And did you have any questions for
Mr. Johnston about that waiver?
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MR. HENDERSON:  No, ma’am.
THE COURT:  Okay.  Or just the consent form, I’m sorry. 
All right.  I think it’s an order.  What it says is that as a
Magistrate Judge, you have a -- you’re entitled to have your plea
taken before an Article III judge, which is a District Judge. 
But with this consent you are consenting that I will cover that
plea and if the plea is accepted, what I’ll do is I will prepare
a Report and Recommendation to a District Judge, Judge Wimes,
with a recommendation that a -- that the plea should be accepted. 
Do you understand that?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  Okay.  Are you asking the Court to accept
this consent?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  All right.  That’s what I will do.  I find
that it is in order, today’s date, January the 4th of 2024.  All
right.  We will move forward here.  So, I understand that you
wish to enter a plea of guilty to Count Five of the Indictment,
which is wire fraud, is that correct?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  All right.  Let me go ahead and have you
sworn in.  I need to have you sworn in before I ask you some
questions, and so I’ll have my courtroom deputy to swear you in. 
Just raise your right hand.
CAMERON P. HENDERSON, DEFENDANT, SWORN
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MS. CHORNY:  And if you could say “yes” just for the
record.
MR. HENDERSON:  Yes.
MS. CHORNY:  Thank you.
THE COURT:  Okay.  Because everything is being recorded
so we don’t, --
MR. HENDERSON:  Oh.
THE COURT:  -- it doesn’t record nods or anything of
that nature.  
MR. HENDERSON:  Okay.
THE COURT:  Do you -- okay.  Thank you.
MR. JOHNSTON:  And, Mr. Henderson, I noticed that you
are soft-spoken and that’s why I moved the microphone a little
closer.  But if you could speak up in response to Judge Counts’
questions, that would be helpful.
MR. HENDERSON:  All right.
THE COURT:  Okay.  You are quite soft-spoken there. 
Okay.
MR. JOHNSTON:  Is that a yes?
MR. HENDERSON:  Yes.  Yes.  Yes, ma’am.
THE COURT:  All right.  So, do you understand that you
are now under oath and that if you answer any of my questions
falsely, that you could be later charged and prosecuted for
making a false statement or perjury?
MR. HENDERSON:  Yes, ma’am.
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THE COURT:  All right.  All right.  So, these first set
of questions, Mr. Henderson, has to do with your competency to
enter a plea and so that’s what these are geared toward.  So,
what is your full name for the record?
MR. HENDERSON:  My name is Cameron Perkel Henderson.
THE COURT:  All right.  And were you born here in the
United States?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  In Kansas City?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  All right.  Kansas City, Missouri, I should
say.
MR. HENDERSON:   Yes, ma’am.
THE COURT:  All right.  And how old are you?
MR. HENDERSON:  I’m 27.
THE COURT:  Twenty-seven.  And how far did you go in
school?
MR. HENDERSON:  I went to my junior year of college.
THE COURT:  Oh, awesome, great.  All right.  Have you
been treated recently for any mental illness or any addiction to
narcotic drugs of any kind?
MR. HENDERSON:  Yes.
THE COURT:  You have?  And what --
MR. HENDERSON:  Yes, ma’am.
THE COURT:  What is that?  What kind of a treatment have
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you received?
MR. HENDERSON:  I recently went to a drug treatment
scheduled for -- with -- I forgot his name, but my PO scheduled
me to go to a drug treatment class with this person.
THE COURT:  Are you taking any medications to help with
that treatment?
MR. HENDERSON:  No, ma’am.
THE COURT:  All right.
MR. HENDERSON:  It was only -- it was only a one-time
thing.  
THE COURT:  A one --
MR. HENDERSON:  It was just a one class.
THE COURT:  Okay.  All right.  Have you recently been
under the care of any, well, physician or psychiatrist?  I guess
this was -- this was a treatment.  It wasn’t a doctor, correct?
