Court filing
Jury Trial Transcript, Day 4 (October 28, 2022) — United States v. Adedayo Ilori
Summary
A jury trial transcript in United States of America v. Adedayo Ilori, 21 Cr. 746 (MKV), in the U.S. District Court for the Southern District of New York, for proceedings held October 28, 2022 beginning at 9:34 a.m. before District Judge Mary Kay Vyskocil. In the opening, in open court with the jury not present, defense counsel flags an anticipated objection to conversations on a Samsung phone and a Telegram application that had been the subject of a motion in limine, and the court states it will caution the jurors about outside reading after a press article referred to the trial. The transcript also records counsel addressing the court about his representation of the defendant. The closing pages list the examinations by page and the Government exhibits received, including Exhibits 572 through 575. The transcript is 203 pages, filed November 18, 2022 as Document 98.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
No. 1:21-cr-00746-MKV · Doc. 98 · Docket on CourtListener
Full text
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Document 98
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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UNITED STATES OF AMERICA,
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v.
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ADEDAYO ILORI,
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Defendant.
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Filed 11/18/22
Page 1 of 203
21 Cr. 746 (MKV)
Jury Trial
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New York, N.Y.
October 28, 2022
9:34 a.m.
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Before:
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HON. MARY KAY VYSKOCIL,
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District Judge
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APPEARANCES
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DAMIAN WILLIAMS
United States Attorney for the
Southern District of New York
BY: JULIANA N. MURRAY, ESQ.
DAVID R. FELTON, ESQ.
Assistant United States Attorneys
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BRILL LEGAL GROUP, P.C.
Attorneys for Defendant
BY: PETER E. BRILL, ESQ.
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ALSO PRESENT:
ISABEL LOFTUS, Paralegal Specialist, USAO
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(Trial resumed)
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(In open court; jury not present)
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THE COURT:
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All right.
Page 2 of 203
507
Have we anything to discuss
this morning?
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MS. MURRAY:
I don't believe so, your Honor.
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THE COURT:
Mr. Brill?
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MR. BRILL:
A couple of brief things, your Honor.
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THE COURT:
Sure.
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MR. BRILL:
I just want to flag for the Court the fact
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that the government's last witness will be bringing in or
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attempting to bring in the conversations on the Samsung phone.
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That was the issue that was covered in the motion in limine, so
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there's likely to be an objection that will come up that was
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contemplated in your Honor's decision.
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heads up about that.
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THE COURT:
So just to give you a
When you say conversation on the Samsung
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phone, can you give me more of an insight into what we're
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talking about.
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Is it prior -- is it statements of a --
MR. BRILL:
The alleged co-conspirator conversation
among the three people on the Telegram app.
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THE COURT:
Okay.
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MR. BRILL:
So I'm likely to object to that when the
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government moves to have it come in.
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THE COURT:
On the grounds that?
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MR. BRILL:
That the government can't establish that
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it was co-conspirator conversations.
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THE COURT:
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it, but thank you.
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MR. BRILL:
Okay.
We'll deal with it when we get to
And just if we -- the Court still intends
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on us closing, depending on how far we get, I would just ask
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for a few extra minutes at the lunch break, if possible.
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THE COURT:
We'll see where we're at, okay?
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MR. BRILL:
Thank you.
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THE COURT:
All right.
So I just want to highlight
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for people that I saw an article yesterday in Inner City Press.
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I don't know if you all follow that.
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alerts on me, so it popped up.
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fact that we have Marshals here.
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I intend to just remind the jurors that they're not to be
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reading or researching anything about the case and to ask if
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anybody has done that, just to be safe.
My chambers gets Google
The article does reference the
Obviously that's a fact, but
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MS. MURRAY:
Yes, your Honor.
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MR. BRILL:
Yes, your Honor.
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THE COURT:
All right.
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THE DEFENDANT:
I'd like to address the Court on the
record.
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THE COURT:
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THE DEFENDANT:
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Mr. Brill, your client is
raising his hand.
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Agreed?
I'm sorry?
I would like to address the Court on
record.
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THE COURT:
Mr. Brill?
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MR. BRILL:
I don't know what he wants to say, your
THE COURT:
Would you talk to your lawyer, please,
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Honor.
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sir.
You're represented by counsel.
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during a trial for you to address me on record unless you're
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choosing to testify.
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It's highly unusual
Talk to your lawyer, and then he can tell me the
subject matter.
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(Mr. Brill conferring with the defendant)
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MR. BRILL:
Your Honor, Mr. Ilori would like to ask
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the Court, or suggest to the Court, that my representation
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during this trial has been ineffective.
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THE COURT:
All right.
Mr. Ilori, your position is
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noted.
I do not agree with you personally, but I'm not the
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ultimate arbiter of that.
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this point I cannot tell you what you should do.
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choose to change counsel, you may significantly prejudice
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yourself.
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mistrial, if that's what you're hoping is going to happen.
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as I say, you can either continue with Mr. Brill, you can
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request new counsel, but new counsel will pick up right where
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we're at today and we will continue with this trial, with no
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lapse in time, or you can represent yourself.
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I'm going to ask Mr. Brill to remain on to advise you, but if
You have a number of options.
I am not adjourning the trial.
At
Should you
I am not declaring a
And
If you do that,
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you are representing yourself, you do not get latitude to
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testify without actually taking the stand and being under oath
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through your representation of yourself.
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you can always file an appeal on the grounds of ineffective
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assistance of counsel if you end up being convicted.
The other option is,
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So I will give you a few moments to talk to Mr. Brill
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or to think about it yourself and decide what it is you want to
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do.
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MR. BRILL:
Your Honor, could we have some privacy?
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THE COURT:
Yes, of course.
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MR. BRILL:
Thank you.
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THE COURT:
We'll take a brief recess.
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Ms. Dempsey, can you let the jury know we have an
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issue that's arisen and we'll be a few moments.
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THE DEPUTY CLERK:
Yes, your Honor.
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(Recess)
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(In open court; jury not present)
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THE COURT:
Please be seated.
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All right.
Where are we at, Mr. Brill?
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MR. BRILL:
Your Honor, I've had an opportunity to
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speak with Mr. Ilori.
If I could just -- I'll tell you what
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he's asking for, and I just would like to add one comment, if I
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could.
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THE COURT:
Sure.
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MR. BRILL:
Mr. Ilori again has indicated that he
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doesn't believe that my representation of him thus far at trial
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has been effective.
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be relieved as his attorney and a new attorney appointed.
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here's my comment.
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attorneys on the CJA panel, I would find it highly improbable
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that any attorney would agree that it was -- not to use a
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double negative.
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would believe it would be malpractice to jump into a trial
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mid-trial without preparation.
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thought about that, but --
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THE COURT:
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As a result of that, he is asking that I
And
Based upon my experience with all of the
I believe that any attorney on the panel
Of course.
So I'm sure your Honor already
And you told that to
Mr. Ilori?
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MR. BRILL:
Yes.
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THE COURT:
But I'm also telling you, Mr. Ilori, we
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are not adjourning the trial and you are not getting a
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mistrial.
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So two points I want to ask.
One, I would need the
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government's consent to this, but Mr. Brill and Mr. -- I'm
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going to ask you, Mr. Brill, would you like to have a
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conversation in the robing room with you and your client and
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me, but only if the government consents?
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Let me ask first what the government's position is on
this.
MS. MURRAY:
Your Honor, just for clarity, the purpose
of the conversation would be for your Honor to advise the
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defendant about the situation and what his options are?
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THE COURT:
Well, I've already done that on the
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MS. MURRAY:
Understood.
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THE COURT:
And for me to understand better the nature
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record.
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of Mr. Ilori's concern and to observe to him, as I have on the
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open record and I will do it again right now -- Mr. Ilori, my
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opinion is the counsel you have been given has been quite
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effective.
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assistance of counsel.
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end of the day, this is your call.
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right in that regard if you should be convicted.
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you what your options are.
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people on the CJA panel if you are insisting that you would
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still like to change counsel.
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that they are all going to say they will not step in under
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these circumstances, but that's an option we can pursue.
You do not have an argument about ineffective
But obviously, as I said to you, at the
And you have an appellate
So I've told
We can go through the list of
I suspect Mr. Brill is right
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He's raising his hand again.
Would you --
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Mr. Ilori, while you are represented by counsel, which
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you still are at this moment, you need to speak through
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counsel.
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MS. MURRAY:
Your Honor, if I may answer your
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question, the government consents to your Honor having a
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conversation in the robing room, and we take no position on the
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new counsel request.
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THE COURT:
All right.
In the meantime -- all right.
Let me first hear from Mr. Brill on this issue.
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(Mr. Brill conferring with the defendant)
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MR. BRILL:
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Your Honor, Mr. Ilori would like to take
you up on your offer of a private conversation.
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THE COURT:
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still his counsel.
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enjoy right now attorney-client privilege with Mr. Brill.
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513
And your view, though, Mr. Brill?
You are
It is potentially dangerous because you
MR. BRILL:
I know what he's going to say, your Honor,
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but I don't -- I think that probably falls under the topic of
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attorney-client privilege, so I don't think I can say it, so --
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that's really the only option that he has if he wants to get
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his -- make his record.
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THE COURT:
All right.
In the meantime, Ms. Murray
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and Mr. Felton, while I speak with Mr. Brill and Mr. Ilori in
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chambers, ex parte, with your consent, you should be looking
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into Faretta hearing issues.
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MS. MURRAY:
We will do so, your Honor.
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THE COURT:
Thank you.
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All right.
Let me see the two of you, with the court
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reporter, though --
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MR. BRILL:
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how they want to --
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THE COURT:
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THE MARSHAL:
Thank you.
If we just check with the Marshals to see
Ah, yes.
Is it acceptable for me to accompany you
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to the robing room, your Honor?
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THE COURT:
Mr. Brill?
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MR. BRILL:
I mean, it's a nonprivileged conversation
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at that point with the Court anyway, your Honor, so I don't
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imagine that the -- I'm sure the Court will order the Marshals
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not to have conversations about what occurred.
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THE COURT:
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be subject to confidentiality.
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Yes, of course the Marshals are going to
Mr. Ilori, the question for you is:
the Marshals being present?
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THE DEFENDANT:
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THE COURT:
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Yes.
All right.
Because I'm not prepared to
have a conversation without the Marshals present.
All right.
So we'll adjourn to the robing room then.
Thank you.
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MS. MURRAY:
Thank you, your Honor.
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THE COURT:
All right.
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jurors know, with apologies.
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late, and now we're keeping them waiting.
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Do you consent to
Ms. Dempsey, could you let our
I landed on them about being
(Pages 515-523 SEALED by order of the Court)
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(In open court; jury not present)
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THE COURT:
Mr. Brill, are you ready or not yet?
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MR. BRILL:
Your Honor, perhaps we should approach
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with the Marshal.
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It can be on the record if you want.
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THE COURT:
Do you want to join us?
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MS. MURRAY:
Government?
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(At the sidebar)
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MR. BRILL:
Yes.
Again, within the bounds of what I can and
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can't discuss under privilege, your Honor, Mr. Ilori,
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unhappily, has determined that he wants to move forward with
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counsel—-me, that is—-number one.
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Number two, based upon the Court's own observations
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and mine and the government's, the delay to the July trial,
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from my opinion, as I previously told the Court, I believe was
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unwarranted because I believe I was fully prepared to move
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forward at that time, as I said to the Court at that time.
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This is not based upon any privileged conversation,
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but my belief is that this may -- this situation may be a
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delaying tactic.
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THE COURT:
That's painfully obvious.
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MR. BRILL:
Yes.
I have expressed to the Marshals my
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concern that the additional delay tactics are fairly limited,
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and I don't know if I am fantasizing here, but could include
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hauling off and punching me in the head in the middle of the
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trial, because obviously that would lead to a delay.
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don't particularly have a physical fear of Mr. Ilori, but given
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that his options may be limited—-and I'm sorry to have to say
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this at all—-if he feels that he really wants this trial not to
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move forward with me as his attorney, given his limited
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options, he might try something more dramatic.
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in fact to say that this actually will happen, but in narrowing
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down the possibilities, if delay is his tactic, then there
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aren't that many left.
I have no basis
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I don't want to prejudice Mr. Ilori in front of the
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jury by noticeably increasing security or handcuffing him or
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something like that.
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over would be obvious to the jury and prejudicial.
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obviously want to protect the record and make sure that this
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trial is fair to Mr. Ilori.
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thinking about it, and given, again, not based upon any
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privileged conversation but just on my observation of his
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emotional state, I don't know if it's a realistic concern or
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not, your Honor, but I just want to raise it with the Court.
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THE COURT:
I don't even know if moving him a chair
And we
But in good conscience, as I was
All right.
Two things.
Is somebody with
Mr. Ilori?
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MR. BRILL:
Yes.
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THE MARSHAL:
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THE COURT:
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Marshals about this.
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THE MARSHAL:
He's in the holding cell.
Okay.
I guess I welcome views from the
So I can get in contact with our
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higher-ups, our management, just to get what the options are,
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but ultimately it would be up to you as to what level of
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restraint, if any, or separation.
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management to find out.
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THE COURT:
All right.
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But I will contact our
Well, I'll just observe for
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the record -- I'm not going to say much, but I will observe for
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the record that it is absolutely my view that this is a tactic
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by Mr. Ilori, completely unfounded and strategic on his part,
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and he is, to my observation, somewhat manipulative.
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understand your concern, Mr. Brill.
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MR. BRILL:
So I
The minimal -- the minimum step would be
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simply to put a chair in between us.
I don't know if that
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would be -- or maybe even a chair's length in between us
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without a chair.
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THE COURT:
Yeah.
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MR. BRILL:
Because that would just make it harder to
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do something, and since the Marshal is young and athletic, it
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wouldn't be hard for him to, you know, close that distance
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rather quickly if there was ever an issue.
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THE COURT:
And what we could certainly do is if you
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put a chair distance between you, your chair could be in the
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space, right?
So that --
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THE MARSHAL:
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THE COURT:
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Yes, your Honor.
So that you could intercede quickly if
need be.
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We could also pull in an additional CSO,
if that would be more comforting.
THE COURT:
As we get to turning the case over to the
jury, I think the CSOs come up anyway then, right?
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THE DEPUTY CLERK:
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MR. BRILL:
That's give or take four hours from now.
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THE COURT:
I agree.
Yes.
Well, at this point now, because
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we have to do the charging conference.
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be very long, unless there's new issues that you haven't told
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me about.
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them and move ahead.
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THE MARSHAL:
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sure we're all squared away?
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THE COURT:
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I don't think it will
But that's what I think we need to do is separate
I'll contact management just to make
Yes.
If you could consult with them, and
then we'll confirm everything before we go back.
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THE MARSHAL:
Thank you, your Honor.
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THE COURT:
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THE MARSHAL:
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that side, your Honor.
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assist if I could.
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here, which would provide more protection or security.
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another chair, puts another barrier, to just make it go
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smoother like a normal trial.
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THE COURT:
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So Ms. Dempsey, do you want to ask them if they'll
But sir, you have a shirt with -I'm actually doing another matter on
I just heard about it so I came over to
It would be more natural to have the CSOs
Thank you.
Puts
Thank you for your assistance.
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have a CSO come up.
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Is there any objection?
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MS. MURRAY:
No, your Honor.
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THE COURT:
Mr. Brill?
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MR. BRILL:
As long as it's inobtrusive.
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THE COURT:
In the back of the courtroom, which is
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where they would be sitting anyway, once we turn the case over
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to the jury.
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earlier this morning, actually; just seems like yesterday --
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that one of the jurors did inquire who were the people in the
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suits sitting behind Mr. Ilori, and Ms. Dempsey just said
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they're part of the team and left it at that.
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But I did mention to you yesterday -- I mentioned
So let's see what the feedback is, okay?
Thank you.
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(Recess)
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(Jury not present)
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THE COURT:
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Please, Mr. Ilori, can you pull that microphone over
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All right.
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We are back on the record.
in front of you?
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Sir, we've now had a long opportunity for us to talk
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and for you to talk with Mr. Brill.
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confirm on the record that we are proceeding with Mr. Brill as
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your counsel.
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THE DEFENDANT:
I'd like you to just
I only have two choices, and which I
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either go on with Mr. Brill, that never gave me my discovery,
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or I go with myself.
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case, so I have to go with Mr. Brill right now.
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my discovery.
So, I do not have any understanding of my
I don't have
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THE COURT:
Yes.
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THE DEFENDANT:
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THE COURT:
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So since we've inconvenienced the jurors for over an
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hour already, and Mr. Greenwald, counsel for Mr. Recamier, is
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here, we're going to take out of order the defense' request to
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call Mr. Recamier.
Yes.
Thank you.
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Is that still your intent, Mr. Brill?
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MR. BRILL:
Yes, your Honor.
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THE COURT:
All right.
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So will the Marshals please
bring -U.S. MARSHAL:
Yes, your Honor.
He's being brought
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THE COURT:
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opportunity to speak with him?
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MR. GREENWALD:
Okay.
Mr. Greenwald, have you had an
Yes, your Honor.
I spoke with him in
the cell block today and reconfirmed his intent not to testify.
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THE COURT:
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It's my intent to put him under oath, let Mr. Brill
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ask whatever it is he wants to ask, and then you can as his
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counsel invoke, but I need him to confirm that he's invoking.
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the choreography.
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here?
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Thank you.
MR. GREENWALD:
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Yes, your Honor.
I'm unfamiliar with
Do I stand next to him or do I stand back
THE COURT:
You know, it is a little awkward, but if
you're comfortable, there is a chair there.
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Any objection to that?
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MS. MURRAY:
No, your Honor.
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MR. BRILL:
No, your Honor.
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How many questions should I have ready?
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THE COURT:
Thank you.
You need to make clear what your subject
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matter is going to be in order for him to make an informed
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decision, and the question is do your questions put him at risk
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for further incrimination or prosecution.
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MR. BRILL:
Yes, your Honor.
Correct?
I'm prepared to do a
full examination.
THE COURT:
Okay.
Mr. Greenwald, is it your intent to
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3
Document 98
Filed 11/18/22
Page 17 of 203
be heard after he invokes?
MR. GREENWALD:
Not unless anyone has any questions.
If he invokes, then I think he's done.
4
THE COURT:
5
MR. GREENWALD:
6
I will have nothing unless the Court or counsel has
7
531
Well, he's done if I say he's done.
Right.
any questions.
8
THE COURT:
Okay.
Is it your intent to be heard?
9
MR. BRILL:
We may, just for the clarity of the
10
record, want the government's prior representation that they
11
are not to going to claim immunity to be placed in this part of
12
the record.
13
14
15
THE COURT:
the script.
Yes, that's fine.
Okay.
Thank you.
All right.
I'm going to ask Ms. Dempsey to let me
16
know when they're ready.
17
(Recess)
18
(Jury not present)
19
THE COURT:
20
Mr. Brill, are you calling a witness?
21
MR. BRILL:
22
23
So we all have
You can stay seated.
Thank you.
Please be seated, everyone.
Yes, your Honor.
The defense calls
Christopher Recamier.
THE COURT:
All right.
And, for the record, we're
24
taking this out of order for the reasons we previously
25
discussed.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MASDILO2
Document 98 Filed 11/18/22 Page 18 of 203
RECAIMER - DIRECT --
1
Good afternoon, sir.
2
Ms. Dempsey, would you swear the witness, please?