MR. HENDERSON:  No, ma’am.
THE COURT:  All right.  So, are you currently under --
under the influence of any drug or medication or alcoholic
beverage of any kind?
MR. HENDERSON:  No, ma’am.
THE COURT:  All right.  And do you -- do you understand
what’s happening here today?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  All right.  Does either counsel have any
doubt as to Mr. Henderson’s competency to plead today?  Mr.
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Becker?
MR. BECKER:  I have no information on that.  Thank you. 
I’m sure it’s -- he appears fine.
THE COURT:  Okay.  Mr. Johnston?
MR. JOHNSTON:  I have no concerns, Your Honor.
THE COURT:  All right.  The Court doesn’t either based
upon, you know, your responses to questions and things of that
nature.  So, the Court does find that you are competent to
understand the proceedings here today and enter a knowing plea. 
All right.  These next questions have to do with your
satisfaction with your attorney.  Okay?
MR. HENDERSON:  Yes, ma’am.  Have you had enough time
and opportunity to discuss your case with your attorney?
MR. HENDERSON:  Yes.
THE COURT:  Okay.  And are you fully satisfied with his
advice and counsel?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  Okay.  And has he done everything that
you’ve asked him to do?
MR. HENDERSON:  Yes.
THE COURT:  All right.  Perfect.  Awesome.  Thank you. 
All right.  Next, we need to go over your waiver of rights. 
There are some constitutional rights that you have under the laws
of this -- of this country, and that is the right to a -- a right
to a trial by jury.  No one can convince you or persuade you or
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to make you waive up that -- waive that right.  So, not the --
not the Government, not the judge, not your attorney, not law
enforcement, no one can force you to give up your constitutional
right to a trial by jury.  Do you understand that, Mr. Henderson?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  Okay.  So, these constitutional rights that
I will go over are ones that you will be giving up and waiving by
entering a plea of guilty today.  Do you understand that?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  All right.  So, these are the rights.  You
know, you have the right to plead not guilty and to persist in
your plea of not guilty, but by entering a guilty plea today, you
are giving up that right.  Do you understand that?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  Okay.  You also have the right to be
presumed innocent until your guilt is established beyond a
reasonable doubt by a jury, but since you’re not going to have
that trial, you’re giving up that right.  Do you understand that?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  Okay.  You have the right to a jury trial
and at that trial, the right to effective assistance of counsel. 
Since you won’t have a trial, you’ve giving up that right as
well.  Do you understand that?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  You have the right to confront and cross-
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examine witnesses that the Government would subpoena to testify
against you.  But since you won’t have a trial, you’re giving up
that right.  Do you understand that?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  Okay.  You also have a right to compel or to
subpoena witnesses to come and testify on your own behalf at a
trial, but by pleading guilty here today, you’re giving up that
right.  Do you understand that?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  Okay.  And you also have the right to remain
silent at trial, and in that situation, your silence cannot be
used against you.  Do you understand that?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  So, by pleading guilty here today, you are
giving up that right to remain silent.  Do you understand that?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  Okay.  Did you have a chance to go over
these constitutional rights with your attorney?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  Okay.  I’m sure he explained everything to
you about that.
MR. HENDERSON:  Yes.
THE COURT:  Okay.  So, after all of that, what we’ve
talked about and what you’ve gone over with Mr. Johnston, do you
still want to waive your constitutional rights?
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MR. HENDERSON:  Yes, ma’am.
THE COURT:  Okay.  All right.  Let’s look at the
Indictment.  Do you have a copy of that Indictment?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  All right.  Have you had a chance to fully
discuss these charges in this case with your attorney?
MR. HENDERSON:  Yes.
THE COURT:  Okay.  So, what I’m going to do -- this is
Count Five, I believe, Mr. Becker, correct?
MR. BECKER:  Yes, Judge.