3
CHRISTOPHER RECAIMER,
4
called as a witness by the Defendant,
5
having been duly sworn, testified as follows:
6
DIRECT EXAMINATION
7
THE COURT:
Mr. Brill.
8
MR. BRILL:
Thank you, your Honor.
9
BY MR. BRILL:
10
Q.
Good morning, Mr. Recamier.
11
A.
Good morning.
12
13
532
THE COURT:
Sir, if you would, if you could lean
forward and speak into the microphone.
14
THE WITNESS:
15
THE COURT:
16
Q.
17
Adedayo Ilori?
Yes, ma'am.
Thank you, sir.
Mr. Recamier, do you know an individual known as Brian or
18
(Discussion between the witness and his counsel)
19
A.
I want to invoke my right not to testify.
20
Q.
All right.
21
I'll ask you a couple of other questions.
All right.
With regard to Mr. Ilori, did there come a
22
time that you provided him with access to a leased Mercedes
23
Benz?
24
A.
I'm going to invoke my right not to testify.
25
Q.
With regard to Mr. Ilori, did there come a time when you
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MASDILO2
Document 98 Filed 11/18/22 Page 19 of 203
RECAIMER - DIRECT --
533
1
provided -- when you leased an apartment for him in the name of
2
William Jamieson?
3
A.
I invoke my right not to testify.
4
MR. BRILL:
Is that sufficient, your Honor?
5
THE COURT:
Is that the extent to what you want to ask
6
him about subject matter wise?
7
MR. BRILL:
Subject matter wise, they're all similar
8
subjects.
9
be along the same lines.
10
11
12
So I can continue.
THE COURT:
I just -- they're all going to
All right.
Counsel, what is the basis for
Mr. Recamier's invoking of the privilege?
MR. GREENWALD:
Your Honor, Mr. Recamier has a -- has
13
a belief that truthful answers would tend to incriminate him
14
for matters beyond the charge for which he's plead guilty and
15
been sentenced, and in discussions with the government, we
16
understand that there is potential exposure to Mr. Recamier if
17
he offered truthful answers to the questions and subject matter
18
Mr. Brill is exploring.
19
THE COURT:
All right.
Mr. Recamier, do you intend to
20
follow your counsel's advice if additional questions are put to
21
you and you will be invoking your right not to incriminate
22
yourself?
23
THE WITNESS:
24
THE COURT:
25
Yes, ma'am.
All right.
Let me ask the government, are
you prepared to grant Mr. Recamier immunity?
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MASDILO2
Document 98 Filed 11/18/22 Page 20 of 203
RECAIMER - DIRECT --
1
MS. MURRAY:
We are not, Your Honor.
2
THE COURT:
All right.
534
I do find that this line of
3
questioning that Mr. Brill has posed and additional questions
4
along the same lines do pose a risk to Mr. Recamier of further
5
incriminating himself and further prosecution.
6
I'll say for the record, the parties to this case
7
know, but for the record, he has plead guilty.
He has been
8
sentenced, but only to Count 1 of the indictment against him,
9
which contained five additional charges.
10
Now, the government did dismiss those charges, but I
11
am aware from his sentencing or his plea allocution, I forget
12
which, that, as I recall, there are state charges that are out
13
there.
14
agreement, which very specifically reserves the government's
15
right to bring further prosecution under I believe the RICO
16
statute.
17
In addition, I went back and I reviewed the plea
So I do find that Mr. Recamier faces the risk of
18
further incriminating himself and does have a right to invoke
19
his Fifth Amendment privilege.
20
MR. GREENWALD:
21
THE COURT:
Anything further for the record?
22
MR. BRILL:
No, your Honor.
23
THE COURT:
From the government?
24
MS. MURRAY:
No, your Honor.
25
THE COURT:
All right.
Thank you, your Honor.
Thank you.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MASDILO2
1
2
Document 98 Filed 11/18/22 Page 21 of 203
RECAIMER - DIRECT --
Thank you, Mr. Recamier, and thank you, Mr. Greenwald,
very much.
3
(Witness excused)
4
MR. GREENWALD:
5
THE COURT:
6
535
Thank you, your Honor.
I'm sorry for the inconvenience about
timing to both of you.
7
All right.
So it is now 11:15.
Because of the issues
8
that we had this morning, we suggested to the jury that they
9
take an early lunch.
10
Ms. Dempsey?
They're coming back at what time,
11
THE DEPUTY CLERK:
12:30, Judge.
12
THE COURT:
Is there anything else we can or
12:30.
13
should accomplish between now and then, or should we all resume
14
at 12:30 with the expectation and the goal that we're pressing
15
through to the conclusion of evidence and perhaps hopefully
16
even summations?
17
18
MS. MURRAY:
Yes, your Honor.
Nothing from the
government to address right now.
19
THE COURT:
Mr. Brill?
20
MR. BRILL:
I can't think of anything, your Honor.
21
THE COURT:
All right.
So the only question I have
22
for each of you is how long do you each expect to be with
23
summations?
24
25
MR. FELTON:
The government will be about 50 minutes,
5 0.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MASDILO2
Document 98 Filed 11/18/22 Page 22 of 203
RECAIMER - DIRECT --
1
THE COURT:
2
Mr. Brill.
3
MR. BRILL:
Probably 35 to 45.
4
THE COURT:
Thank you.
5
12:30 did you say?
Five 0.
6
THE DEPUTY CLERK:
7
THE COURT:
8
I'll see everybody then at
Yes, your Honor.
All right.
I'll see you shortly before
12:30, so we're ready to go at 12:30.
9
(Recess taken.)
10
(Continued on next page)
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
536
Case 1:21-cr-00746-MKV
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Document 98 Filed 11/18/22 Page 23 of 203
RECAIMER - DIRECT --
537
1
2
(Jury not present.)
3
THE COURT:
All right.
5
MS. MURRAY:
Yes, your Honor.
6
MR. BRILL:
Yes, your Honor.
7
THE COURT:
All right.
8
MS. MURRAY:
Yes.
4
Good afternoon.
Are we ready
to go?
Is your witness here?
We just didn't want her in the
9
courtroom in case there are any other issues to discuss.
10
ready.
11
She's
THE COURT:
I don't have anything unless either of you
13
MS. MURRAY:
No, your Honor.
14
THE COURT:
So, Ms. Palm mer, you want to resume the
12
15
do.
witness stand, and we'll get the jury then after that.
16
17
Thank you very much.
You can have a seat.
18
19
20
Thank you.
I'm sorry to keep you waiting.
Thank you.
We're going to bring the jury out now, okay?
you.
(Continued on next page)
21
22
23
24
25
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Thank
Case 1:21-cr-00746-MKV
xMAS1ILO1
Document 98 Filed 11/18/22
Palmer - Cross
Page 24 of 203
538
1
2
(Jury present)
3
THE COURT:
4
To our jury, thank you very, very much.
All right.
Please be seated, everyone.
I know you
5
were all here on time and ready to go.
6
patience very much.
7
it works with trials, that legal issues come up and I have to
8
deal with the parties and lawyers outside of your presence.
9
And that's what happened this morning.
10
I appreciate your
Unfortunately, this is sometimes the way
So we had two separate things we had to deal with, and
11
it became obvious -- I didn't want you sitting around any
12
longer.
13
to move ahead with dispatch.
14
what I told you yesterday was my hope, that we'll complete the
15
evidence today.
16
17
So I hope you all got something to eat.
We're going
And I'm still trying to keep to
So, Ms. Palmer, you remain under oath, and we are
ready for Mr. Brill's cross-examination I believe.
Yes.
Right?
18
MR. BRILL:
Thank you, your Honor.
19
ELIZABETH PALMER, resumed.
20
CROSS EXAMINATION
21
BY MR. BRILL:
22
Q.
Good afternoon, Ms. Palmer.
23
A.
Good afternoon.
24
Q.
Just generally, throughout the records that you reviewed in
25
creating your charts, did you ever come across the name Adedayo
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
xMAS1ILO1
Document 98 Filed 11/18/22
Palmer - Cross
Page 25 of 203
539
1
Ilori?
2
A.
In the bank statements, no.
3
Q.
Okay.
4
A.
No.
5
Q.
Or any Ilori for that matter?
6
A.
Not that I recall.
7
Q.
A couple of just specific things I was wondering about.
8
There was some Zelle transfers with specific names attached to
9
them.
10
A.
Yes.
11
Q.
I think there was like a John and a David?
12
A.
Yes.
13
Q.
Were you provided any additional information about who
14
those individuals were?
15
A.
I did not look into the details of the Zelle transactions.
16
Q.
Aside from you personally, do you know if anyone else did
17
that -- you know, that the information was provided to you?
18
A.
I am not aware of that.
19
Q.
Looking at --
And did you ever come across the name Brian Ilori?
Do you recall that?
20
MR. BRILL:
Ms. Loftus, could we put up Exhibit 702 to
21
begin with?
22
Q.
23
transfers to controlled accounts -- that is what you summarized
24
towards the end of your testimony yesterday, right?
25
A.
I think, Ms. Palmer, it was clear what the 137,000
Yes.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
xMAS1ILO1
Page 26 of 203
540
1
Q.
2
withdrawals, does that cover the ATM withdrawals, the Zelle --
3
what else is included in that?
4
A.
5
They would be in the 1,700.
6
Q.
Okay.
7
A.
The other withdrawals are withdrawals that just on the face
8
of the documents from the bank I could not tell if they were
9
cash.
10
electronic transfer.
11
Q.
12
are actual transfers between accounts, correct?
13
A.
Yes.
14
Q.
On the right, is that peer-to-peer?
15
stands for?
16
A.
Yes.
17
Q.
So basically Zelle or Venmo or something like that where
18
people are sending money to each other?
19
A.
Yes.
20
Q.
There's this $13,000 other category in the middle.
21
you weren't out there investigating a lot of this, but did you
22
receive any information as part of the investigation as to
23
where that money went, who that money went to, other than being
24
able to say it was like an ATM withdrawal?
25
Okay.
Document 98 Filed 11/18/22
Palmer - Cross
With regard to the $13,000 cash and other
Any Zelle or other P2P transactions would not be to that.
Could have been case, but they would not have been an
Okay.
So, basically, on the far left, that is clear those
MR. FELTON:
Is that what P2P
Objection to form, your Honor.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
I know
Case 1:21-cr-00746-MKV
xMAS1ILO1
1
MR. BRILL:
Document 98 Filed 11/18/22
Palmer - Cross
Page 27 of 203
541
I'll rephrase it.
2
Q.
3
determine who withdrew the money?
4
A.
5
showed the amounts coming out.
6
Q.
7
or who had access to the account, right?
8
A.
Specifically with the ATM withdrawals, were you able to
I had the information on the bank statements, which only
Okay.
And presumably the person in control of the account
I wouldn't be able to say.
9
THE COURT:
Hold on.
10
MR. BRILL:
Yes.
11
THE COURT:
You need to rephrase.
12
MR. BRILL:
Okay.
Is that a question?
13
Q.
The information that you were provided simply shows that
14
there were ATM transactions, correct?
15
A.
Correct.
16
Q.
And was there any information provided to you that would
17
allow you to draw a conclusion about where the money went after
18
the ATM withdrawals?
19
A.
20
provided to me.
21
Q.
Okay.
22
A.
I would note that there were also cash deposits in two
23
other accounts.
24
Q.
25
withdrawals from all of these accounts and add them up and
No additional information outside the bank statements was
All right.
Did the -- did you take all of the cash
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
xMAS1ILO1
Document 98 Filed 11/18/22
Palmer - Cross
Page 28 of 203
1
compare them to the cash deposits?
2
A.
3
in the exhibits, there is at least one note of net cash
4
withdrawals, and it's a summary chart, so overall I looked at
5
the total cash in, cash out.
6
Q.
542
There were -- I couldn't recall exactly which account, but
Okay.
7
Was that 709?
MR. BRILL:
Would you put up 709 briefly?
8
Q.
This may or may not be the one, but you can let me know.
9
Was that the one you're talking about?
10
A.
Yes.
11
So there on the left in the yellow pie piece, you can
12
see the net cash used, net cash out was about $59,000 so that
13
would take into account all the cash out and all the cash in of
14
the bank statements I reviewed.
15
Q.
16
bubble, that indicates just the percentage in the pie chart,
17
right?
18
A.
Correct.
19
Q.
The 51,000 net is when you take all the cash out and all
20
the cash in, there's -- is it 59,000 that you determined had
21
been taken out and not put back in?
22
A.
23
million dollars of money that had come into the account and
24
where it went.
25
expended and not brought back into another account.
Okay.
So just to be clear, the six percent in the net cash
Correct.
So this, the whole pie chart is a little over a
So this shows about $59,000 of cash was
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
xMAS1ILO1
Okay.
Document 98 Filed 11/18/22
Palmer - Cross
Page 29 of 203
543
1
Q.
2
any way to tell whether the actual cash that was taken out of
3
the ATMs was the same cash as put back into the ATMs?
4
A.
5
which dollar was deposited.
6
MR. BRILL:
7
up 703, Ms. Loftus.
8
Q.
9
in this account specifically, in 703, which is, for the record,
10
M2 Gold Jet -- would that indicate there had been cash
11
withdrawals and cash deposits in this account?
12
A.
Yes.
13
Q.
Okay.
14
deposits, correct?
15
A.
Correct.
16
Q.
Okay.
17
Twinway Air Charter, you have a $15,000 cash withdrawal.
18
that indicate that there was no cash deposits in this account
19
at all because it doesn't say net?
20
A.
21
transactions that I'm showing on the summary here.
22
Q.
23
back and look through all the, you know, bank statements again,
24
if you had not put the word "net" in would that indicate
25
generally that there would not have been a corresponding
No.
And given, you know, cash being fungible, is there
There's no way to tell which dollar was taken out and
Okay.
And just quickly, if we could put
Similarly, when it says net cash withdrawal, that would be
And the 8,000 was the amount not made up for by the
Can we put up Exhibit 704?
I don't recall the specifics.
Okay.
Here, with regard to
Would
These are the material
Just based upon your practice, without having to go
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
xMAS1ILO1
Document 98 Filed 11/18/22
Palmer - Cross
1
deposit or deposits compared to withdrawals?
2
A.
Page 30 of 203
544
Correct.
3
MR. BRILL:
Okay.
And then if we could take a look at
4
705, please.
5
Q.
6
named individual.
7
A.
Yes.
8
Q.
Named individual, the way you've written this without a
9
pleural, you know, it's not individuals, would that indicate
10
there's only one person or it's just the term that you used?
11
A.
It is to one person.
12
Q.
And who would that person be?
13
A.
I don't recall the last name.
14
Q.
Okay.
15
transfer out?
16
A.
I don't recall if it was a transfer or check.
17
Q.
Okay.
18
to controlled account and cash withdrawals, what you have here
19
is two categories, right?
20
A.
Yes.
21
Q.
You have the transfers to controlled account, meaning one
22
of the -- you said you did the review of 22 accounts in total,
23
right?
Here, with regard to BRS Consulting, you have 100,000 to
Right?
Do you recall?
And this was a transfer out, like an electronic
And then with regard to the $22,000 in transferred
24
MR. FELTON:
Objection, Your Honor.
25
THE COURT:
Sustained.
Just ask the question,
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
xMAS1ILO1
Document 98 Filed 11/18/22
Palmer - Cross
1
Mr. Brill.
2
Q.
3
analysis?
4
A.
I believe there were 23.
5
Q.
Twenty-three.
Page 31 of 203
545
You did -- did you review 22 accounts as part of this
6
Fine.
I wrote it down wrong.
And as part of that analysis, you determined that in
7
regard to this $22,000, there were transfers out of the BRS
8
Consulting into one or more of the other of the 23 accounts; is
9
that accurate?
10
A.
Yes.
11
Q.
Okay.
12
A.
Yes.
13
Q.
And, again, without having to go back and look at the
14
accounts, would it be based upon your practice, you used the
15
word net, that there would simply be no withdrawals and no
16
charges into this account?
17
A.
Yes.
18
Q.
Okay.
19
was there any way to determine who was responsible for the
20
transfers to the controlled accounts in this -- and the others
21
that we looked at?
22
A.
23
only people who have access to the account could make
24
electronic transfers out of the account.
25
Q.
And there were also cash withdrawals here, right?
Based upon the information that you were provided,
Not specifically, but I would say in general bank practice
Okay.
And based upon your review of the information you
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
xMAS1ILO1
Document 98 Filed 11/18/22
Palmer - Cross
Page 32 of 203
546
1
were provided, were you given information to indicate -- well,
2
two different things.
3
account?
4
A.
5
examples the signature pages yesterday.
6
Q.
One, how many people have access to each
Did you get that information?
I did have the bank account opening documents.
Okay.
7
We saw
So, for example --
MR. BRILL:
Just so we're clear, can we just put up
8
Exhibit 113.
9
Q.
10
about the account opening documents?
11
A.
Yes.
12
Q.
Okay.
13
correct?
14
A.
Yes.
15
Q.
Mula Apps Corp, right?
16
A.
Yes.
17
Q.
And the person alleged to have opened this account was
18
someone named Jonathan Herttua or Herttua, right?
19
A.
Yes.
20
Q.
And would it be fair to say for the 23 accounts which you
21
reviewed, you reviewed a similar document for all of them or
22
most of them?
23
A.
24
the specific bank opening documents.
25
statements I reviewed, there would also have been the name of a
Is this what you were referring to when you just talked
And so this would be for one that you reviewed,
I couldn't say how many -- how many accounts I looked at,
On all the bank
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
xMAS1ILO1
Document 98 Filed 11/18/22
Palmer - Cross
Page 33 of 203
547
1
user on the top of the bank statement.
2
Q.
3
accounting and auditing, is there a way to determine from bank
4
statements the authorized -- all of the authorized users on an
5
account?
Okay.
And based upon your background with forensic
6
MR. FELTON:
Objection.
7
THE COURT:
What's the objection?
8
MR. FELTON:
Beyond the scope.
9
THE COURT:
Overruled.
10
THE WITNESS:
No.
The bank statements do not always
11
list all authorized users.
12
Q.
13
signature card had accompanied the information for each account
14
opening -- withdrawn.
Okay.
Would the -- if something like this business
That didn't make sense.
15
If the business signature card like this had
16
accompanied the documentation you received for each account,
17
would that be able to -- would that allow you to draw the
18
conclusion about who had control of the account?
19
MR. FELTON:
Objection, calls for speculation.
20
THE COURT:
No.
21
She can say whether it would or it
wouldn't.
22
Can you ask the question again, please?
23
MR. BRILL:
Sure, if I can remember it.
24
THE COURT:
Do you want it read back?
25
MR. BRILL:
No, I can do it.
Thank you, your Honor.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
xMAS1ILO1
Document 98 Filed 11/18/22
Palmer - Cross
Page 34 of 203
548
1
Q.
If the business signature card like this was included with
2
each account that you reviewed, would that have indicated to
3
you who had control over the account?
4
A.
5
included all authorized users on all accounts for each account.
6
Q.
7
other documents separate from the business signature card that
8
might also indicate who had access to the account if there are
9
other people?
10
A.
11
documents.
12
signature card is something that could do that.
13
tell you which documents every bank uses that -- had statements
14
been reviewed.
15
Q.
16
fair to say that banks would require some sort of document from
17
an authorized user before that person would be able to access
18
an account?
19
A.
20
What they would require from a user I couldn't say.
21
Q.
Yes.
I think the business signature card would have
Based upon your training and experience, were there any
There could have been a number of account opening
Different banks might do it differently.
I couldn't
But based upon your training and experience, would it be
A bank would have a list of names of who was authorized.
Okay.
I don't have anything further.
22
THE COURT:
23
Redirect.
24
MR. FELTON:
25
So a
Thank you.
Thank you.
Yes, your Honor.
DIRECT EXAMINATION
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MASRILO3
Document 98 Filed 11/18/22
PALMER - REDIRECT
Page 35 of 203
1
BY MR. FELTON:
2
Q.
Good afternoon.
3
A.
Good afternoon.
4
Q.
Ms. Palmer, who asked you to prepare the summary charts?
5
A.
The prosecution team.
6
Q.
Who provided you the materials that you reviewed?
7
A.
The prosecution steam.
8
Q.
Did you review any materials other than what the
9
prosecution team provided you?
10
A.
No.
11
Q.
Did you review anything else on this case other than the
12
financial statements provided to you?
13
A.
No.
14
Q.
Were you asked to do anything else on this case?
15
A.
No.
16
MR. FELTON:
No further questions, Your Honor.
17
THE COURT:
Thank you.
18
Mr. Brill.
19
MR. BRILL:
Nothing else, your Honor.
20
THE COURT:
All right.
21
Thank you.
Ms. Palmer, you are excused.
Thank you for coming in.
22
(Witness excused)
23
THE COURT:
And the government's next witness?
24
MR. FELTON:
Your Honor, the government calls Robert
25
Bateman.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
549
Case 1:21-cr-00746-MKV
MASRILO3
1
THE COURT:
Document 98 Filed 11/18/22
BATEMAN - DIRECT
All right.
Page 36 of 203
550
Good afternoon, Mr. Bateman.
2
If you would come up here and stand here at the witness stand.
3
Once you're situated, my courtroom deputy will administer the
4
oath.
5
6
Yes.
Step up and stand, please.
ROBERT BATEMAN,
7
called as a witness by the government,
8
having been duly sworn, testified as follows:
9
DIRECT EXAMINATION
10
THE COURT:
All right.
Thank you, sir.
I'm going to
11
ask you to please pull the microphone a little bit forward, and
12
speak into it when you answer the questions put to you.
13
you very much.
14
Mr. Felton.
15
MR. FELTON:
Thank you very much, your Honor.
16
BY MR. FELTON:
17
Q.
Good afternoon, Mr. Bateman.
18
A.
Hi.
19
Q.
In what area do you live?
20
A.
I'm in Chelsea.
21
Q.
What do you do for a living?
22
A.
I'm in real estate.
23
Q.
What do you do in the real estate field?
24
A.
Right now I'm an agent and team leader for Highline
25
Residential.
How are you?
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Thank
Case 1:21-cr-00746-MKV
MASRILO3
Document 98 Filed 11/18/22
BATEMAN - DIRECT
Page 37 of 203
551
1
Q.
What is that?
2
A.
It's a residential real estate firm based all throughout
3
New York City.
4
Q.
How long have you been in that position?
5
A.
With this company, I joined earlier this year, May.
6
Q.
What did you do before that?
7
A.
I was working in real estate in Brooklyn MySpace NYC.
8
Q.
What is MySpace NYC?
9
A.
It's a residential real estate firm based in Brooklyn.
10
Q.
What type of real estate?
11
A.
Predominantly residential rentals.
12
Q.
Turning your attention to 2021, were you involved in
13
leasing apartments in the building located at 123 Melrose
14
Street in Bushwick?
15
A.
Yes.
16
Q.
What is that building?
17
A.
It's a high-end luxury building in Bushwick, as you said.
18
Q.
Mr. Bateman, I'm showing you Government Exhibit 503, which
19
is in evidence.
20
THE COURT:
It will appear on your screen, sir.
21
Do you have it?
22
MR. FELTON:
Ms. Loftus, is that published for the
23
jury?
24
Q.
Mr. Bateman, do you see the document?
25
A.
Yes.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MASRILO3
Document 98 Filed 11/18/22
BATEMAN - DIRECT
Page 38 of 203
552
1
Q.
Do you recognize the photograph?
2
A.
Yes.
3
Q.
What is that?
4
A.
That's the front of 123 Melrose.
5
Q.
What was your role with this building?
6
A.
So I was an agent.
7
lease out the vacant units at this property.
8
Q.
Approximately how many units are there in this property?
9
A.
So the Denizen's two buildings.
10
Noel.
11
900 something units, just over half at Melrose, so 500ish, give
12
or take, on the Melrose half.
13
Q.
You mentioned amenities.
14
A.
There's a massive gym, swimming pool, bowling alley, golf
15
simulator, arcade, game rooms, work space, movie rooms, two
16
roof decks, four courtyards.
17
Q.
18
apartments, if any, were you working to lease at one time?
19
A.
I'd do like five or ten to 20 in any given month.
20
Q.
What was the turn around from when a perspective tenant
21
reached out to you until an apartment was leased?
22
A.
23
average.
24
Q.
Longer than a few weeks would be unusual?
25
A.
Correct.
So our firm, MySpace, was contracted to
There's 122 Melrose and 54
They share a number of units between the two.
There's
What amenities are there?
You name it.
In the spring and summer of 2021, approximately how many
Could be anywhere from a few days to a couple weeks on
Yeah.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MASRILO3
Document 98 Filed 11/18/22
BATEMAN - DIRECT
Page 39 of 203
553
1
Q.
Did there come a time when you met a person who identified
2
himself as William Jamieson?
3
A.
Yes.
4
Q.
How did you first encounter this individual?
5
A.
So typically leads reach out to us through our online
6
advertising, so they would have reached out through one of
7
those platforms and then we, you know, usually make an
8
introduction via phone call or email.
9
Q.
Approximately when did you first interact with this person?
10
A.
I believe around January 2021.
11
Q.
What happened next?
12
A.
So I had a preliminary back and forth with him, and then
13
met him in the building to tour him through the amenities and
14
then available units.
15
Q.
So you met this person in person?
16
A.
Correct.
17
Q.
What were the discussions, if any?
18
A.
Well, typically when somebody comes in, you take them
19
through the amenities, then apartments that fit their range or
20
fit their price and points.
21
Q.
22
you have with this individual?
23
A.
24
for that building.
25
4,000 to 5,000 range from what I remember, at the gross rent.
A few times, yeah.
What sorts of discussions about potential apartments did
Well, he wanted apartments, up, you know, fairly high end
So, you know, two bedroom, two baths in the
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MASRILO3
Document 98 Filed 11/18/22
BATEMAN - DIRECT
Page 40 of 203
554
1
Q.
2
individual in person?
3
A.
I believe three or four.
4
Q.
How would you describe the individual?
5
A.
African American, fairly tall, 6' 3", 6' 4", give or take.
6
Fairly sizable.
7
Q.
8
about himself?
9
A.
10
gotten out of a divorce, and did some sort of like chauffeuring
11
luxury -- or, you know, escort business for, you know, wealthy
12
people and/or celebrities, that type of stuff.
13
Q.
14
financially eligible to rent an apartment in the building?
15
A.
16
the gross rent with 680 credit or better.
17
that, that's simple.
18
Approximately how many times, when you say you met this
What, if anything, do you recall this individual saying
I do remember he was staying with his brother.
He had just
What's your process for determining if a client is
Yes.
So, typically, New York clients have to make 40 times
So if they clear
There's other ways to get approved, but that's the
19
standard.
And I remember what he told me, he met those
20
qualifications.
21
Q.
What did he tell you?
22
A.
I want to say 250,000 income, give or take.
23
Q.
How would you describe the conversations you had with the
24
person described as Mr. Jamieson wanting to rent an apartment?
25
A.
Well, the entire time I was doing that building for four
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MASRILO3
Document 98 Filed 11/18/22
BATEMAN - DIRECT
Page 41 of 203
555
1
years, that was the longest cycle I had from meeting a client
2
to closing.
3
extended concessions due to the COVID lockdowns, and then we
4
cut our concessions back at the end of January and for months
5
he kept negotiating trying to get the previous concessions.
6
And it wasn't until the summer we eventually came to an
7
agreement and did a deal.
8
Q.
What do you mean by concessions?
9
A.
Typically -- often in New York you get concessions, have
10
free months, especially luxury.
11
free, two months free.
12
so we were doing four months free when he first came in.
13
Q.
14
information provided by the individual identified as
15
Mr. Jamieson?
16
A.
17
and they want to apply, they have to submit financial
18
information before getting approved and signing a lease.
19
would submit the financial information.
20
financial person who processes that file, and once it checks
21
out, once the owner approves it, we go to lease signing.
22
Q.
23
did you communicate with the individual representing themselves
24
as Mr. Jamieson?
25
A.
Part of it was he came in January 2021 when we had
So you might have a month
At this time, it was the end of COVID,
Did you take any steps to identify the financial
So once somebody tours the building and finds an apartment
So he
We have a back office
Other than your personal interactions with this individual,
Uh-huh.
Yeah.
So emails, phone calls, texting, all of the
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MASRILO3
Document 98 Filed 11/18/22
BATEMAN - DIRECT
Page 42 of 203
1
above.
2
Q.
3
communicate with the individual identifying themself as
4
Mr. Jamieson?
5
A.
6
information, her name is Sabrina, so she would have
7
communicated as well.
8
Q.
9
Mr. Jamieson actually rented an apartment at the building?
10
A.
556
To your knowledge, did anyone else you work with
So I had our closing manager, who processes the financial
Did there come a time when the person you knew as
Yes.
11
MR. FELTON:
Ms. Loftus, could you please publish
12
Government Exhibit 341, which is in evidence.
13
Q.
Mr. Bateman, do you recognize this document?
14
A.
Uh-huh.
15
MR. FELTON:
Ms. Loftus, could you --
16
THE COURT:
Sir, hold on.
17
THE WITNESS:
18
THE COURT:
You need to say yes or no.
Oh, yes.
Because when you say uh-huh, it's the same
19
as huh-uh when it's transcribed.
20
THE WITNESS:
21
THE COURT:
Oh, yes.
Thank you.
22
Q.
Mr. Bateman, do you see a logo in the top left portion of
23
the document?
24
A.
Yes.
25
Q.
And what does it say at the top of the document?
That's MySpace NYC, the firm I work for.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MASRILO3
Document 98 Filed 11/18/22
BATEMAN - DIRECT
Page 43 of 203
1
A.
It's a rental application form.
2
Q.
Do you see the name of the applicant?
3
A.
Yes.
4
Q.
The person we've been discussing?
5
A.
Correct.
6
Q.
What does this person provide as their current address?
7
A.
74 East Seventh in Brooklyn.
8
Q.
Where does the applicant say that they work?
9
A.
It looks like Amana Air Charters.
10
Q.
And what does it say they do for a living?
11
A.
Air charter broker.
12
Q.
What about their annual income?
13
A.
250,000.
14
Q.
Is that information consistent with your recollection of
15
your discussions with the individual?
16
A.
Yes.
17
Q.
Turning to the next page --
18
557
William Jamieson.
MR. FELTON:
Page two, Ms. Loftus.
Ms. Loftus, could
19
you just zoom in on the account holder information?
20
Q.
Mr. Bateman, you see the account holder information?
21
A.
Yes.
22
Q.
What does it say?
23
A.
It's William Jamieson.
24
Q.
What is the role, if any, of bank statements with a rental
25
application in your field?
It's a bank statement.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MASRILO3
Document 98 Filed 11/18/22
BATEMAN - DIRECT
1
A.
2
an apartment.
3
sometimes investments.
Page 44 of 203
558
We need to know if they're financially qualified to lease
4
So you check income, you check credit, savings,
MR. FELTON:
Yeah.
Ms. Loftus, could you please zoom out.
5
And I ask that you zoom in to the checking summary portion of
6
the document.
7
Q.
8
additions?
9
A.
Mr. Bateman, do you see where it says deposits and
Uh-huh.
10
THE COURT:
11
THE WITNESS:
12
THE COURT:
Sir.
Sorry.
Yes.
Thank you.
13
Q.
Do you see the amount in the right side of the page?
14
A.
Yes.
15
Q.
Can you read that for the jury, please?
16
A.
$1,049,210.52.
17
MR. FELTON:
And, Ms. Loftus, could you please zoom
18
out?
19
Q.
20
document there's a date range?
21
A.
Yes.
22
Q.
What is the date range?
23
A.
May 1st, 2021, to May 30th, 2021.
24
Q.
Do you understand this document to be saying that in a
25
single month this account received over a million dollars in
And, Mr. Bateman, do you see the top right portion of the
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MASRILO3
Document 98 Filed 11/18/22
BATEMAN - DIRECT
Page 45 of 203
1
deposits, in additions?
2
A.
Yes.
3
Q.
Who, if anyone, would provide this document as part of a
4
rental application?
5
A.
Typically the applicant.
6
Q.
And who was the applicant in this case?
7
A.
William Jamieson.
8
9
10
MR. FELTON:
5.
559
Ms. Loftus, could you please turn to page
Can you please zoom in on this document.
(Continued on next page)
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO3
Document 98 Filed 11/18/22
Bateman - Direct
Page 46 of 203
1
BY MR. FELTON:
2
Q.
Mr. Bateman, who is the name on this ID?
3
A.
William Jamieson.
4
Q.
What is the height listed?
5
A.
6,2.
6
Q.
Is this consistent with the individual you met as part of
7
that apartment rental process?
8
A.
Yes.
9
MR. FELTON:
Ms. Loftus, could you please publish
10
Government Exhibit 343, which is in evidence.
11
Q.
Mr. Bateman, do you recognize this document?
12
A.
Yes.
13
Q.
What does it say for monthly rent?
14
A.
The gross is 4850.
15
Q.
And is the name of a tenant listed anywhere on this
16
document?
17
A.
Yes.
18
Q.
And for what building is this document?
19
A.
123 Melrose.
20
Q.
Is that the building, the luxury building we've been
21
discussing?
22
A.
Correct, yes.
23
Q.
Does this document reflect that the person identifying as
24
William Jamieson ultimately rented that apartment?
25
A.
William Jamieson.
Yes.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
560
Case 1:21-cr-00746-MKV
MAS1ILO3
Document 98 Filed 11/18/22
Bateman - Direct
Page 47 of 203
1
Q.
2
appears to have signed the document under the tenant portion?
3
A.
William Jamieson.
4
Q.
On what date?
5
A.
August 30, 2021.
Directing your attention to the bottom of the page, who
6
7
561
MR. FELTON:
Ms. Loftus, could you please turn to
page 2.
8
And just zoom in a little bit higher, the title of
9
this document.
Thank you.
10
Q.
Mr. Bateman, what is this document?
11
A.
Looks like a parking rider to lease a parking space.
12
Q.
Do you understand this to be the tenant paying an extra fee
13
to rent a parking space in addition to the apartment?
14
A.
Yes.
15
MR. FELTON:
Ms. Loftus, can you please turn to
16
page 4.
17
Q.
18
be Mr. Jamieson signing for that parking spot?
19
A.
Yes.
20
Q.
On what date?
21
A.
August 30, 2021.
Mr. Bateman, is the signature on the bottom purporting to
22
MR. FELTON:
And Ms. Loftus, could you please turn to
23
page 5.
24
Q.
What is this document?
25
A.
That's the washer-dryer rider.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO3
Document 98 Filed 11/18/22
Bateman - Redirect
Page 48 of 203
1
Q.
2
fee to have a washer-dryer in the apartment as well?
3
A.
Yes.
4
Q.
Who appears to have signed that document?
5
A.
William Jamieson.
6
Q.
On what date?
7
A.
August 30, 2021.
8
Q.
With respect to your interactions with Mr. Jamieson, was
9
that person a middle-aged white guy?
10
A.
Does this document purport to be the tenant paying an extra
No.
11
MR. FELTON:
No further questions.
12
THE COURT:
Mr. Brill?
13
MR. BRILL:
Just one question.
14
THE COURT:
Sure.
Cross-examination?
15
CROSS EXAMINATION
16
BY MR. BRILL:
17
Q.
18
that you're aware of?
19
A.
I believe so.
20
Q.
Did you have a chance to review that?
21
A.
Closing manager Sabrina would before getting a file
22
approved.
23
Q.
Okay.
24
A.
No.
25
562
As part of this application, sir, was a credit report run,
But you didn't see it.
MR. BRILL:
I have nothing further.
Thank you.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO3
Document 98 Filed 11/18/22
Bateman - Redirect
Page 49 of 203
1
THE COURT:
2
Redirect?
3
MR. FELTON:
Briefly, your Honor.
4
THE COURT:
Keep in mind this is redirect.
5
REDIRECT EXAMINATION
6
BY MR. FELTON:
7
Q.
8
Mr. Jamieson was wearing a mask?
9
A.
10
can't remember a hundred percent certainty.
11
Q.
12
this courtroom?
13
A.
I believe I do, yes.
14
Q.
Could you identify that individual.
15
A.
Sitting over there.
16
Q.
Where?
17
18
Thank you.
Go ahead.
Mr. Bateman, when you met Mr. Jamieson, do you recall if
I believe he was.
It's been a while, though.
I'm -- I
Do you recognize the individual you knew as Mr. Jamieson in
THE COURT:
Can you tell us what table you're
referencing, sir.
19
THE WITNESS:
20
THE COURT:
21
563
To your left, two seats down.
Next to the gentleman who just finished
questioning you on cross?
22
THE WITNESS:
Yes.
23
THE COURT:
All right.
24
MR. BRILL:
Yes, your Honor.
25
MR. FELTON:
Your Honor, let the record reflect that
Indicating next to Mr. Brill?
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO3
1
Document 98 Filed 11/18/22
Hezir - Direct
Page 50 of 203
the witness has identified the defendant.
2
THE COURT:
It shall reflect.
3
MR. FELTON:
No further questions, your Honor.
4
THE COURT:
Mr. Brill?
5
MR. BRILL:
Nothing else.
6
THE COURT:
All right.
7
Mr. Bateman.
Thank you.
Thank you.
Thank you very much,
I appreciate your coming in.
8
(Witness excused)
9
THE COURT:
Ms. Murray.
10
MS. MURRAY:
Thank you, your Honor.
11
12
564
The government
calls Special Agent Damjan Hezir.
THE COURT:
Good afternoon, sir.
If you'd please
13
stand here in the witness box, my courtroom deputy Ms. Dempsey
14
will administer the oath whenever you are comfortable.
15
THE WITNESS:
16
THE DEPUTY CLERK:
17
(Witness sworn)
18
THE DEPUTY CLERK:
19
your name for the record.
20
21
THE WITNESS:
Yes, ma'am.
Thank you.
Sure.
Please say and spell
Daman Hezir.
D-A-M-J-A-N, last
name H-E-Z-I-R.
22
THE DEPUTY CLERK:
23
THE WITNESS:
24
THE COURT:
25
Please raise your right hand.
Thank you.
Please be seated.
Thank you.
All right.
Sir, and when you're answering
the questions, can you direct that microphone towards your
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO3
Document 98 Filed 11/18/22
Hezir - Direct
1
mouth and speak clearly into the microphone.
2
much.
3
THE WITNESS:
4
THE COURT:
5
Page 51 of 203
565
Thank you very
Yes, ma'am.
Ms. Murray.