THE COURT:  Okay.  So, I’ll just ask you to explain the
essential elements, just the elements of the charge that Mr.
Henderson will be pleading guilty to and also the punishment for
that -- for that charge.
MR. BECKER:  Yes, it’s a count of wire fraud in
violation of Title 18, United States Code, Section 1343, which is
punishable by not more than 20 years’ imprisonment, not more than
a $250,000 fine, not more than three year’s supervised release,
and a $100 special penalty assessment.  
The elements of the offense that he and -- in aiding and
abetting with another person executed a scheme to defraud.  In
this case, it would be the Small Business Administration, SBA, by
making a false representation that, in furtherance of the fraud
scheme, there was a wire transfer across the state line, and in
this case, it would be the wire transfer of funds from the
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funding bank, something called Prestamos, which is in Arizona, to
Mr. Henderson’s bank account.  And that he, in fact, received
$20,832 as a result of this fraud scheme.  The Government would
prove this case by the documents of the application, which states
falsely that he had a business which had gross receipts of
$144,080 and profit of approximately $99,000 and submitted a
false 2019 Form, Schedule C, with the application.  We have his
actual tax returns.  He did not have a business with those gross
receipts and those profits, and that he, in fact, we have the
bank records showing he, in fact, received the money and spent
the money.  
THE COURT:  All right.  Thank you.  All right.  Mr.
Henderson, do you understand the elements of the charge?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  All right.  And do you also understand the
statutory maximum for this is not more than 20 years’ 
imprisonment?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  Okay.  Let me ask these questions.  I know
there’s a forfeiture allegation.  Is that part of this -- this
plea, Mr. Becker?
MR. BECKER:  No, it’s not, Judge.
THE COURT:  Okay.
MR. BECKER:  I’ve spoken to the monetary penalties
people and we’re not pursuing forfeiture.  There would be
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mandatory restitution.
THE COURT:  Okay.  All right.  So, I won’t talk about
forfeiture then.  As Mr. Becker talked about there may be an
order of restitution, which means, you know, a paying back of the
money.  Do you understand that?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  Okay.  Also, he mentioned the special
assessment, which is $100, and that’s mandatory under the statute
18 U.S.C. Section 3013.  Do you understand that that must be
paid?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  All right.  Also, there was a term of
supervised release of not less than three years’ imprisonment.
MR. BECKER:  I’m sorry, Judge.  That’s a typo on the
Indictment.  It’s not more than three years’ --
THE COURT:  Okay.
MR. BECKER:  -- supervised release.
THE COURT:  Okay.  Thank you.  I’m sure that’s reflected
in the Plea Agreement.  All right.  It just says three years. 
Okay.  So, not more than three years’ imprisonment.  I mean,
excuse me.  Not more than three years’ supervised release.
MR. BECKER:  Correct.
THE COURT:  All right.  So, you know, with super -- I’m
sure Mr. Johnston has talked to you about supervised release,
that that would be a period of time after any possible term of
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imprisonment.  You would -- basically be on paper, as people
would say.  Do you understand that?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  And for supervised release, if you’re on
supervised release and you violate the terms of that supervised
release, the court could revoke your supervised release and send
you to jail for a period of time.  Do you under -- do you
understand that?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  And even after that, the court could impose
an additional term of supervised release after you would get out
from that also.  Do you understand that?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  Okay.  All right.  Let’s go ahead and go to
the Plea Agreement.  Do you have a copy of that, Mr. Henderson?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  Have you read this document?
MR. HENDERSON:  Yes.
THE COURT:  Okay.  And did you discuss all of the pages,
all of the paragraphs, of the -- of these -- of this Plea
Agreement with your attorney?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  And you did that before you signed it?
MR. HENDERSON:  Yes.
THE COURT:  And you signed it today, I believe, is that
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correct?
MR. HENDERSON:  Yes.