DAMJAN HEZIR,
6
called as a witness by the Government,
7
having been duly sworn, testified as follows:
8
DIRECT EXAMINATION
9
BY MS. MURRAY:
10
Q.
Good afternoon, Special Agent Hezir.
11
A.
Good afternoon.
12
Office of the Inspector General.
13
Q.
Is that also referred to as DOJ-OIG?
14
A.
Yes, it is.
15
Q.
What is DOJ-OIG?
16
A.
The DOJ-OIG is in charge of detecting, deterring and
17
preventing fraud, waste, and abuse within the Department of
18
Justice.
19
Q.
How long have you been employed at DOJ-OIG?
20
A.
I've been employed since 2018.
21
Q.
Do you work in a particular division within DOJ-OIG?
22
A.
Yes, I do.
23
falls under the investigations division.
24
Q.
What is your title?
25
A.
I'm a special agent.
Where do you work?
I work at the U.S. Department of Justice
I work in the cyberinvestigations office, which
SOUTHERN DISTRICT REPORTERS, P.C.
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1
Q.
What are your duties and responsibilities as a special
2
agent?
3
A.
4
the department, as well as conduct digital forensics in support
5
of investigations.
6
Q.
7
forensics.
8
A.
9
sciences which deals with collecting and analyzing electronic
10
or digital data.
11
Q.
12
DOJ-OIG?
13
A.
Yes, I did.
14
Q.
And where did you work prior to DOJ-OIG in law enforcement?
15
A.
I was an auxiliary police officer with Fairfax County;
16
that's in Virginia.
17
Q.
For how long did you work in that role?
18
A.
Approximately six years.
19
Q.
Special Agent Hezir, did there come a time when you became
20
involved in an investigation into COVID loan fraud?
21
A.
Yes.
22
Q.
What was the nature of your involvement in that
23
investigation?
24
A.
25
as well as performing digital forensics and record review.
I investigate allegations of fraud, waste, and abuse within
At a high level, can you describe what you mean by digital
Yes.
Digital forensics is a branch of the forensic
Did you have any prior law enforcement experience before
I played a supporting role.
I assisted with surveillance
SOUTHERN DISTRICT REPORTERS, P.C.
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Q.
2
participate in any search warrants?
3
A.
Yes, I did.
4
Q.
And you mentioned you assisted in surveillance.
5
include physical surveillance?
6
A.
Yes, it did.
7
Q.
Did that also include electronic surveillance?
8
A.
Yes, it did.
9
Q.
Can you describe what physical surveillance is.
10
A.
Sure.
11
like.
12
it's sitting and observing an individual or a target or -- of
13
the investigation.
14
Q.
And what is electronic surveillance?
15
A.
Electronic surveillance would be, as an example, perhaps,
16
having what we call a pinger, which is basically a GPS
17
surveillance of a target phone device.
18
Q.
19
20
567
In your assisting role in that investigation did you also
Did that
Physical surveillance is pretty much what it sounds
It's usually static in nature.
It can be static, where
Did you conduct any physical -THE COURT:
Excuse me.
Special Agent, there's a
bottle of water there if you need it, all right?
21
THE WITNESS:
Thank you.
I appreciate it.
22
MS. MURRAY:
Thank you, your Honor.
23
Q.
Did you conduct any physical surveillance on the afternoon
24
of September 22, 2021, in your role in assisting with this
25
investigation?
SOUTHERN DISTRICT REPORTERS, P.C.
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1
A.
Yes, I did.
2
Q.
Where were you conducting surveillance that afternoon?
3
A.
That afternoon I was conducting surveillance off Jackson
4
Avenue in Long Island City.
5
Q.
6
surveillance on that day?
7
A.
8
mentioned earlier.
9
number, and we knew the general vicinity of that target phone.
10
Q.
11
you mean.
12
A.
13
ended in 0642.
14
Q.
15
DOJ-OIG obtained a warrant to electronically surveil the
16
location of that 0642 phone?
17
A.
18
Why, if at all, were you at that location to conduct
We were there based on a GPS surveillance, a pinger, that I
We had a pinger for the target phone
Now when you say target phone number, can you explain what
Yes.
That target phone number in this particular case, it
That's what we identified as the target phone.
And just to be clear about the electronic surveillance, had
Yes.
MS. MURRAY:
Your Honor, at this time I'd like to hand
19
Special Agent Hezir a witness binder.
20
Court and the defense as well.
21
THE COURT:
Sure.
We have copies for the
Thank you.
22
Q.
Special Agent Hezir, in the binder in front of you are
23
documents that have been marked for identification as
24
Government Exhibits 540 through 547.
25
those documents and then look up at me when you've completed
Can you please look at
SOUTHERN DISTRICT REPORTERS, P.C.
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your review.
2
What are Government Exhibits 540 through 547?
3
A.
These are photographs.
4
Q.
Do you recognize those photographs?
5
A.
Yes, I do.
6
Q.
Are those photographs fair and accurate depictions of what
7
you observed during your surveillance on September 22, 2021?
8
A.
9
10
Yes, they are.
MS. MURRAY:
Your Honor, the government offers
Government Exhibits 540 through 547 into evidence.
11
MR. BRILL:
No objection.
12
THE COURT:
They are received into evidence.
13
(Government's Exhibits 540 through 547 received in
14
evidence)
15
MS. MURRAY:
16
Ms. Loftus, can you please publish Government
17
Thank you.
Exhibit 540.
18
Is the jury able to see that?
19
THE JURORS:
Yes.
20
BY MS. MURRAY:
21
Q.
22
this photograph.
23
A.
In this photograph, we see a gentleman near a black car.
24
Q.
What type of car is that individual standing near?
25
A.
This particular car was a black Mitsubishi Outlander.
Special Agent Hezir, can you describe what is depicted in
SOUTHERN DISTRICT REPORTERS, P.C.
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1
Q.
2
individual in this photograph?
3
A.
Yes.
4
Q.
When was that that you learned this individual's identity?
5
A.
We learned the individual's identity after the execution of
6
a search warrant later in the investigation.
7
Q.
And what is his identity?
8
A.
This individual is Chris Recamier.
9
Did there come a time when you learned the identity of the
MS. MURRAY:
Ms. Loftus, can you please publish
10
Government Exhibit 541.
11
Q.
What is depicted in this photograph?
12
A.
In this photograph, we see the same individual.
13
standing behind the black Mitsubishi Outlander.
14
Q.
15
surveillance photo; is that correct?
16
A.
That's correct.
17
Q.
Did you continue your surveillance after the point when
18
this particular photo was taken?
19
A.
I did, yes.
20
Q.
Where, if anywhere, did you observe this individual, Chris
21
Recamier, go after walking away from this car?
22
A.
23
make a left onto Purves Street.
24
Q.
25
did you see this individual do?
He's
And that's the same car that we saw depicted in the prior
I observed this individual travel down Jackson Avenue and
And as you continued your surveillance, what, if anything,
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A.
2
apartment building there off Purves.
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I saw this individual walk down Purves Street and enter the
3
MS. MURRAY:
Ms. Loftus, can you please publish
4
Government Exhibit 502, which is in evidence.
5
Q.
Special Agent Hezir, do you recognize this building?
6
A.
Yes, I do.
7
Q.
What is it?
8
A.
This is the apartment building that the individual entered.
9
Q.
And to be clear, is this the building that the person you
10
came to learn was Chris Recamier entered when you were
11
conducting surveillance on September 22, 2021?
12
A.
Yes, that's correct.
13
Q.
Did you continue your surveillance after Mr. Recamier
14
entered the building?
15
A.
Yes, I did.
16
Q.
And in that continued surveillance, what, if anything, did
17
you observe?
18
A.
19
exit Purves Street and make a left onto Jackson Avenue.
During that time, we observed a black Mitsubishi Outlander
20
MS. MURRAY:
Ms. Loftus, can you please now publish
21
Government Exhibit 545.
22
Q.
What's depicted in this photograph, Special Agent Hezir?
23
A.
In this photograph, we see a black Mitsubishi Outlander
24
exiting Purves Street and about to make a left onto Jackson
25
Avenue.
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Ms. Loftus, if you could please zoom in
2
on that car, that's the car that's driving through the lane.
3
Q.
4
Hezir?
5
A.
Yes.
6
Q.
When you were conducting surveillance that day, were you
7
able to determine whether anyone was in the front seat of that
8
car?
9
A.
Yes, I was.
10
Q.
Were you able to determine how many people were in the
11
front seat of that car?
12
A.
Yes.
13
Q.
And what, if anything, was your determination, based on
14
your observations during surveillance?
15
A.
16
front seats of the vehicle.
17
MS. MURRAY:
Is this the Mitsubishi you were referring to, Special Agent
Based on my observations, I observed two individuals in the
Thank you, Ms. Loftus.
You can take that
18
down.
19
Q.
20
participate in the execution of a search warrant on that day in
21
connection with your assistance in this investigation?
22
A.
Yes, I did.
23
Q.
And where, if anywhere, was the location of that search
24
warrant?
25
A.
Directing your attention now to October 7, 2021, did you
That search warrant was executed at 44-41 Purves Street in
SOUTHERN DISTRICT REPORTERS, P.C.
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1
Apartment No. 1805.
2
MS. MURRAY:
3
again Government Exhibit 502.
4
Q.
5
searched on that day?
6
A.
Yes, that's correct.
7
Q.
And this is the same building that you had previously
8
observed Chris Recamier walk into during your surveillance; is
9
that correct?
10
A.
And Ms. Loftus, can you please publish
Is this the building that housed the apartment that you
Yes, that's correct.
11
MS. MURRAY:
Thank you, Ms. Loftus.
You can take that
12
down.
13
Q.
14
on that day?
15
A.
The apartment number was 1805.
16
Q.
I'd like you to walk the jury through the process of
17
searching Apartment 1805, starting with when you first arrived
18
at the apartment.
19
anything, you saw when you entered that apartment.
20
A.
21
However, upon entering the apartment, just the general layout,
22
it was open; on the left-hand side as you walked in the door,
23
there was the kitchen area; straight ahead was the living room
24
area.
25
design, floor-to-ceiling windows.
Which apartment did you say that you assisted in searching
Sure.
If you could please tell us what, if
I arrived a little after the rest of my team did.
It was kind of very -- again, very open, very open
SOUTHERN DISTRICT REPORTERS, P.C.
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On the right-hand side off the living room was a
2
bedroom; before you got to the bedroom, also on the right-hand
3
side, was a restroom, or bathroom; and then on the right-hand
4
side before you reached the bathroom was a closet area, little
5
closet space.
6
Q.
7
can you describe the appearance of the living room, including
8
any furniture, any televisions, what it was set up as, what the
9
layout was.
10
A.
11
furniture or maybe like a traditional living room that you'd
12
think of.
13
windows being floor to ceiling.
14
Q.
15
do you recall about the appearance of that bedroom?
16
A.
17
a little stand; and the stand, that's where we located an iPad,
18
which was playing some kind of video.
19
closet off of the -- in that living room, a little closet area.
20
Q.
21
apartment 1805 on October 7, 2021, were there any occupants or
22
any occupant in that apartment at the time of the search?
23
A.
Yes, there was.
24
Q.
Who was that?
25
A.
We later identified him as Chris Recamier.
Focusing first on the living room space that you mentioned,
Yes.
Again, it was -- it was pretty open.
Again, very open.
I don't recall
And again, I do recall the -- the
And then the bedroom that you mentioned, what, if anything,
I recall there being an air mattress there in the bedroom,
And there was a little
When you assisted in executing the search warrant on
SOUTHERN DISTRICT REPORTERS, P.C.
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1
Q.
Now during that search of apartment 1805 did you recover
2
any evidence?
3
A.
Yes, I did.
4
Q.
Can you describe generally the categories of evidence that
5
you recovered from that apartment during that search.
6
A.
7
computers, there was an iMac, there were USB devices, as well
8
as mobile phones.
9
Q.
10
from apartment 1805, what, if anything, did you do with those
11
devices after you located them in the apartment?
12
A.
13
evidence.
14
Q.
Generally, in terms of the digital evidence, it was laptop
So focusing on the electronic devices that you recovered
We identified them, collected them, and entered them into
I'm going to return to those devices in a bit.
15
Special Agent Hezir, directing your attention to the
16
next day, October 8, 2021, did you assist in the execution of a
17
search warrant on that day in connection with this
18
investigation?
19
A.
Yes, I did.
20
Q.
And where was that search warrant executed?
21
A.
That search warrant was located off Hannibal Street in
22
Queens.
23
Q.
What, if anything, did you search on that day?
24
A.
On that day we searched the person of Mr. Ilori as well as
25
the vehicle that he was occupying.
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1
Q.
Mr. Ilori, do you know his full name?
2
A.
I believe it's Adedayo Ilori.
3
Q.
Do you see anybody you recognize as Adedayo Ilori in the
4
courtroom today?
5
A.
Yes, I do.
6
Q.
Can you please identify that person by the approximate
7
location of where they're located and an article of clothing
8
they're wearing.
9
A.
10
prosecution table, at defendant's table, and he is in a suit
11
with a tie with kind of a -- with dots, looks like, yellow with
12
big black dots.
13
Q.
14
Mr. Ilori is wearing glasses, he's seated behind the
I can't tell too well.
Thank you.
MS. MURRAY:
Let the record reflect that Special Agent
15
Hezir has identified the defendant Adedayo Ilori.
16
Q.
17
and this search warrant, can you please describe what, if
18
anything, you did on that day before you executed the warrant
19
that was relevant to your investigation.
20
A.
21
Hannibal Street; we were conducting surveillance on a white
22
Mercedes, the vehicle that was parked there on Hannibal Street.
23
Q.
24
documents that have been marked for identification as
25
Government Exhibits 572 through 575.
So turning again, Special Agent Hezir, to October 8, 2021,
Before executing the warrant, we were positioned on
Special Agent Hezir, in the binder in front of you are
Can you please look
SOUTHERN DISTRICT REPORTERS, P.C.
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1
through those and then look up when you've finished reviewing
2
them.
3
577
Do you recognize Government Exhibits 572 through 575?
4
A.
Yes, I do.
5
Q.
What are they?
6
A.
Photographs.
7
Q.
And just to be clear, when you say the vehicle there, what
8
vehicle are you referring to?
9
A.
10
Hannibal Street.
11
Q.
12
you observed on October 8, 2021?
13
A.
Excuse me.
The -- the white Mercedes that we located off
Are these photographs fair and accurate depictions of what
Yes.
14
15
These are photographs of the vehicle there.
MS. MURRAY:
Your Honor, the government offers
Government Exhibits 572 through 575.
16
MR. BRILL:
No objection.
17
THE COURT:
They are received into evidence.
18
(Government's Exhibits 572 through 575 received in
19
evidence)
20
MS. MURRAY:
Ms. Loftus, can you please publish
21
Government Exhibit 573.
22
BY MS. MURRAY:
23
Q.
24
remind us what the appearance and make and model of the car
25
was.
As we're pulling that up, Special Agent Hezir, can you just
SOUTHERN DISTRICT REPORTERS, P.C.
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1
A.
It was a white Mitsubishi -- excuse me.
White Mercedes.
2
Q.
And looking now at Government Exhibit 573, is that the car
3
you're referring to, the white Mercedes that you observed on
4
that day?
5
A.
Yes, that's correct.
6
Q.
Where, if anywhere, in relation to this car was the
7
defendant, Mr. Ilori, when you executed the search on his
8
person?
9
A.
10
approach the driver's side vehicle and enter the driver's side,
11
which is when we executed the search warrant.
12
Q.
13
Mr. Ilori was in the driver's side -- or entering the driver's
14
side of the vehicle, who else, if anyone, was in the car?
15
A.
No one else; no one else was in the vehicle.
16
Q.
Now on that day, in addition to searching Mr. Ilori's
17
person, what else, if anything, did you search?
18
A.
19
itself.
20
Q.
21
pursuant to that search?
22
A.
23
cards.
24
Q.
25
vehicle were those phones located?
As we were conducting surveillance, we saw Mr. Ilori
At the time that you executed the search warrant, when
Aside from Mr. Ilori's person, we searched the vehicle
And what, if anything, did you recover from the Mercedes
We recovered two mobile phones as well as some payment
Focusing on the mobile phones for a moment, where in the
SOUTHERN DISTRICT REPORTERS, P.C.
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1
A.
One mobile phone was located in between the driver and
2
passenger seats in the front of the vehicle and the other phone
3
was located in the trunk of the vehicle.
4
MS. MURRAY:
Ms. Loftus, can you please publish
5
Government Exhibit 575.
6
Q.
What's depicted in this photograph?
7
A.
In this photograph we see the interior of the white
8
Mercedes.
9
Q.
10
cellphone that you recovered from the passenger part of the
11
car, that cellphone, was located.
12
picture.
That should work.
13
A.
It was approximately in this area, again, between
14
the driver and passenger seats.
15
Q.
And was it inside the console, if you recall?
16
A.
I -- I don't recall exactly where.
17
area.
18
And can you please identify approximately where the
Okay.
MS. MURRAY:
And you can draw on the
It was in that general
Ms. Loftus, can you please take that
19
down—-and I'll erase this—-and publish side by side Government
20
Exhibits 572 and 574.
21
Q.
22
on the left, can you describe for us what we're looking at in
23
this photo.
24
A.
25
white Mercedes.
Special Agent Hezir, starting with 572, which is the photo
On the left, on 572, that's the inside of the trunk of the
SOUTHERN DISTRICT REPORTERS, P.C.
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1
Q.
And what items, if any, appear to be inside the trunk of
2
that white Mercedes?
3
A.
4
shopping bag, I think maybe Target.
5
Q.
Anything else in the trunk based on that photograph?
6
A.
Based on the photograph on the left, no.
7
tell, but we did locate other items inside that trunk.
8
Q.
9
reflect relative to the photograph on the left?
10
A.
11
located inside the -- if you look on the left, that -- the
12
white shopping bag that's located inside the red shopping bag.
In that white Mercedes, we see a -- it was like a red
It's hard to
Now looking at the photo on the right, what does that
The photo on the right shows a brown paper bag that was
13
MS. MURRAY:
Thank you, Ms. Loftus.
You can take that
14
down.
15
Q.
16
analysis of electronic evidence and forensic examinations?
17
A.
Yes, I have.
18
Q.
Did that training include the analysis of cellphones?
19
A.
Yes.
20
Q.
In general terms can you please describe some of that
21
training.
22
A.
23
Collar Crime Center as well as at the Federal Law Enforcement
24
Training Center in how to handle and analyze digital
25
evidence—-specifically mobile devices.
Special Agent Hezir, have you received training in the
Sure.
I have attended courses with the National White
SOUTHERN DISTRICT REPORTERS, P.C.
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1
Q.
2
training?
3
A.
4
devices, also most -- mostly mobile devices.
5
Q.
6
extractions?
7
A.
Yes, I have.
8
Q.
Approximately how many?
9
A.
Approximately 70.
10
Q.
Have you analyzed cellphone extractions performed by
11
others?
12
A.
Yes, I have.
13
Q.
Have you completed extractions of other electronic devices,
14
including computers?
15
A.
Yes, I have.
16
Q.
Have you analyzed computer extraction reports prepared by
17
others?
18
A.
Yes, I have.
19
Q.
Focusing for a moment on mobile devices, at a high level,
20
what are the basic steps to a mobile device examination?
21
A.
22
separate it from the wireless network.
23
only does it preserve the data that's on the mobile device but
24
prevents erasure.
25
What are some of the topics that are covered during that
Again, preserving, collecting, and also analyzing digital
During your time at DOJ-OIG have you completed cellphone
For a mobile device, it's -- the first step is usually to
That preserves -- not
Then it's typical to connect it to some kind of
SOUTHERN DISTRICT REPORTERS, P.C.
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extraction device.
2
of sorts.
3
phone and puts it into a forensic image.
4
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And by extraction, I kind of mean a backup
What it does is it takes the files that are on the
Once you have that forensic image, you can then take
5
that forensic image and open it up into a forensic software
6
tool.
7
The analyst will then use that software to go through the phone
8
and, in a forensically sound manner, to look through keywords
9
or artifacts of interest.
10
Q.
Cellebrite is a very common mobile device forensic tool.
I just want to break down a couple of things that you said.
11
First, can you explain what you mean by "forensic
12
image."
13
A.
14
we do not tamper or alter the data that's already on the phone.
15
And it also can ensure that no data was added or deleted or
16
modified in any way.
17
Q.
18
permit the examiner to review things including artifacts.
19
is an artifact?
20
A.
21
investigation.
22
logs, it could be a voicemail, basically anything on the phone
23
that's pertinent to the investigation.
24
Q.
25
know, piece of data that's on that forensic image of a phone?
Sure.
Forensic image allows us to review the data so that
And you said that the forensic image is used at times to
What
An artifact could be anything of interest in the
It could be a document, an image, a video, call
So at a high level, does artifact describe a certain, you
SOUTHERN DISTRICT REPORTERS, P.C.
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1
A.
Yes, that's fair to say.
2
Q.
Now in your training and experience are there occasions
3
where you're unable to conduct a forensic examination of a
4
device?
5
A.
Yes, that happens.
6
Q.
Why, if at all, would that happen?
7
A.
Forensic tools sometimes aren't up to date with the latest
8
security patches that come out for cellphones, or other
9
devices, for that matter, so at times we have to refer to -- or
10
we have to use a method we refer to as a manual review of the
11
device.
12
Q.
Can you describe what you mean by manual review.
13
A.
Sure.
14
actually use your, you know, a phone.
15
phone, again, try, if you could, if you're able to, separate
16
from the cell network, and then use it like a user would, you
17
know, scrolling through messages, for example, and capturing
18
that using a -- either a -- with a still camera or a video
19
camera.
20
Q.
21
that were recovered either from apartment 1805 on October 7,
22
2021, or on October 8, 2021, from Mr. Ilori's person or the
23
Mercedes?
24
A.
25
A manual review is similar to how a user would
You would open up the
Did you conduct any manual review of any of the devices
Yes, I did.
MS. MURRAY:
Your Honor, at this time the government
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offers a stipulation between the parties.
2
THE COURT:
All right.
3
MS. MURRAY:
It is hereby stipulated and agreed by and
4
between the United States of America, by Damian Williams,
5
United States Attorney for the Southern District of New York,
6
Juliana N. Murray and David R. Felton, assistant United States
7
attorneys, and Adedayo Ilori, by his attorney, Peter Brill,
8
that if called as a witness, a special agent at the US
9
Department of Justice Office of the Inspector General
10
("DOJ-OIG") would state as follows:
11
12
The special agent is familiar with the recordkeeping
and forensic extraction practices of DOJ-OIG.
13
Government Exhibit 601 is true and accurate
14
photographs of an Apple iMac A1419 computer, with serial number
15
DCPQD7TJGL1Q (the "iMac").
16
enforcement from 44-41 Purves Street, apartment 1805, Long
17
Island City, New York 11101, on October 7, 2021, pursuant to a
18
judicially authorized search warrant.
19
20
21
The iMac was recovered by law
Government Exhibits 602 through 612 are true and
accurate copies of data extracted from the iMac.
Government Exhibit 621 is true and accurate
22
photographs of a Lexar 32-gigabyte USB thumb drive (the
23
"Lexar").
24
44-41 Purves Street, apartment 1805, Long Island City, New York
25
11101, on October 7, 2021, pursuant to a judicially authorized
The Lexar was recovered by law enforcement from
SOUTHERN DISTRICT REPORTERS, P.C.
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2
3
4
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585
search warrant.
Government Exhibits 622 through 629 are true and
accurate copies of data extracted from the Lexar.
Government Exhibit 630 is true and accurate
5
photographs of a Samsung SM-A102U1 mobile phone with IMEI
6
number 358369106854992 (the "Samsung phone").
7
phone was recovered by law enforcement on October 8, 2021, from
8
the passenger compartment of a white 2021 Mercedes sedan
9
bearing New York registration KMT-9862, located in the vicinity
10
of Hannibal Street and Elmira Avenue in St. Albans, New York,
11
pursuant to a judicially authorized search warrant.
The Samsung
12
Government Exhibits 631 through 659 are true and
13
accurate copies of data extracted from the Samsung phone.
14
Government Exhibit 660 is true and accurate
15
photographs of an Apple iPhone 11 mobile phone with IMEI number
16
352905119810392 (the "iPhone 11").
17
by law enforcement on October 8, 2021, pursuant to a judicially
18
authorized search warrant.
The iPhone 11 was recovered
19
Government Exhibit 661 is true and accurate
20
photographs of an Apple iPhone 12 Pro Max mobile phone with
21
IMEI number 359237633685016 (the "iPhone 12").
22
was recovered by law enforcement on October 8, 2021, pursuant
23
to a judicially authorized search warrant.
24
25
The iPhone 12
Government Exhibits 662 through 670 are true and
accurate copies of data extracted from the iPhone 12.
SOUTHERN DISTRICT REPORTERS, P.C.
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Government Exhibit 671 is true and accurate
2
photographs of a Motorola XT2005-3 mobile phone with IMEI
3
number 352179101034573 (the "Motorola XT2005-3 phone").
4
Motorola XT2005-3 phone was recovered by law enforcement on
5
October 8, 2021, pursuant to a judicially authorized search
6
warrant.
7
The
Government Exhibits 672 through 676 are true and
8
accurate copies of data extracted from the Motorola XT2005-3
9
phone.
10
586
Government Exhibit 677 is true and accurate
11
photographs of a Motorola XT2052-6 mobile phone with IMEI
12
number 353587111315189 (the "Motorola XT2052-6 phone").
13
Motorola XT2052-6 phone was recovered by law enforcement from
14
44-41 Purves Street, Apartment 1805, Long Island City, New York
15
11101, on October 7, 2021, pursuant to a judicially authorized
16
search warrant.
17
18
19
The
Government Exhibit 678 is true and accurate copies of
data extracted from the Motorola XT2052-6 phone.
It is further stipulated and agreed that this
20
stipulation and Government Exhibits 601 through 612 and 621
21
through 678 may be received into evidence as Government
22
Exhibits at trial.
23
Your Honor, the government offers this stipulation,
24
which is Government Exhibit 6, and Government Exhibits 601
25
through 612 and 621 through 678.
SOUTHERN DISTRICT REPORTERS, P.C.
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1
MR. BRILL:
2
clarify something.
3
THE COURT:
4
(At the sidebar)
5
THE COURT:
6
here, just so I can hear you.
7
MR. BRILL:
Page 73 of 203
Your Honor, may we approach briefly to
Sure.
Mr. Brill, maybe you should come over
Thank you.
So through previous conversations with the
8
government, we had agreed that these were admissible and that
9
they were authentic, that we weren't going to require the
10
government to authenticate them.
11
exhibits are certain things that were -- that our relevancy
12
objection was still within.
13
have been clarified with respect to that last sentence that
14
they were admissible.
15
we're not objecting to their authenticity, but there's that
16
separate threshold question of whether certain things fall
17
within the categories that we discussed in the motion in
18
limine.
19
MS. MURRAY:
587
Contained within these
So perhaps the one -- it should
They certainly are admissible because
Your Honor, this was a stipulation
20
between the parties that we agreed to.
21
defendant intends to alter the stipulation, it would be helpful
22
to know the scope and also which specific items.
23
24
25
To the extent that the
THE COURT:
Do you have a copy of the stipulation for
MS. MURRAY:
Yes.
me?
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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2
THE COURT:
588
As I was listening to you, I was going to
MS. MURRAY:
They're in the government exhibit
THE COURT:
I know, but I can't find them there
binders.
5
6
Page 74 of 203
ask you to give me a set of all the stipulations.
3
4
Document 98 Filed 11/18/22
Hezir - Direct
easily, so --
7
MS. MURRAY:
Of course.
8
THE COURT:
Are there certain exhibits?
9
MR. BRILL:
Yes.
10
659.
11
Telegram conversations.
It's specifically the 631 through
I think it's even fewer exhibits than that.
It's the
12
THE COURT:
It's 31 to?
13
MR. BRILL:
I think it's less than that.
14
THE COURT:
I didn't hear the last number.
15
MR. BRILL:
Within the 631 to 659 range.
16
THE COURT:
All right.
17
Can we go off the record for a minute, please.
18
(Discussion off the record)
19
THE COURT:
Hold on one second.
Mr. Brill, I'd like you to review this
20
range of exhibits and tell me exactly which exhibits you are
21
now trying to in effect modify the stipulation with respect to
22
before I enter any kind of a ruling.
23
MR. BRILL:
You want me to bring the book up here so
24
we can look at them together?
25
THE COURT:
You don't need to just yet.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
I want to
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589
1
know, is it one of the exhibits, the whole range of exhibits,
2
what is it, okay?
3
MR. BRILL:
Thank you, your Honor.
4
(Pause)
5
THE COURT:
Okay.
6
MR. BRILL:
It's three, Exhibits 638 through 640 --
7
four exhibits, 638 through 641.
8
an app called Telegram, which is contained on that phone.
9
10
11
THE COURT:
It's a series of messages on
And your objection is, or what you wish to
resurrect?
MR. BRILL:
Yeah.
So the question is whether the
12
government has established a conspiracy among those individuals
13
as to make them nonhearsay or a hearsay exception.
14
15
16
17
18
MS. MURRAY:
And it's the government's position that
they are very clearly co-conspirator statements and -THE COURT:
I know, but now you're arguing the merits.
Now I'm talking about the stipulation issue.
MS. MURRAY:
Oh, I understand.
So what do you
19
propose, that we exclude those from the stipulation for
20
purposes of admission but you consent to stipulate to their
21
authenticity?
22
MR. BRILL:
Right.
I'm sorry, your Honor.
This had
23
been -- we orally discussed this both with Ms. Murray and
24
Mr. Nessim, prior counsel for the government on the case.
25
when it translated to the stipulation, it was just an error on
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Just
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590
my part.
MS. MURRAY:
Your Honor, my proposal would be not to
3
modify the body of the stipulation which covers the
4
authenticity but simply to change which exhibits the government
5
is seeking to admit pursuant to the stipulation, and we would
6
still seek to admit the stipulation as well into evidence, and
7
then with respect to those four exhibits, as we go through them
8
with the agent, Mr. Brill can make the objection and then we
9
can argue the merits.
10
11
12
THE COURT:
You're permitting him to make the
objection is the question I'm asking you.
MS. MURRAY:
Well, I don't believe it's appropriate,
13
but I do know that your Honor had reserved the ruling on it in
14
the motions in limine order, so I defer to the Court.
15
THE COURT:
Well, look, the issue is this:
I mean,
16
the stipulation is dated October 20th, which is after the date
17
of my in limine rulings, and it says what it says.
18
Mr. Brill at his word that it's a miscommunication, and I'm
19
asking the government, are you standing on the stipulation, in
20
which case I have no choice but to enforce it, or are you
21
honoring Mr. Brill saying there was a miscommunication?
22
MS. MURRAY:
I take
I'm absolutely honoring Mr. Brill.
I was
23
then going to the next stage, which is proposing a solution of
24
how we would modify the stipulation.
25
THE COURT:
No, I appreciate your solution.
SOUTHERN DISTRICT REPORTERS, P.C.
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Document 98 Filed 11/18/22
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So with that, I'm going to carve out those four
2
exhibits, I'm going to admit all the rest of them pursuant to
3
the stipulation, with no objection, and when you offer those
4
four, we'll deal one by one with any objection.
5
MS. MURRAY:
Okay.
6
THE COURT:
Okay?
7
MR. BRILL:
Thank you, your Honor.
8
MS. MURRAY:
Thank you, your Honor.
9
THE COURT:
Thank you.
10
(Continued on next page)
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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(212) 805-0300
591
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1
(In open court)
2
THE COURT:
3
All right.
Page 78 of 203
Thank you, all.
592
Getting back
to order.
4
So I had a conversation with counsel at sidebar here.
5
I am going to accept the stipulation into evidence as drafted,
6
and pursuant to agreement of the parties, we're going to modify
7
the agreement of the parties, and all of the exhibits
8
referenced here are now admitted into evidence with the
9
following exceptions:
10
those exhibits, there is a stipulation that the exhibits are
11
authentic—-in other words, there are no issues about whether
12
they are what they purport to be—-but Mr. Brill, on behalf of
13
Mr. Ilori, has preserved relevance objections to those
14
exhibits, and he may assert them at the time Ms. Murray tries
15
to use those exhibits, and I'll rule one by one at that time.
16
Is that accurate?
638, 639, 640, and 641.
With respect to
17
MS. MURRAY:
Yes, your Honor.
18
THE COURT:
Mr. Brill?
19
MR. BRILL:
Yes.
20
THE COURT:
All right.
21
(Government's Exhibits 6, 601 through 612, 621 through
22
Thank you.
Thank you, your Honor.
Thank you.
637, 642 through 678 received in evidence)
23
THE COURT:
All right.
24
MS. MURRAY:
Thank you, your Honor.
25
Ms. Murray, you may proceed.
BY MS. MURRAY:
SOUTHERN DISTRICT REPORTERS, P.C.
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593
1
Q.
2
iPhone 12 was recovered from the defendant on October 8, 2021.
3
Did you conduct an examination of certain of the contents of
4
that iPhone 12?
5
A.
Yes, I did.
6
Q.
For that iPhone 12, what type of examination did you
7
conduct?
8
A.
That was a manual review.
9
Q.
And why, if at all, did you conduct a manual review of that
10
device?
11
A.
12
forensic tools; therefore, manual review was conducted.
13
Q.
14
that iPhone 12 that was recovered from the defendant.
15
16
Special Agent Hezir, the parties have stipulated that an
For that device, at the time, it wasn't supported by
I'd like you to walk us through some of the contents of
MS. MURRAY:
Ms. Loftus, if you could please publish
Government Exhibit 662.
17
Is everyone able to see that?
18
THE JURORS:
Yes.
19
Q.
Special Agent Hezir, what is reflected in Government
20
Exhibit 662?
21
A.
This is a photograph.
22
Q.
And what is this a photograph of?
23
A.
In this photograph, we see the first page of the settings,
24
when you open up the settings on an iPhone.
25
Q.
And looking at the top portion.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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MS. MURRAY:
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Ms. Loftus, if you could please zoom in.
2
Q.
3
on the settings, what name is associated with the Apple ID?
4
A.
5
6
594
For this iPhone 12 that was recovered from the defendant,
Dayo Ilori.
MS. MURRAY:
And Ms. Loftus, if you could turn to the
next page, please.
7
And again, zoom in on the top portion of this page in
8
the settings.
9
Q.
What is the name of this particular device, this iPhone 12?
10
A.
The device name is Dayo's iPhone.
11
MS. MURRAY:
And Ms. Loftus, turning to the next page.
12
And zooming in on the top portion.
13
Q.
What email accounts are associated with this iPhone 12?
14
A.
There are two accounts—-dayodfine01@gmail.com and
15
adedayoilori@gmail.com.
16
MS. MURRAY:
Ms. Loftus, can you please now publish
17
Government Exhibit 663, which is another of the iPhone 12
18
contents.
19
Q.
20
Government Exhibit 663?
21
A.
22
settings on an iPhone and click on accounts, this reflects a
23
gmail account that's on the iPhone.
24
25
Special Agent Hezir, what information is reflected in
This is under the settings application.
MS. MURRAY:
If you open up
Ms. Loftus, if we could zoom in on the
top portion.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO3
Document 98 Filed 11/18/22
Hezir - Direct
1
Q.
2
that was recovered from the defendant?
3
A.
Dayodfine01@gmail.com.
MS. MURRAY:
5
please, Ms. Loftus.
And if we could go to the next page,
And zoom in on the top portion of this.
7
Q.
8
particular iPhone 12?
9
A.
10
and dayodfine01@gmail.com is the address.
11
What are the details of the Apple ID for Dayo Ilori on this
For this particular iPhone, we see Dayo Ilori is the name
MS. MURRAY:
Ms. Loftus, can you please take that down
12
and publish what's in evidence as Government Exhibit 201.
13
Q.
14
that's in evidence, and it relates to information for sign-on
15
records relating to a certain IP address.
16
A.
Yes, I do.
17
Q.
What is that IP address?
18
A.
The IP address is 67.245.59.23.
19
Q.
And on what date does this Apple record reflect a
20
connection to that IP address?
21
A.
22
23
Special Agent Hezir, this is an Apple business record
Do you see that?
May 7th of 2021.
MS. MURRAY:
Ms. Loftus, can you please turn to page 2
of this exhibit.
24
25
595
What is the gmail account associated with this iPhone 12
4
6
Page 81 of 203
And zoom in on the middle two entries there, please.
Q.
What is the customer name for this particular Apple log-on
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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1
on May 7, 2021, to that IP address?
2
A.
Dayo Ilori.
3
Q.
And the email address?
4
A.
Dayodfine01@gmail.com.
5
MS. MURRAY:
Page 82 of 203
596
Ms. Loftus, can you please now publish
6
Government Exhibit 411, which is in evidence.
7
Q.
8
business record that's in evidence.
Special Agent Hezir, Government Exhibit 411 is a Google
9
MS. MURRAY:
If we could zoom in on the top portion,
10
please.
11
Q.
12
account did these records relate to?
13
A.
14
question is dayodfine01@gmail.com.
15
(Continued on next page)
Looking at this portion of the subscriber information, what
The account ID is listed up at the top there.
16
17
18
19
20
21
22
23
24
25
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
The email in
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Q.
2
this Google record?
3
A.
Document 98 Filed 11/18/22
Hezir - Direct
Page 83 of 203
And what is the name associated with that email address in
Adedayo Ilori.
4
MS. MURRAY:
And if we could zoom out, please,
5
Ms. Loftus, and then zoom in on the account recovery portion.
6
Q.
7
email?
8
A.
9
online account, typically like an email account, you'll set a
10
recovery email so that just in case you get locked out of the
11
account, it will set an automated email to your recovery
12
address in order for you to unlock the first account.
13
Q.
14
Can you describe what that is, please?
15
A.
16
a mobile device where it will send a text message in case you
17
get locked out of the primary account.
18
Q.
19
Dayodfine01@gmail.com, what is the recovery email listed for
20
that account?
21
A.
22
First of all, Special Agent Hezir, what is a recovery
A recovery email is usually set up when you create an
And in looking at the next line, it indicates recovery SMS.
Sure.
That recovery SMS is a telephone number typically to
Now, looking at this record for this email address,
The recovery email is Dfinebydayo@gmail.com.
MS. MURRAY:
Ms. Loftus, can you please now publish
23
Government Exhibit 412, which is in evidence.
24
additional Google subscriber records.
25
597
These are
If we could zoom in on the top portion, please,
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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598
through to the end of account recovery.