THE COURT:  And this is a 13-page document.  Yes, with
your signature, Mr. Johnston, and Mr. Becker’s signature on page
13.  I have the original original, I guess.
MR. HENDERSON:  Yes, ma’am.
THE COURT:  Can you see that from here?  No.  
MR. HENDERSON:  I can’t.
THE COURT:  I know you have a copy right in front of
you.  Look on the -- on the -- on the last page.  
MR. HENDERSON:  Where are you --
THE COURT:  And that’s -- and that’s your signature on
there?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  Okay.  All right.  And what I’m going to do
is -- well, this -- does this Plea Agreement represent all of the
-- your understanding of your agreement with the Government?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  All right.  All right.  So, now, Mr. Becker,
it’s your turn to go over the essential parts of the Plea
Agreement.  And, Mr. Henderson, if you want to read along with
him, and then I may -- I know I’ll have some additional things I
want to talk to you about in the Plea Agreement, but we’ll go
ahead and get started.  Mr. Becker.
MR. BECKER:  Thank you, Judge.  The defendant agrees to
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plea to Count Five of the Indictment charging him with wire
fraud.  Paragraph 3 outlines the factual basis for the plea that
I’ve previously discussed.  That he applied for a PPP loan
through a person named Renetta Golden-Larimore and received
$20,832 of which he paid some back to Ms. Golden-Larimore.  It
outlines the statutory maximum penalties that we’ve described. 
It outlines the sentencing procedure as including the supervised
release provisions outlined by the Court.  The Government agrees
not to bring any further charges against the defendant for
anything related to the PPP loan, and also agrees to move at the
time of sentencing to dismiss Count One of the Indictment, which
charged the defendant with conspiracy to commit wire fraud.  
The Plea Agreement provides that the parties will not be
allowed to withdraw their plea of guilty unless there’s some
cause between now and the time of sentencing.  Paragraph 10
outlines proposed Sentencing Guidelines, which would be a Base
Offense Level of 7 for wire fraud with a four-level increase for
a loss between 15,000 and 40,000.  It envisions that a reduction
for acceptance of responsibility and also since we’re post-
November 1, 2023, there would be a two-level decrease because the
defendant is a zero-point offender.  It outlines the defendant’s
constitutional rights, which have been reviewed by the Court and
he gives up those rights.  Paragraph 15 provides that the
defendant waives his right to appeal the finding of guilt, except
for the grounds of ineffective assistance or prosecutorial
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misconduct.  He also waives his right to appeal his sentence,
directly or collaterally, except for claims of ineffective
assistance, prosecutorial misconduct, or an illegal sentence. 
There is provisions relating to restitution, many paragraphs. 
And that is essentially the provisions that are most important in
the Plea Agreement.  
THE COURT:  All right.  Let me just go over just a
couple of things with you, Mr. Henderson.  Go back to page 6 and
Paragraph 10.  Okay.  And it’s Paragraph 10(d) that says the
parties agree that the court will determine your applicable
criminal history category after they receive the Presentence
Investigation Report.  Do you see that?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  Do you understand that?
MR. HENDERSON:  Yes.
THE COURT:  All right.  And then on Paragraph 10(f) it
says that the United States agrees not to seek an upward
departure from the guidelines or a sentence outside the
guidelines range.  Do you -- do you see that?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  All right.  Also it says the agreement by
the Government to not seek a departure from the guidelines is not
binding upon the court or the Probation Office, and the court may
impose any sentence authorized by law.  It could be more than you
anticipate or it could be less than you anticipate.  Do you
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understand that?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  Okay.  Go to the next page on page 7 and
that’s 10(g).  You are consenting to judicial fact-finding by a
preponderance of the evidence on issues relating to the
Sentencing Guidelines.  Do you understand that?
MR. HENDERSON:  Yes.
THE COURT:  Okay.  In Paragraph 10(h) it says that you
understand and agree that the factual omissions contained in
Paragraph 3 of the Plea Agreement are your admissions and that
that would be used in the calculation of the guidelines.  Do you 
understand that?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  Okay.  Okay.  And go to page 9, and it’s
Paragraph 15.  I think I have to go over that as well.  Mr.
Becker did, but I think the Court has to kind of go over that as
well.  In there you are waiving your right to appeal your finding
of guilt that’s directly or collaterally, except on two grounds:  
ineffective assistance of counsel and prosecutorial misconduct. 
Do you understand that?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  Okay.  And then in 15(b) you’re waiving your
right to appeal your sentence, directly or collaterally, except
on three grounds.  That’s ineffective assistance of counsel,
prosecutorial misconduct, or an illegal sentence.  Do you see
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that?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  Okay.  And also in that 15(b) it says -- it
defines what an illegal sentence is.  Basically it would be
anything that’s above the statutory maximum.  Do you understand
that?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  So, even if you don’t like the sentence that
is imposed and it’s within the guideline range, you’re waiving
your right to appeal that.  Do you understand that?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  Okay.  Then the last thing I always go over
Paragraph 20, which is on page 12.  And that’s just -- that’s
talking about you are acknowledging that you are entering into
your Plea Agreement freely and voluntarily after receiving
effective assistance of counsel.  Do you agree with that?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  Okay.  And that you acknowledge that you are
satisfied with your attorney’s representation.  That he has
advised you of your rights and your obligations in connection
with this Plea Agreement.  Do you understand that?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  Do you agree with that?
MR. HENDERSON:  Yes.
THE COURT:  Okay.  And also in that paragraph that you
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acknowledge that there are no promises or threats other than
what’s in this Plea Agreement that has induced you to enter into
a plea of guilty.  Do you understand that?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  Do you agree with that?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  Okay.  And then also there are no
undisclosed terms of this Plea Agreement, is that correct?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  So everything is within the -- this Plea
Agreement --
MR. HENDERSON:  Yes, ma’am.
THE COURT:   -- that you signed, correct?
MR. HENDERSON:   Yes.
THE COURT:  Okay.  All right.  Just to emphasize, you
understand that the court is not bound by the Plea Agreement. 
I’ve said that before.  So, the court -- it’s a contract between
you and the Government.  So, it doesn’t include the court.  The
court can impose any sentence below the maximum that it believes
is substantively reasonable.  Do you understand that?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  And the Court does that after looking at a
lot of what we call sentencing factors under 18 U.S.C. Section
3553.  That’s the need to deter from future crimes, to protect
the public, things of that nature.  So, it takes all of that into
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consideration and then it will impose a sentence that it -- it
believes is reasonable.  Do you understand that?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  Okay.  All right.  All right.  Let me -- Mr.
Johnston, have you conveyed all formal plea offers to Mr.
Henderson?
MR. JOHNSTON:  I have, Your Honor.  This was, for
purposes of Frye-Lafler, this was the one and only plea offer
extended by the Government.  I’ve discussed it fully with Mr.
Henderson and Mr. Henderson decided to accept that one and only
plea.
THE COURT:  Okay.  All right.  Thank you.  Is that
correct, Mr. Becker?
MR. BECKER:  Yes, Judge, the defendant was given the
choice of pleading to the conspiracy count or the substantive
count.  That’s that.
THE COURT:  Okay.  All right.  Thank you.  So, the Court
does find that the Plea Agreement is in proper form and that it
will be filed.  Let me advise you of this, Mr. Henderson.  This
offense is a felony offense, and with felony offenses, there are
certain civil rights that you could be deprived of with a felony
offense.  And that’s the right to vote, the right to hold public
office.  The right to serve on a jury and the right to possess
any firearm or ammunition.  Do you understand that?
MR. HENDERSON:  Yes, ma’am.
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THE COURT:  So, those are rights that you could be
giving up.  Do you understand that?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  Okay.  Or losing, I should say.  All right. 