2
Thank you.
3
Q.
4
relate to?
5
A.
6
Dfinebydayo@gmail.com.
7
Q.
8
these business records?
9
A.
Dayo Ilori.
10
Q.
Looking down to the same section we just discussed, the
11
account recovery, what is the recovery account for this
12
particular email account?
13
A.
Special Agent Hezir, what email address do these records
These records relate to the email address
And what is the name associated with that Gmail address in
The recovery email address is Adedayoilori@gmail.com.
14
MS. MURRAY:
And, Ms. Loftus, if you could please now
15
publish Government Exhibit 410, which is in evidence.
16
Q.
17
for an email account.
18
MS. MURRAY:
Again, Special Agent Hezir, subscriber records from Google
Focus, Ms. Loftus, on the next section.
19
Q.
What is the email address for the account that these
20
records relate to?
21
A.
The email address is Adedayoilori@gmail.com.
22
Q.
And the name associated with that email address in these
23
records?
24
A.
Adedayo Ilori.
25
Q.
And then looking down to the account recovery, what is the
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
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recovery email?
2
A.
Document 98 Filed 11/18/22
Hezir - Direct
Page 85 of 203
Dayodfine01@gmail.com.
3
MS. MURRAY:
Ms. Loftus, could you please publish
4
Government Exhibit 665.
5
Q.
6
records that you manually reviewed on the iPhone 12 that was
7
recovered from the defendant's person on October 8, 2021.
8
Looking at this imagine, can you tell us what is
Special Agent Hezir, we're returning now to some of the
9
depicted here?
10
A.
11
account.
12
599
These are email messages that are in the trash for a Gmail
MS. MURRAY:
And if we could zoom in on the first
13
three, please, Ms. Loftus.
14
Q.
15
be in the trash of the email account on this iPhone?
16
A.
The name is Jonathan Herttua.
17
Q.
And looking again on the third, what is that name in this
18
trash email on the iPhone 12?
19
A.
Also Jonathan Herttua.
20
Q.
And is there a -- what appears to be a subject line in that
21
third entry?
22
A.
What is the name of the -- the first item that appears to
For the third entry, the subject appears to be tax.
23
MS. MURRAY:
24
4 of Government 665.
25
Q.
Ms. Loftus, if you could turn now to page
Special Agent Hezir, what is reflected here?
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO3
Document 98 Filed 11/18/22
Hezir - Direct
Page 86 of 203
600
1
A.
Here we're looking at an email.
2
Q.
And starting at the bottom portion, which would be earlier
3
in the chain on this email, below forwarded message, can you
4
explain who that email is from, what account, and what account
5
that email is sent to?
6
A.
7
Ilori from the address Adedayoilori@gmail.com.
8
Q.
And this is sent to --
9
A.
The name is Dayo.
10
Dayodfine01@gmail.com.
11
Q.
12
a photograph of a screen, does there appear to be an attachment
13
to that email?
14
A.
Yes, there does.
15
Q.
What is the title of the attachment?
16
A.
The attachment is named Adedayo-Ilori-35061.pdf.
17
Q.
Now, working our way up the image, looking below the next
18
forwarded message line higher up on the screen, can you read
19
for us where that email is forwarded from and to whom it is
20
sent?
21
A.
22
The email address is Dayodfine01@gmail.com, and it's sent to
23
Herttuajonathan1957@gmail.com.
24
MS. MURRAY:
25
please turn back to page 1.
I'm looking at the original message that is from Adedayo
The email address is
And looking how that appears, understanding that it's just
The email is forwarded from Dayo Ilori.
That's the name.
Ms. Loftus, for a moment, if we could
So Government Exhibit 665, page 1.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO3
Document 98 Filed 11/18/22
Hezir - Direct
Page 87 of 203
1
If we could zoom in on the email, Nara from Renthop, please.
2
Q.
3
email as depicted in this photo reflects?
4
A.
Sure.
5
Q.
Just the text, please.
6
A.
Sure.
7
601
Special Agent Hezir, can you read what this particular
Would you like me to read?
Thank you.
Room for $964 in Bushwick and ten more listin.
8
Q.
And what is the date of that email?
9
A.
January 3rd, 2021.
10
MS. MURRAY:
Ms. Loftus, could we please go to
11
Government Exhibit 665, page 16.
And if we could zoom in on
12
the screen of the phone that's shown here.
13
Q.
14
an R and then some text, can you tell us what account or what
15
entity this email was sent from and to whom it was sent?
16
A.
It was sent from Robinhood, and it's sent to Adedayo Ilori.
17
Q.
And then looking at the subject line as reflected in white
18
found underneath those two email -- or those two, sender,
19
recipient information, can you tell us what that said?
20
A.
Robinhood password has been reset.
21
Q.
And the date of this email?
22
A.
April 19, 2021.
23
Q.
And then looking at the body of the email, you don't need
24
to read the entire thing, but if you could let us know to whom
25
that email appears to be addressed and what Robinhood account
Special Agent Hezir, looking at the very top where there's
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO3
Document 98 Filed 11/18/22
Hezir - Direct
1
identifier it relates to?
2
A.
3
address is Dayodfine01@gmail.com.
It's addressed to Dayo.
4
MS. MURRAY:
The hi Dayo line.
Page 88 of 203
602
And the email
Ms. Loftus, can you go to the next page,
5
please, 17.
6
the screen.
7
Q.
8
appears to be the subject line which is in white and then blue
9
font on the top of the screen?
10
A.
Security alert for Adedayoilori@gmail.com.
11
Q.
And then looking just below that, if you could please read
12
that text, the first sentence essentially of that section.
13
A.
14
Adedayoilori@gmail.com.
15
Q.
And then the next sentence, please?
16
A.
Dayodfine01@gmail.com is the recovery email for this
17
account.
18
Q.
19
entire thing, but below the line that states that
20
Adedayoilori@gmail.com address, it indicates something about
21
the Google account.
Special Agent Hezir, looking at this, can you read what
This is a copy of a security alert sent to
And if we look down the email, we don't need to read the
22
Can you read that first sentence, please?
23
A.
24
device.
25
And if we could again zoom in on the content of
Your Google account was just signed into from a new Mac
MS. MURRAY:
Ms. Loftus, can you please publish
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO3
Document 98 Filed 11/18/22
Hezir - Direct
Page 89 of 203
1
Government Exhibit 670?
2
was recovered from the defendant.
3
Q.
4
information in the phone is reflected in this particular
5
exhibit?
6
A.
603
Again, content of the iPhone 12 that
Special Agent Hezir, what part of the phone or what
This is the notes application on the iPhone.
7
MS. MURRAY:
And if we could turn to the next page,
8
please, Ms. Loftus.
Zooming in on the text that we see here
9
focusing on the first two lines.
10
Q.
11
second line, please?
12
A.
On the second line, Appserd.
13
Q.
And above that there appear to be numbers, two digits, a
14
hyphen, and then a series of additional digits.
15
training and experience, what if anything do you understand
16
those numbers to represent?
17
A.
18
purposes.
19
Q.
20
Identification Number?
21
A.
Yes.
22
Q.
And then looking at the next entry again, lines three and
23
four, does that appear to be the same type of information for
24
what appears to be a different name?
25
A.
Special Agent Hezir, can you read the name that's on the
Based on your
Those look like employer identification numbers for tax
Is that also referred to as a TIN number, Taxpayer
Yes.
That's correct.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO3
1
2
MS. MURRAY:
Document 98 Filed 11/18/22
Hezir - Direct
Page 90 of 203
604
Ms. Loftus, can you please publish
Government Exhibit 156 alongside Government Exhibit 670?
3
And, sorry, Ms. Loftus, page 2.
4
And if we could zoom in on Government Exhibit 156, on
Thank you.
5
the business legal name through to the business TIN.
6
Q.
7
Protection Program application form that is in evidence.
8
you read the business legal name on that PPP form?
9
A.
Appserd, Inc.
10
Q.
And then looking to the right and a line down, can you read
11
the business TIN associated with Appserd on that PPP loan
12
application form?
13
A.
46-5422859.
14
Q.
And then you can see it on your screen still, on the top
15
right.
16
notes application from the iPhone 12 that was recovered from
17
the defendant.
Special Agent Hezir, Government Exhibit 156 is a Paycheck
This is Government Exhibit 670, page 2.
18
Can
Again, the
Can you read that TIN that's associated with Appserd
19
in that notes entry?
20
A.
46-5422859.
21
Q.
Do these two documents reflect the same information with
22
respect to an entity and its associated Taxpayer Identification
23
Number?
24
A.
Yes.
25
Q.
Thank you.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO3
1
MS. MURRAY:
Document 98 Filed 11/18/22
Hezir - Direct
Page 91 of 203
605
Ms. Loftus, you can take that down.
2
Q.
3
Were you involved in analyzing any other electronic data when
4
you were assisting in this investigation?
5
A.
Yes.
6
Q.
Does that include IP address data?
7
A.
Yes.
8
Q.
During the investigation, did the DOJ OIG identify any IP
9
addresses of interest?
10
A.
Yes.
11
Q.
Now, we looked at an Apple business record a few minutes
12
ago.
13
record, is that one of the IP addresses of interest that the
14
DOJ OIG identified?
15
A.
Yes.
16
Q.
Special Agent Hezir, what kind of analysis, if any, did you
17
perform regarding that IP address 67.245.59.23?
18
A.
I want to step away from electronic devices for a moment.
That's correct.
We did.
Does the IP address that we discussed in that Apple case
That was one of them.
I performed a records analysis.
19
MS. MURRAY:
Ms. Loftus, can you please show the
20
witness only and the Court and the parties what's been marked
21
for identification as Government Exhibit 720.
22
Q.
Special Agent Hezir, do you recognize this?
23
A.
Yes.
24
Q.
What is it?
25
A.
It's a document.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO3
Document 98 Filed 11/18/22
Hezir - Direct
Page 92 of 203
606
1
Q.
Does it appear to be a summary chart?
2
A.
Yes, it does.
3
Q.
Does the summary chart reflected in Government Exhibit 720
4
summarize certain information contained within voluminous
5
records?
6
A.
Yes, it does.
7
Q.
Is the information that is reflected in this chart
8
accurate?
9
A.
Yes.
10
Q.
How do you know it's accurate?
11
A.
I reviewed it personally.
12
Q.
Are the source documents that the summary chart relied on
13
cited in Government Exhibit 720 on the left side?
14
A.
It is.
Yes, they are.
15
MS. MURRAY:
Your Honor, the government offers Exhibit
17
MR. BRILL:
No objection.
18
THE COURT:
It will be received.
16
19
720.
chart.
It's a summary
You may publish.
20
(Government Exhibit 720 received in evidence)
21
MS. MURRAY:
22
Ms. Loftus, can you please publish that to the jury?
Thank you, your Honor.
23
Q.
24
describe what type of information is reflected in Government
25
Exhibit 720?
Special Agent Hezir, at a high level can you please
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO3
Document 98 Filed 11/18/22
Hezir - Direct
Page 93 of 203
607
1
A.
In this exhibit we're looking at, providers that have
2
captured the specific IP address in their records.
3
Q.
4
summary chart, did you standardize the times that are listed in
5
these various different providers' records into ET or Eastern
6
Time?
7
A.
Yes, that's correct.
8
Q.
Now, looking at the second row, Government Exhibit 201, the
9
entry for Apple, Inc, is that the particular Apple IP
10
connection that we looked at earlier in the Apple record?
11
A.
Yes.
12
Q.
And what is the date and time of that connection to that
13
Apple record, which, as reflected, relates to the Dayo Ilori
14
account or Dayodfine01@gmail.com?
15
A.
That date is May 7, 2021.
16
Q.
And what is the time?
17
A.
6:02p.m.
18
Q.
Can you read the exact time as reflected on the summary
19
chart?
20
A.
Sure.
21
Q.
Looking now at the entry for Government Exhibit 351,
22
provider Robinhood, can you read the date and time of the first
23
connect for that Robinhood account?
24
A.
May 7, 2021.
25
Q.
And what is the time range?
And looking at the date time column, in preparing this
6:02:24 p.m.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO3
Document 98 Filed 11/18/22
Hezir - Direct
Page 94 of 203
608
1
A.
Between 6:10 and 7:09 p.m.
2
Q.
And the subscriber information associated with that
3
Robinhood account that connected to the IP on that date and
4
time.
5
A.
John Herttua.
6
Q.
And, actually, the phone number associated with that entry
7
as well, please?
8
A.
646-575-0642.
9
Q.
And then looking at the top row of this document, which is
10
Government Exhibit 241, information reflected from provider
11
Charter Communications, what is the date and time range for
12
that IP address associated with the Charter Communications
13
account?
14
A.
May 7, 2021, to July 27, 2021.
15
Q.
And for that connection, based on the Charter records, who
16
was the a named subscriber and what was the email address?
17
A.
Mark Heffron, Markheffron92@gmail.com.
18
Q.
And what is listed as the residential or location address
19
associated with that subscriber?
20
A.
44-41 Purves Street, LIC, NY 11101.
21
Q.
Finally, looking at the last row which reflects documents
22
from provider Charles Schwab -- looking at the last row which
23
reflects documents from provider Charles Schwab, what is the
24
subscriber information for the Charles Schwab account that
25
connected to that IP address on July 21, 2021?
Just a name and an email address would suffice.
Herttuajonathan1957@gmail.com.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO3
1
A.
Document 98 Filed 11/18/22
Hezir - Direct
Page 95 of 203
609
Jonathan Herttua, 74 E. Seventh Street, NY, NY 11218.
2
MS. MURRAY:
And Ms. Loftus, if you could take that
3
down.
4
Q.
5
another Charles Schwab exhibit in evidence, Government Exhibit
6
243.
7
Schwab in response to a subpoena.
I would like to play for you now, Special Agent Hezir,
It's an audio recording that was provided by Charles
8
We're going to play a portion of it, and pause it, and
9
ask you to confirm for the jury what we're hearing on this
10
audio recording.
11
(Recording played)
12
MS. MURRAY:
Ms. Loftus, can you pause it there,
13
please.
14
Q.
15
customer service call, were you able to hear the email address
16
that the customer who's calling for assistance provided?
17
A.
18
sorry.
19
Special Agent Hezir, in this recorded Charles Schwab
I only caught the last little bit of that email.
MS. MURRAY:
I'm
Ms. Loftus, can you turn the volume up a
20
little and just go back a few seconds.
21
going to try to capture that email address.
22
(Recording played)
23
MS. MURRAY:
I'm sorry.
We're just
You can pause, Ms. Loftus.
24
Q.
Were you able to hear the email, understanding that it was
25
stated, but the email address provided by the customer?
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO3
1
A.
I'm sorry.
2
Q.
No problem.
3
Document 98 Filed 11/18/22
Hezir - Direct
I still didn't catch it.
MS. MURRAY:
Page 96 of 203
I apologize.
Your Honor, I'm going to turn to a new
4
device now.
5
break now or you wanted to continue with the new device.
I'm not sure if you wanted to take an afternoon
6
THE COURT:
7
afternoon break now.
8
at 2:30, 2:35, somewhere around there, okay?
9
610
All right.
Why don't we take our
It is 2:20, so if we can be back roughly
Please leave your notebooks on your chair.
And I
10
remind you, Special Agent, you remain under oath.
11
not discuss your testimony with anybody while we are in recess.
12
13
14
Please do
And, jurors, please do not talk about the case while
we're in recess.
Thank you.
(Continued on next page)
15
16
17
18
19
20
21
22
23
24
25
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO3
Document 98 Filed 11/18/22
Hezir - Direct
Page 97 of 203
1
(Jury not present)
2
THE COURT:
3
THE WITNESS:
4
THE COURT:
Is there anything we need to discuss?
5
MS. MURRAY:
No, your Honor.
6
MR. BRILL:
No, your Honor.
7
THE COURT:
All right.
8
All right.
Thank you.
Thank you.
Thank you.
So I'll see you
all in about ten minutes or so.
9
(Recess)
10
(Jurors not present)
11
THE COURT:
12
You may step down, sir.
Yes.
The witness can come back to the
stand.
13
Do we have anything we need to discuss?
14
MS. MURRAY:
No, your Honor.
15
THE COURT:
Okay.
16
retrieve the jurors, please.
Ms. Dempsey, do you want to
17
THE DEPUTY CLERK:
18
(Continued on next page)
Yes, your Honor.
19
20
21
22
23
24
25
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
611
Case 1:21-cr-00746-MKV
MAS1ILO3
Document 98 Filed 11/18/22
Hezir - Direct
1
(Jurors present)
2
THE COURT:
3
Ms. Murray.
4
MS. MURRAY:
Thank you, Your Honor.
5
THE COURT:
Excuse me.
6
THE WITNESS:
All right.
Page 98 of 203
612
You may be seated.
You remain under oath.
Yes, your Honor.
7
Q.
Special Agent Hezir, I'd like to turn to the iMac computer
8
recovered from apartment 1805 at 4441 Purves Street on October
9
8, 2021.
10
MS. MURRAY:
Ms. Loftus, can you please publish
11
Exhibit 601, which is in evidence?
12
through the pages of this exhibit.
13
Q.
14
recovered at apartment 1805?
15
A.
Yes.
16
Q.
Did DOJ OIG review the contents of the iMac?
17
A.
Yes.
18
Q.
From that review, were any reports created?
19
A.
Yes.
20
Q.
Have you reviewed any reports or tags created during that
21
iMac forensic review?
22
A.
23
And if you could scroll
Special Agent Hezir, are these photos of the iMac that was
Yes.
MS. MURRAY:
Ms. Loftus, if you could publish
24
Government Exhibit 602, which is in evidence.
This is certain
25
information that was retrieved from the iMac computer.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO3
1
Document 98 Filed 11/18/22
Hezir - Direct
Page 99 of 203
613
Looking at the type of information reflected here, if
2
we could go down, please, Ms. Loftus, to the contents.
3
you.
4
Q.
5
listed in this document?
6
A.
Thank
Do you see various tags with different titles that are
Yes.
7
I do.
MS. MURRAY:
To take a few examples, Ms. Loftus, if
8
you could zoom in from device down to the bottom of that first
9
page of tags, attached devices.
10
Q.
11
reports that were created from the review of the contents of
12
the iMac?
13
A.
14
has highlighted for the case agent to review.
15
Q.
16
earlier described to be just pieces of evidence or pieces of
17
data?
18
that were identified?
19
A.
So what information does this reflect with respect to the
These tags represent artifacts, things that the examiner
And did the examiner highlight those artifacts, which we
Did the examiner categorize those by different topics
Yes.
20
MS. MURRAY:
If you could zoom out, Ms. Loftus, and I
21
just want to scroll through the contents of the iMac reports,
22
the iMac forensic reports, get a general sense of what some of
23
the tags were.
24
Q.
25
of them.
We're going to go through some of these in detail, not all
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO3
1
MS. MURRAY:
Document 98 Filed 11/18/22
Hezir - Direct
Page 100 of 203
614
Ms. Loftus, can you please publish
2
Government Exhibit 603.
3
iMac.
4
Q.
5
page 2, please, and zoom in on the middle of the page, there's
6
a model, there's a host name, and there's some additional
7
information in the middle of the page.
This is device information for the
And looking at this device information, if we could turn to
8
Special Agent Hezir, what does host name reflect in
9
this information for the iMac computer?
10
A.
Host name in this particular case is Dayos-iMac.