The Plea Agreement, the guidelines, talked about that.  Oh, one
thing.  In the federal system there’s no such thing as parole. 
Do you understand that?  We just have like --
MR. HENDERSON:  Yes, ma’am.
THE COURT:  -- supervised release.  So, there’s no
parole in federal court.
MR. HENDERSON:  Yes, ma’am.
THE COURT:  Okay.  All right.  Let’s go ahead and go
over the factual basis for the guilty plea.  You kind of already
went over this, Mr. Becker, but just to make sure the record is
clear.  If you would tell the Court what evidence you would have
presented if this case had gone to trial.
MR. BECKER:  Yes, Judge.  We would present the
application of -- to something called Blue Acorn which was a
portal to take the PPP loan applications that were prepared and
submitted on May 21, 2021, by Golden-Larimore.  We know that
because the IP address that submitted the application comes back
to her home.  It lists the defendant’s personally identifiable
information.  It lists the income.  We said earlier that he had a
business and the bank.  We have his tax records showing he did
not, in fact, have a business with those gross -- gross income
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and profit.  We have the bank records showing that the transfer
of 20,832 happened on June 11, 2021, from Prestamos in Arizona to
the defendant’s J.P. Morgan Chase account, and then he spent the
loan proceeds on personal expenses not associated with any
business.
THE COURT:  And also, Mr. Henderson was here in the
Western District of Missouri when that occurred?
MR. BECKER:  Yes, and, I’m sorry, it was submitted by
Golden-Larimore’s IP address which was in Kansas City, Missouri.
THE COURT:  Okay.  All right.  Thank you.  All right. 
Mr. Johnston, do you agree that that would be the evidence the
Government would present in this case?
MR. JOHNSTON:  I have reviewed the discovery, Your
Honor.  I have reviewed it with Mr. Henderson.  We do agree that
is the evidence that would be presented at a trial and that the
Government could meet all of the elements of the charged offense.
THE COURT:  All right.  Mr. Henderson, do you agree with
the Government’s summary of what you did?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  And that you did what the Government said
you did?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  Okay.  And this is my normal practice.  Mr.
Johnston, I will have you make a factual basis with Mr.
Henderson.
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MR. JOHNSTON:  Sure.  Mr. Henderson, I’m going to do a
little question and answer session with you, so, --
MR. HENDERSON:  Okay.
MR. JOHNSTON:  -- please remember that you are under
oath.  Mr. Henderson, were you present here in Kansas City,
Missouri, in the Western District of Missouri in or about May of
2021?
MR. HENDERSON:  Yes.
MR. JOHNSTON:  Did you know Renetta Golden-Larimore?
MR. HENDERSON:  Yes.
MR. JOHNSTON:  Did Renetta Golden-Larimore collect
personalized information from you to include your Social Security
number, date of birth, et cetera?
MR. HENDERSON:  Yes.
MR. JOHNSTON:  All right.  And did you know that Renetta
Golden-Larimore would use that information to submit a loan
application to the Small Business Administration?
MR. HENDERSON:  Yes.
MR. JOHNSTON:  All right.  And did you know that Mr.
Renetta Golden-Larimore would represent on your behalf to the
Small Business Administration that you had a business that had
$144,080 in gross income in 2019?
MR. HENDERSON:  No.
MR. JOHNSTON:  You did not know that she would make that
representation?
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MR. HENDERSON:  No, I didn’t know nothing about no
numbers.
MR. JOHNSTON:  Okay.  But you did know that she would
represent to the Small Business Administration that you had a
business that you did not have, is that correct?
MR. HENDERSON:  Yes.
MR. JOHNSTON:  All right.  And you did know that she
would represent some number on the -- that loan application,
correct?
MR. HENDERSON:  Yes.
MR. JOHNSTON:  All right.  And you did not verify what
that number would be?
MR. HENDERSON:  No.
MR. JOHNSTON:  Okay.  And you understood that that would
be submitted in furtherance of obtaining what’s called a PPP
loan?