11
12
MS. MURRAY:
Ms. Loftus, can you please pull up
Government Exhibit 604.
13
This reflects tags again that we saw in the earlier
14
version of the device extraction information, and if we could
15
go down to page 2, please, Ms. Loftus, and just up a bit,
16
please, and focus on the top left tag.
17
Q.
18
reflected in this particular report?
19
A.
Yes, I do.
20
Q.
What type?
21
A.
These are user accounts.
22
Q.
And how many user accounts were tagged in this user report?
23
A.
Sixteen.
24
Q.
I want to discuss a few of these user accounts that were
25
tagged.
Special Agent Hezir, do you see what kind of tags are
And, again, this is an iMac recovered from apartment
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO3
1
Document 98 Filed 11/18/22
Hezir - Direct
Page 101 of 203
615
1805.
2
Looking at this first user account we see here, can
3
you read the name of the account?
4
A.
The name of the first one is Dfinebydayoilori.
5
Q.
And the account type?
6
A.
Mac user.
7
MS. MURRAY:
Ms. Loftus, if you could go to 604, page
8
3, I'd like to zoom in on the fourth account that's listed,
9
please.
10
Q.
Do you see this account?
11
A.
Yes, I do.
12
Q.
What is the name and the account type for this account that
13
was located on the iMac as a user account?
14
A.
15
is Facebook.
The name is Dayo@dfinebydayoilori.com, and the account type
16
MS. MURRAY:
And, Ms. Loftus, if we could go to the
17
next page, please, page 4 of Government Exhibit 604.
18
could focus on the fourth account listed here.
19
third and fourth if we could, please.
And if we
Actually, the
20
Looking at the third account, which is the first
21
highlighted in this excerpt, can you read the name and the
22
account type of that account that was a user account on the
23
iMac?
24
A.
Dfinebydayo@gmail.com and the account type is Gmail.
25
Q.
Next user, same thing, name and account type.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO3
1
A.
Document 98 Filed 11/18/22
Hezir - Direct
Page 102 of 203
Dayodfine01@gmail.com, and account type is iCloud.
2
MS. MURRAY:
3
like to go again to page 2.
4
each page so the jury has an opportunity to look at this
5
exhibit and see, generally speaking, what the names are
6
associated with these 16 user accounts.
7
8
616
Ms. Loftus, if we could zoom out, I'd
And just pause for a moment on
So if we could go to the next page, please, page 3 and
pause for a moment.
9
Now, the next page, please.
Page 4 and page five,
10
please.
11
Q.
12
on the iMac, do these accounts generally appear to pertain to
13
the same general identifier or identifiers?
14
A.
Yes.
15
Q.
And what would that be or those be?
16
A.
The identifier that sticks out the most is Dayo.
Special Agent Hezir, looking through all these 16 accounts
17
MS. MURRAY:
18
This is in evidence.
19
Q.
20
report relate to from the iMac contents?
21
A.
It relates to the tag passport.
22
Q.
So focusing on this first file that's listed, I'd like to
23
zoom in on the first three lines here, the first three entries,
24
source device through path.
25
Ms. Loftus, can you now publish 607.
This is another iMac report.
Looking at the top, Special Agent Hezir, what tag does this
Can you describe what information is here for this
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO3
Document 98 Filed 11/18/22
Hezir - Direct
Page 103 of 203
617
1
first file tagged passport in the iMac?
2
A.
3
file came from.
The name of the file itself is the second
4
listing there.
And the path is going to where it's going to
5
logically be found on the computer.
6
Q.
7
by that, please, forensically?
8
A.
9
system.
10
located underneath.
11
Q.
12
on this report having been tagged passport, what is the name of
13
the file?
14
A.
The name is NazmulpassportID.pdf.
15
Q.
And without reading the entire path, can you describe where
16
this file is located based on the path line information?
17
A.
18
user profile in the trash folder.
Sure.
We're looking at source device.
This is where the
And when you say logically, can you describe what you mean
Sure.
It's basically where it's located in the operating
Basically, what folders and subfolders a file is
So for this particular file, again the first file reflected
Based on the path line, it's under the Dfinebydayoilori
19
MS. MURRAY:
If you could zoom out now, Ms. Loftus.
20
I want to zoom in now on the middle portion of this.
21
There are a couple of dates here, created, changed and
22
modified.
23
Q.
24
date this file was created and modified?
25
same.
For this Nazmul passport ID pdf file, can you read what
It appears to be the
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO3
Document 98 Filed 11/18/22
Hezir - Direct
Page 104 of 203
1
A.
Date created and modified is September 24, 2018.
2
Q.
And the time?
3
A.
20:41:55 in UTC.
4
Q.
Now, in the middle there's a field called date changed.
5
Can you read what date this file Nazmul passport ID was
6
changed?
7
A.
July 2, 2019.
8
Q.
And at what time?
9
A.
00:25:33 UTC time.
10
MS. MURRAY:
11
12 of Government Exhibit 607.
12
Ms. Loftus, can you please turn to page
And if we could zoom in on the bottom portion of this
13
image file.
14
Q.
15
discussing, the PDF file located in the iMac trash folder?
16
A.
Yes.
17
Q.
What is the name listed on this purported passport?
18
A.
Nazmul Islam.
Special Agent Hezir, is that the file that we were just
19
20
618
MS. MURRAY:
Ms. Loftus, can you please turn back to
page 1.
21
Looking now at the second file tagged passport in the
22
iMac, it goes from page 1, carries over into page 2.
If you
23
could zoom in on the source device through to the spotlight,
24
kind of last spotlight entry there.
25
Q.
Special Agent Hezir, what was the name of this file?
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO3
Document 98 Filed 11/18/22
Hezir - Direct
Page 105 of 203
619
1
A.
Ericpassport.pdf.
2
Q.
And again, without reading the entire pathline information
3
in, can you describe for the jury where this file was located
4
in the iMac?
5
A.
6
the mail application for a Gmail mailbox as an attachment.
7
Q.
8
right side, there's an indication .Mbox.
9
that file type?
10
A.
Yes, I am.
11
Q.
What is an mbox file?
12
A.
An mbox file contains emails.
13
Q.
Looking now at the spotlight, so starting with the first --
14
the second, excuse me, spotlight entry reading down the next
15
couple names can you read what those spotlight entries reflect?
16
So spotlight user shared received recipient, what is that?
17
A.
Would you like me to read the entries?
18
Q.
Yes.
19
A.
Dayo Ilori.
20
Q.
And then user shared received recipient handle?
21
A.
Dfinebydayo@gmail.com.
22
Q.
What about the sender, use shared received sender?
23
A.
Dayo Ilori.
24
Q.
And user shared received sender handle?
25
A.
Dayodfine01@gmail.com.
This was located under the user profile Dfinebydayoilori in
Now, looking at the second line of the pathline near the
Are you familiar with
If you could read the entry, I'll read the fields.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO3
Document 98 Filed 11/18/22
Hezir - Direct
Page 106 of 203
1
Q.
2
different fields indicate about this Ericpassport.pdf file
3
which was in the Gmail account or the Gmail inbox as an
4
attachment?
5
A.
6
specific PDF.
7
Q.
8
this Eric passport file to which email account?
9
A.
10
Dayodfine01@gmail.com.
11
Dfinebydayo@gmail.com.
620
In plain English, can you explain to us what those
This would reflect the sender and recipient of this
And in this particular case, which particular account sent
The sender would reflected at the bottom,
12
MS. MURRAY:
The receiver would be
And if you could zoom out again, Ms.
13
Loftus.
14
Q.
On what date was this file created, changed and modified?
15
A.
September 24, 2018.
16
Q.
At what time?
17
A.
Sure.
18
Going to the dates, created, changed and modified.
Thank you.
20:41:57 UTC time.
MS. MURRAY:
Ms. Loftus, can you please now turn to
19
page 13 of Government Exhibit 607.
And zooming in on the
20
bottom portion of this passport as we see it.
21
Q.
22
discussing, that Ericpassport.pdf file that was located in the
23
Dfinebydayo@gmail address in the iMac?
24
A.
Yes.
25
Q.
What is the name listed on this passport, this purported
Special Agent Hezir, is that the file we were just
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO3
1
passport?
2
A.
Document 98 Filed 11/18/22
Hezir - Direct
Page 107 of 203
621
Eric Charles Chenworth.
3
MS. MURRAY:
Ms. Loftus, page nine of Government
4
Exhibit 607, and zoom in on the media picture entry we see on
5
that page, the bottom two-thirds of the page.
6
Q.
7
reflected here for this file that was recovered from the iMac?
8
I don't want you to read everything here in, but if you could
9
explain the name of the file and what type the file appears to
10
be?
11
A.
12
and jpg's are typically imagine files.
13
Q.
14
generally speaking where this is located in the iMac?
15
A.
16
profile in the pictures folder, in the photos library,
17
subfolder area.
18
Q.
19
that indicates EXIF colon scene type a few rows from the bottom
20
of that.
21
A.
Yes.
22
Q.
First of all, what .EXIF mean, if you know?
23
A.
EXIF is basically meta data attached to picture files.
24
Q.
And then looking at the description for EXIF scene time for
25
this particular file, what does that indicate?
Special Agent Hezir, can you describe what information's
Sure.
In this case, the name of the file, IMG_0543.jpg,
And looking at the path, again, if you could just explain
In general terms, it's under the Dfinebydayoilori user
And I want to look a couple of lines down.
There's a field
Do you see that?
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO3
1
A.
2
Document 98 Filed 11/18/22
Hezir - Direct
Page 108 of 203
622
Directly photographed image.
MS. MURRAY:
Ms. Loftus, if you could turn to page 33
3
of Government 607 and zoom in on the bottom portion of this
4
image file.
5
Q.
6
apparent photograph of a passport?
7
A.
Adedayo Adewale Ilori.
8
Q.
And this photo was saved on the iMac that was in apartment
9
1805; is that correct?
10
A.
11
Special Agent Hezir, what number is reflected on this
That's correct.
MS. MURRAY:
Ms. Loftus, you can take that down, and
12
please publish Government Exhibit 609.
Again, a report from
13
the iMac.
14
Q.
15
first entry.
16
record but the main URL.
17
A.
Sure.
18
Q.
And just to be clear, what is an URL?
19
A.
An URL stands for uniform resource locator.
20
a path to get to a website.
21
www.google.com, for example, would be an URL.
22
Q.
23
accessed this URL?
24
A.
Dfinebydayoilori.
25
Q.
And on what date?
This reflects tags for internet history.
I'd like to look first at the URL that is indicated in this
Again, not reading the entire thing into the
Trading2.com.
It's basically
The best example might be like
And looking near the bottom profile, what profile on iMac
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO3
1
A.
Document 98 Filed 11/18/22
Hezir - Direct
Page 109 of 203
623
October 7, 2021.
2
MS. MURRAY:
Ms. Loftus, if we could please go to
3
Government Exhibit 609, page 18.
4
page, on the session on the top half of the page.
5
I'd like to zoom in on that
And this is an internet last session that was tagged
6
in the iMac.
7
Q.
8
file?
9
A.
The actual path or --
10
Q.
Again, the content of the path.
11
A.
Sure.
12
the library Safari, Safari being the internet browser for MAC,
13
under the recently closed tabs.plist file.
14
Q.
15
whole thing, but what was the source URL of this file?
16
A.
Source URL would be drive.google.com.
17
Q.
And then looking at the title, and then the next tab, the
18
last -- or the entry, the last visit, can you read this?
19
A.
20
20:35:51 UTC.
21
Q.
22
.PSD.
23
A.
Yes, it is.
24
Q.
Do you know what type of file it is?
25
A.
I do.
Looking at this, what's the pathline for this particular
Like a second entry here.
Thank you.
It's under the user profile Dfinebydayoilori under
And if we could look at the file, again, not reading the
Title is source.PSD-googledrive.
Last visit is 2020-11-25,
Now, in the title of this document, I want to focus on that
Is that a file type?
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO3
Document 98 Filed 11/18/22
Hezir - Direct
Page 110 of 203
1
Q.
What is it?
2
A.
PSD files are Adobe Photoshop document files.
3
Q.
And what is Adobe Photoshop?
4
A.
An image manipulation tool.
5
MS. MURRAY:
624
Ms. Loftus, can you please publish
6
Government Exhibit 610?
7
Q.
8
that were tagged, in particular source, the number four, jets.
9
Looking at the first page and the first media picture
10
Special Agent Hezir, these are certain files from the iMac
here --
11
MS. MURRAY:
If we could zoom in, Ms. Loftus, from
12
media picture down to the bottom of the page.
13
Q.
What's the file name for this particular file?
14
A.
Source4jets.PSD.
15
Q.
So that's a Photoship file; is that correct?
16
A.
That's correct.
17
MS. MURRAY:
18
Ms. Loftus.
19
Q.
20
page?
21
A.
22
And turning to page 2, please,
What date was this file created, about midway through the
November 25th, 2020.
MS. MURRAY:
Ms. Loftus, can you please publish
23
Government Exhibit 163, alongside Government Exhibit 610, page
24
1.
25
And, Ms. Loftus, on Government Exhibit 163, if you
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO3
Document 98 Filed 11/18/22
Hezir - Direct
Page 111 of 203
1
could zoom in on the first couple lines under business
2
information.
3
Q.
4
this SBA document that's shown in Government Exhibit 163?
5
A.
6
Special Agent Hezir, what is the business legal name of
Source 4 Jets, Inc.
(Continued on next page)
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
625
Case 1:21-cr-00746-MKV
MAS1ILO5
Document 98 Filed 11/18/22
Hezir - Direct
Page 112 of 203
626
1
BY MS. MURRAY:
2
Q.
3
the Photoshop file recovered from the iMac, what was the name
4
on that file?
5
A.
And looking on the left side on the media picture entry for
Source4jets.psd.
6
MS. MURRAY:
7
publish Government Exhibit 612.
8
Q.
9
on the bottom of page 2 in Government Exhibit 612, if we could
10
go there?
11
A.
The name at the bottom there is Image 6-3-19@2.52pm.jpg.
12
Q.
Thank you.
13
portion.
14
Ms. Loftus, please take that down and
Special Agent Hezir, what is the name of the file described
I apologize.
MS. MURRAY:
I directed you to the wrong
Ms. Loftus, if we could zoom out.
15
Q.
Focusing now just on the bottom half of that prior entry, I
16
want to focus on the spotlight indicates Adobe Photoshop.
17
we look at the source file on the bottom, it appears that the
18
path line indicates the file name, starts with Image.
19
read that, please.
20
A.
Image 12-18-20@6pm2.psd.
21
Q.
And looking above, there are some spotlight information.
22
It looks like layer names with some numbering.
23
speaking, do you have an understanding of what information is
24
reflected there in this Photoshop document, the metadata or the
25
data for this Photoshop document?
If
Can you
Generally
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
Document 98 Filed 11/18/22
Hezir - Direct
Page 113 of 203
627
1
A.
Yes.
2
Q.
What's reflected in the layers?
3
A.
Again, in Adobe Photoshop, layers are added on top of the
4
original image to -- when they -- a new addition or correction
5
is made to that, basically any alteration made to that image is
6
an additional layer.
7
Q.
8
you could look at that and just indicate what, if anything, is
9
notable to you about the text that appears in that layer name.
10
A.
11
"through."
12
So looking in particulate, the layer name 4 field here, if
Appears there's no space between 2021 and the word
MS. MURRAY:
Ms. Loftus, can you please pull up what's
13
in evidence as Government Exhibit 111, page 19, alongside this
14
Government Exhibit 612, page 3.
15
16
I apologize, Ms. Loftus.
page number for 111.
17
18
I think I have the wrong
Okay.
You can take that down.
I'll find the right
document.
19
Okay.
20
Government Exhibit 111.
21
BY MS. MURRAY:
22
Q.
23
bank account in the name of Amana Air Charters, LLC.
24
25
If we could publish, actually, Ms. Loftus, just
This is a business signature card from Chase Bank for a
MS. MURRAY:
Q.
And if we could go to page 3, please.
What is the name, the printed name that's associated with
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
Document 98 Filed 11/18/22
Hezir - Direct
1
this particular Chase account?
2
A.
Page 114 of 203
628
David W. Dilley.
3
MS. MURRAY:
Thank you, Ms. Loftus.
You can take that
4
down.
5
Q.
6
devices that you recovered between October 7th and October 8th,
7
2021.
Special Agent Hezir, I'd like to talk about another of the
8
This is the iPhone 11, and the parties have stipulated
9
that the iPhone 11 was recovered pursuant to one of the search
10
warrants.
11
extracted?
12
A.
No, they were not.
13
Q.
Why not?
14
A.
They were not supported with our current forensic tools at
15
the time.
16
Q.
17
or the SIM card that was contained within the iPhone 11?
18
A.
19
Were the contents of the iPhone 11 able to be
Were you able to extract any information from the iPhone 11
I was able to get an extraction of the SIM card.
MS. MURRAY:
And the parties have stipulated the
20
iPhone 11 was recovered from the defendant's person the date of
21
his arrest, October 8, 2021.
22
Ms. Loftus, if you could please show the witness
23
what's been marked for identification as Government
24
Exhibit 660-A.
25
the Court, please.
And this is for the witness and the parties and
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
1
2
Document 98 Filed 11/18/22
Hezir - Direct
Page 115 of 203
629
When we get that up, Ms. Loftus, if we could go to
page 2 of that particular document.
3
We'll come back to that, Ms. Loftus, if we could.
4
I'll make a note of it.
5
moment.
Just so we can keep going for a
6
The parties have also agreed that a Samsung was
7
recovered from the console of the Mercedes, the white Mercedes,
8
on October 8, 2021.
9
BY MS. MURRAY:
10
Q.
11
recovered from the Samsung from the defendant's car?
12
A.
Yes.
13
Q.
Can you describe how you performed that extraction, what
14
type of extraction that was.
15
A.
16
to get a complete forensic extraction.
17
18
19
20
21
Special Agent Hezir, did you extract the contents that was
For that Samsung device, we -- in the vehicle, we were able
MS. MURRAY:
Ms. Loftus, can you please publish
Government Exhibit 631, which is in evidence.
And if you could zoom in on the content indicated here
in Device Information.
This is device information for the Samsung that was
22
recovered from the center console of the Mercedes.
23
with MSISDN, it's about halfway through the page here, it's
24
under Current SIM Operator, if you could highlight that field,
25
please, Ms. Loftus.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Starting
Case 1:21-cr-00746-MKV
MAS1ILO5
1
Document 98 Filed 11/18/22
Hezir - Direct
Page 116 of 203
About halfway down, under Current SIM Operator.
630
Just
2
a bit further.
3
Yeah.
4
please, MSISDN number.
5
BY MS. MURRAY:
6
Q.
7
number?
8
A.
9
Directory Number, which is really just kind of a long-winded
10
way of saying telephone number.
11
Q.
12
actually punch into your phone or dial if you wanted to reach
13
another phone?
14
A.
Yes, that's correct.
15
Q.
So one's phone number is in fact one's MSISDN device
16
number; is that correct?
17
A.
That's correct.
18
Q.
Now looking down this page, again, device information for
19
the Samsung that was recovered from the center console of the
20
Mercedes, near the bottom of the page, there's a bold entry,
21
"Last Known Use 9/23/2021."
22
A.
Yes.
23
Q.
And beneath that there's a different MSISDN number.
24
is that MSISDN number?
25
A.