MR. HENDERSON:  Yes.
MR. JOHNSTON:  All right.  And did you receive the funds
from that PPP loan?
MR. HENDERSON:  Yes.
MR. JOHNSTON:  All right.  And you understood that as
part of that process material false representations were made to
the Small Business Administration?
MR. HENDERSON:  Yes.
MR. JOHNSTON:  All right.  And you aided and abetted Ms.
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Golden-Larimore in going so?
MR. HENDERSON:  Yes.
MR. JOHNSTON:  All right.  
THE COURT:  All right.  Thank you.  All right.  Just to
kind of wrap this up.  Mr. Henderson, has -- has anyone attempted
in any way to force you to plead guilty or otherwise threaten
you?
MR. HENDERSON:  No.
THE COURT:  Okay.  Has anyone made any promises or
assurances of any kind outside of the Plea Agreement to get you
to plead guilty?
MR. HENDERSON:  No, ma’am.
THE COURT:  Okay.  And are you pleading guilty because
you are, in fact, guilty?
MR. HENDERSON:  Yes.
THE COURT:  Okay.  And are you doing this of your own
free will?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  All right.  And so let me specifically ask
you, Mr. Henderson, as to Count Five of this Indictment for wire
fraud, how do you plead, guilty or not guilty?
MR. HENDERSON:  I plead guilty.
THE COURT:  All right.  All right.  So the Court does
find that there is indeed a factual basis for the plea of guilty,
and that, Mr. Henderson, since you acknowledge that you are, in
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fact, guilty as charged in Count Five of this Indictment, and
since you know your right to a trial by jury, you know what the
maximum possible punishment is, and since you are knowingly and
voluntarily pleading guilty, I do accept your plea of guilty to
Count Five.  So, this Court -- I will -- I’ll prepare a Report
and Recommendation for Judge Wimes recommending an entry of
judgment on your plea of guilty.  
So, the next step here is the Probation Office will be
talking with you.  They have to prepare what they call a
Presentence Investigation Report before sentencing occurs.  So,
they’re be asking you questions.  And that’s just to get a total
picture of everything.  And so they -- they’ll prepare that and
give that to the court, to the Government, to your attorney, and
you’ll get to see a copy as well.  If you have any changes or
corrections or objections to that report, your attorney can, you
know, submit that.  If that’s -- and the Government also.  If
those issues cannot be resolved, the District Court will resolve
those issues at sentencing.  Do you understand that?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  Okay.  All right.  Do you have any questions
about anything that we’ve discussed here today?
MR. HENDERSON:  No, ma’am.
THE COURT:  Okay.  All right.  I think we’ve covered
everything.  Anything else you can think of, Mr. Becker?
MR. BECKER:  Nothing else.  You’ve covered it.  Thank
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you.
THE COURT:  Okay.  All right.  Mr. Johnston, anything
else you can think of?
MR.  JOHNSTON:  No, Your Honor, thank you.
THE COURT:  All right.  All right.  So, Mr. Henderson,
you are on bond that will continue on.  As I said, I’m sure you
will be talking with the Probation Officer who’s here today, and
get this -- it will be set for sentencing as soon as possible
before Judge Wimes.  I don’t know when that will be, but Mr.
Johnston will keep you informed of that.  Okay?
MR. HENDERSON:  Yes, ma’am.
THE COURT:  All right.  All right.  Thank you all. 
We’ll be in recess.
MR. JOHNSTON:  Thank you, Judge.
THE COURT:  Thank you.
(Court Adjourned at 10:04 a.m.)
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I certify that the foregoing is a correct transcript
from the electronic sound recording of the proceeding in the
above-entitled matter.
/s/ Lissa C. Whittaker
January 9, 2024
Signature of transcriber
Date
Case 4:23-cr-00098-BCW     Document 201     Filed 01/09/24     Page 28 of 28

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