And if you could highlight the next line,
First of all, Special Agent Hezir, what is an MSISDN
MSISDN stands for Mobile Station International Subscriber
And so an MSISDN number, is that the number that you would
Do you see that?
+1, which is the US country code, 929-381-9691.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
What
Case 1:21-cr-00746-MKV
MAS1ILO5
Document 98 Filed 11/18/22
Hezir - Direct
Page 117 of 203
631
1
Q.
And I should have asked you, if you could read the MSISDN
2
that's reflected in the middle of this page.
3
information for the Samsung.
4
A.
1 929-526-8254.
5
Q.
And then looking at the very bottom of this page, again,
6
device information for the Samsung recovered from the Mercedes,
7
there's a different last known MSISDN for August 4, 2020.
8
you read that, please.
9
A.
So for the device
+1 646-575-0642.
10
MS. MURRAY:
Ms. Loftus, could we try to publish
11
Government Exhibit 660-A again, if you're able to.
12
me.
Oh, excuse
Just for the witness and the Court and the parties.
13
If I may have just a moment, your Honor.
14
THE COURT:
Sure.
15
MS. MURRAY:
Thank you.
16
We just need a moment to retrieve the file, your
17
Can
Honor.
18
THE COURT:
Sure.
19
MS. MURRAY:
Thank you.
20
(Pause)
21
MS. MURRAY:
Thank you all for your patience.
22
just trying to find a workaround.
23
you this next exhibit.
We're
We want to be able to show
24
THE COURT:
Do you have it in the binders?
25
MS. MURRAY:
That's what we're looking for, yes, your
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
1
Page 118 of 203
632
Honor.
2
3
Document 98 Filed 11/18/22
Hezir - Direct
We'll come back to that.
I want to make sure that we
keep moving.
4
I'm going to ask one of my colleagues to try to figure
5
out how to get a hard copy of that document to court so we can
6
present it to the witness, the Court, and defense counsel, so
7
perhaps three hard copies, and then we can proceed on that
8
point.
9
In the meantime, Ms. Loftus, if we could please pull
10
up what's in evidence as Government Exhibit 395.
11
BY MS. MURRAY:
12
Q.
13
particular phone number.
14
Special Agent Hezir, this is a T-Mobile record for a
MS. MURRAY:
If we could zoom in on the top portion
15
down to Device Details.
16
Q.
17
that's associated with this particular account?
18
Device Details, a couple of rows down.
19
A.
929-381-9691.
20
Q.
And what is the listed subscriber and the date that the
21
subscriber was associated with this number?
22
A.
David Dilley, October 23, 2020.
23
Q.
And can you read the last four -- actually, thank you.
24
25
The end of Device Details.
Excuse me.
Looking at this, what is the phone number or MSISDN number
MS. MURRAY:
It's in the
And Ms. Loftus, if you could now please
publish Government Exhibit 114, which is in evidence, alongside
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
1
Document 98 Filed 11/18/22
Hezir - Direct
Page 119 of 203
633
Government Exhibit 395.
2
And if we could zoom in on the content on the left, on
3
the Chase account, on the top portion.
4
Q.
5
Special Agent Hezir?
6
A.
Yes.
7
Q.
What is it?
8
A.
David W. Dilley.
9
Q.
And that's Dilley with a D is the last name?
10
A.
Yes, that's correct.
11
Q.
What are the last four of the Social Security number
12
reflected on the top left?
13
A.
2503.
14
Q.
And the personal address that's listed here, do you see
15
that?
16
A.
Yes, I do.
17
Q.
Can you read that, please.
18
A.
84-19 256th Street, Floral Park, New York 11001.
19
Do you see the account title for this Chase account,
MS. MURRAY:
Ms. Loftus, if you could zoom out on the
20
Chase account and if we could just look on the right side under
21
Billing Details for that phone number we just looked at.
22
that's near the bottom portion.
23
Q.
What's the name on this particular phone number?
24
A.
David Gilly.
25
Q.
That's Gilly with a G; is that correct?
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
So
Case 1:21-cr-00746-MKV
MAS1ILO5
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Hezir - Direct
Page 120 of 203
1
A.
That's correct.
2
Q.
But does it reflect the same billing address that we just
3
saw as the address for the Chase signature card?
4
A.
Yes.
5
Q.
And for the Social Security number, does it reflect the
6
same last four, 2503, as we saw for the David Dilley Chase
7
signature card?
8
A.
Yes, that's correct.
9
10
634
MS. MURRAY:
Thank you, Ms. Loftus.
You can take that
down.
11
I'd like to review some additional data that was
12
retrieved from the Samsung that was recovered from the car at
13
the time of the defendant's arrest and the search of the
14
Mercedes.
15
Ms. Loftus, can you please pull up Government
16
Exhibit 632.
17
BY MS. MURRAY:
18
Q.
19
in 632, generally speaking?
20
of on the top left of that.
21
A.
This report reflects user accounts on the device.
22
Q.
And looking at this report, how many user accounts were
23
there in the Samsung phone?
24
A.
146.
25
Q.
Now turning to page 2, and focusing on user accounts
Special Agent Hezir, what type of information is reflected
It looks like there's a title kind
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
1
Document 98 Filed 11/18/22
Hezir - Direct
Page 121 of 203
635
numbered 15 through 18.
2
MS. MURRAY:
Ms. Loftus, we don't need to go all the
3
way to the right.
If we could just zoom in on those user
4
accounts.
5
Q.
6
was in the Mercedes?
7
A.
Yes, I do.
8
Q.
Can you just read the user name, please, for each of those
9
four.
10
A.
11
geraldebrown53@gmail.com; herttuajonathan1957@gmail.com.
Do you see those user accounts that are in the Samsung that
Wjamieson758@gmail.com; thomasjhockenberry@gmail.com;
12
MS. MURRAY:
And Ms. Loftus, if you could go further
13
down that same page, if we could zoom in on Entry No. 22,
14
please.
15
Q.
What is that user account?
16
A.
Geraldmhanson@gmail.com.
17
MS. MURRAY:
And now turning to page 4, if we could
18
zoom in on entry 37, please.
19
Q.
20
account.
21
A.
This appears to be a user name and password for a website.
22
Q.
What is the user name for this particular account?
23
A.
Herttua.
24
Q.
And looking at the service type or the particular website
25
that you mentioned, there's a kind of https which I understand
Now this isn't a simple email address for this user
Can you describe what we're looking at here, please.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
Document 98 Filed 11/18/22
Hezir - Direct
1
to be directing to a url.
2
here?
3
A.
Page 122 of 203
636
What is the url that's reflected
M.mtb.com.
4
MS. MURRAY:
Thank you, Ms. Loftus.
We can take that
5
down.
6
Q.
7
for subscriber information relating to various of the user
8
accounts that were reflected in Government Exhibit 633?
9
A.
Yes.
10
Q.
Did you conduct any analysis of that subscriber
11
information?
12
A.
Yes.
13
Q.
What kind of analysis did you conduct?
14
A.
It was record analysis.
Special Agent Hezir, have you reviewed records from Google
15
MS. MURRAY:
Ms. Loftus, can you please show the
16
witness only and the Court and defense what's been marked for
17
identification as Government Exhibit 730.
18
Q.
Special Agent Hezir, do you recognize this?
19
A.
Yes.
20
Q.
What is it?
21
A.
It's a document.
22
Q.
What type of information does this document reflect,
23
generally speaking?
24
A.
25
related to those specific accounts.
Generally speaking, it has Google accounts and information
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
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Hezir - Direct
Page 123 of 203
1
Q.
2
within voluminous records?
3
A.
Yes.
4
Q.
Is the chart accurate?
5
A.
Yes.
6
Q.
How do you know it's accurate?
7
A.
I went through it.
8
Q.
And did you go through it and compare the information
9
reflected in the chart with the information reflected on the
10
source documents that are cited by government exhibit in
11
column -- in the first column?
12
A.
13
14
Does this chart summarize certain information contained
Yes.
MS. MURRAY:
Your Honor, the government offers
Government Exhibit 730.
15
MR. BRILL:
No objection.
16
THE COURT:
It will be received into evidence as a
17
637
summary document.
18
(Government's Exhibit 730 received in evidence)
19
MS. MURRAY:
Ms. Loftus, can you please publish that
20
to the jury.
21
BY MS. MURRAY:
22
Q.
23
certain information from various Google subscriber records.
24
Looking at this summary chart, and particularly focusing on the
25
Created On date, what links, if any, do you see among certain
Now, Special Agent Hezir, Government Exhibit 730 reflects
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
Document 98 Filed 11/18/22
Hezir - Direct
1
of these Google accounts?
2
A.
3
same Created On Date.
4
MS. MURRAY:
Page 124 of 203
638
The number of accounts had the same or very close to the
So Ms. Loftus, focusing in particular, if
5
we could, on what's on the left, Government Exhibit 423 through
6
to Government Exhibit 425 and going all the way over through to
7
Created On Date.
8
Q.
9
there are five of these email accounts that were created
10
between September 11th and September 12th of 2020; is that
11
right?
12
A.
13
So looking at this, Special Agent Hezir, it appears that
That's correct.
MS. MURRAY:
You can zoom out on that, Ms. Loftus.
14
Q.
And again, Special Agent Hezir, this summary chart reflects
15
subscriber information for various of the accounts that were
16
user accounts in the Samsung device; is that correct?
17
A.
That's correct.
18
MS. MURRAY:
We could take that down, Ms. Loftus.
19
I'm going to try again with Government Exhibit 660-A,
20
please, your Honor.
21
THE COURT:
Okay.
22
MS. MURRAY:
So this is from the iPhone 11, the iPhone
23
11 that was recovered from the defendant's person.
24
not covered in the stipulation, so I'm going to show defense
25
counsel and then I'm going to show the witness.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
This was
Case 1:21-cr-00746-MKV
MAS1ILO5
1
2
Document 98 Filed 11/18/22
Hezir - Direct
been -THE COURT:
Can I look at it?
4
MS. MURRAY:
Yes, of course.
THE COURT:
might be easier.
8
9
Government
Exhibit 660-A.
6
7
639
Your Honor, I'm approaching the witness to show what's
3
5
Page 125 of 203
Okay.
screen.
10
That
Let me just take a quick look.
Give this one to the witness.
I'll look on the
Thank you.
MS. MURRAY:
11
BY MS. MURRAY:
12
Q.
13
Did you find it electronically?
Thank you, your Honor.
If you could take a look at this, please.
Do you recognize what's been marked for identification
14
as Government Exhibit 660-A?
15
A.
Yes, I do.
16
Q.
What is it, generally speaking?
17
A.
It's a forensic extraction report.
18
Q.
Did you create Government Exhibit 660-A using a particular
19
forensic tool?
20
A.
Yes, I did.
21
Q.
What tool?
22
A.
It was with Cellebrite Physical Analyzer.
23
Q.
Is that a tool you use in the course of your work to
24
extract electronic device contents?
25
A.
Cellebrite Physical Analyzer is used to review forensic
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
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Hezir - Direct
Page 126 of 203
640
1
extractions.
2
to extract the SIM card.
3
Q.
4
was extracted from the SIM card contained in the iPhone
5
11—-again, the iPhone 11 that was on the defendant at the time
6
of his arrest?
7
A.
8
9
In this case I used a Touch2 made by Cellebrite
Does Government Exhibit 660-A accurately reflect data that
Yes.
MS. MURRAY:
Your Honor, the government offers
Government Exhibit 660-A.
10
MR. BRILL:
No objection.
11
THE COURT:
It will be received.
12
(Government's Exhibit 660-A received in evidence)
13
MS. MURRAY:
14
Can we please publish page 2, Ms. Loftus.
15
to -- oh -- focus on the top portion, the summary.
16
BY MS. MURRAY:
17
Q.
18
examiner was for this particular SIM card?
19
A.
20
You may publish.
Thank you.
And I want
Special Agent Hezir, what does this reflect about who the
The examiner was me.
MS. MURRAY:
And Ms. Loftus, if you could go to the
21
next page, please, the bottom of page 3.
22
Q.
23
that's reflected there, in particular MSISDN1:MyNumber.
24
you read the MSISDN or calling number that was associated with
25
the SIM card in the iPhone 11?
There is -- in SIM data row 8, there's an MSISDN number
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Can
Case 1:21-cr-00746-MKV
MAS1ILO5
1
A.
+1 646-575-0642.
2
Q.
Thank you.
3
4
Document 98 Filed 11/18/22
Hezir - Direct
MS. MURRAY:
All right.
Page 127 of 203
641
Ms. Loftus, we can take that
down.
5
If we could go to Government Exhibit 633, please.
6
Give a moment to switch over the tech.
7
Q.
8
recovered from the Samsung.
9
can you see how many emails were in that Samsung device?
10
A.
820.
11
Q.
I want to go through just a few of these.
Special Agent Hezir, this reflects emails that were
12
MS. MURRAY:
13
page 14.
14
please.
15
Looking at the top left portion,
Ms. Loftus, can you please turn to
We're going to zoom in on entry 51 on that page,
That's enough.
Thank you.
Just to bottom of the
16
content.
17
Q.
Do you see the time stamp of this document?
18
A.
Yes.
19
Q.
Who is this from?
20
A.
It's from thomasjhockenberry@gmail.com.
21
Q.
And who is it to?
22
A.
Nsamuel@silver.silverstarny.com.
23
Q.
And then looking in the body of that email, Subject:
24
Requested Documents for Registration, I don't want you to read
25
the whole thing in, but can you just let us know, registration
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
1
Document 98 Filed 11/18/22
Hezir - Direct
Page 128 of 203
of what, according to that email?
2
THE COURT:
Can you make this a little larger?
3
MS. MURRAY:
Sure, yes.
4
THE COURT:
Thank you.
5
642
A.
This is the registration for a vehicle.
6
MS. MURRAY:
Ms. Loftus, if you could zoom out.
And
7
then if you could just enlarge what appear to be the thumbnails
8
of the attachments to this email.
9
Q.
10
right appear to be?
11
A.
Yes.
12
Q.
Without getting into obviously the very tiny font, if you
13
could just tell us what type of documents those attachments
14
appear to be.
15
A.
Are you able to determine what the two thumbnails on the
Appears to be image documents, images.
16
MS. MURRAY:
And Ms. Loftus, if we could zoom in on
17
the top right image document even more closely, and then the
18
one below it, just very closely so we can see what those are.
19
Q.
20
the image document on the top?
21
A.
Yes.
22
Q.
And what is it?
23
A.
It appears to be a Pennsylvania driver's license.
24
Q.
And generally speaking, what does the bottom image document
25
appear to be?
Are you able to determine from this what is reflected in
Again, not the words.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
1
A.
2
Document 98 Filed 11/18/22
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Page 129 of 203
643
Appears to be a payment card.
MS. MURRAY:
Ms. Loftus, if we could go to page 57 of
3
633, please.
4
Q.
5
was sent to -- the first email address—-excuse me—-that this
6
document, this email, was sent to.
7
A.
Wjamieson758@gmail.com.
8
Q.
And looking on the right, what's the subject line?
9
A.
Re: 123 Melrose APT: 417.
10
Q.
And looking at the left again, it looks like somebody else
11
was copied in the To line.
12
name, the next one after W. Jamieson?
13
A.
Rbateman@myspacenyc.com, and the name is Robert Bateman.
14
Q.
Now the next entry, 182, without reading the whole email
15
address but the -- kind of the line below the email address,
16
who is this from, this email?
17
A.
Schwab Alerts.
18
Q.
And who is it sent to?
19
A.
Herttuajonathan1957@gmail.com.
20
Q.
And again, these are emails that were in the Samsung
21
device, correct?
22
A.
23
I'd like to zoom in on entries 181 and 182.
And looking at these, just 181, can you tell us who this
What is that email address and
Correct.
MS. MURRAY:
And Ms. Loftus, can you please turn to
24
page 159 of Government Exhibit 633.
25
page 159, please.
And zoom in on entry --
And zoom in on entry 508, the bottom.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
Document 98 Filed 11/18/22
Hezir - Direct
Page 130 of 203
1
Q.
Looking at this, who is this sent from and to, please?
2
A.
Sent from wjamieson758@gmail.com with the name William
3
Jamieson, and sent to rbateman@myspacenyc.com with the name
4
Robert Bateman.
5
Q.
6
content but the subject, what is the subject?
7
A.
And just looking at the subject of the email, not the
Re: Rental Papers.
8
9
644
MS. MURRAY:
We can take this down.
Thank you,
Ms. Loftus.
10
Can we please pull up now Government Exhibit 636.
11
Q.
Now, Special Agent Hezir, this is the full email that we
12
just saw reflected on the extraction summary.
13
extracted from the contents of the Samsung.
14
MS. MURRAY:
It was also
If we could close out of that error box.
15
Thank you.
16
Q.
17
information we just looked at?
18
A.
Yes.
19
Q.
The way that the emails are categorized in the extraction
20
report we were just looking at with all of the entries, is that
21
just a summary of then the source emails, like this particular
22
email?
23
A.
24
25
Do you see that this email reflects the same general
Yes, that's correct.
MS. MURRAY:
We can take that down.
Thank you,
Ms. Loftus.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
1
2
Document 98 Filed 11/18/22
Hezir - Direct
Page 131 of 203
645
And I'd like to publish Government Exhibit 609,
page 17.
3
If we could zoom in on the bottom half of the page.
4
Q.
These are internet sessions for the iMac we had looked at
5
previously.
6
very end, after Safari, which we understand to be a browser?
7
A.
8
Safari, as you mentioned, the recently closed tabs list file.
9
Q.
And the title for this particular internet session?
10
A.
It's (no subject)-wjamieson758@gmail.com-gmail.
The path is under the dfinebydayoilori, user profile under
11
12
For this internet session, what is the path at the
MS. MURRAY:
Ms. Loftus, you can take that down.
I'd like to pull up please, Government Exhibit 677.
13
The parties have stipulated and agreed that the
14
Motorola that's depicted in Government Exhibit 677 was
15
recovered from apartment 1805—-that's the Purves Street
16
apartment, 44-41 Purves Street—-on October 7, 2021.
17
BY MS. MURRAY:
18
Q.
19
reflected in Government Exhibit 677?
20
A.
Yes.
21
Q.
And what type of review was that, a forensic review or
22
manual review, if you recall?
23
A.
24
25
And
Did law enforcement conduct a review of the Motorola
I don't recall.
MS. MURRAY:
Exhibit 678.
Ms. Loftus, can we publish Government
This is, again, in evidence, as stipulated by the
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
Document 98 Filed 11/18/22
Hezir - Direct
Page 132 of 203
646
1
parties, as certain contents of that Motorola device.
2
Q.
Special Agent Hezir, do you recognize this?
3
A.
Yes.
4
Q.
Does this appear to be some of the contents of the Motorola
5
we just looked at?
6
A.
Yes, it does.
7
Q.
And based on your viewing this particular government
8
exhibit, which is in evidence, do you have a recollection of
9
what type of review was conducted on that Motorola?
10
A.
Yes, I do.
11
Q.
What kind?
12
A.
This is a manual review.
13
Q.
Now looking at this, are you able to determine which of the
14
chats that appear in this photo are associated with the user of
15
this particular phone, this Motorola, like which side of the
16
bubbles are associated with the user?
17
A.
Sure, yes, I do.
18
Q.
Which ones are associated with the user of the phone?
19
A.
The user of this device will be in the green-colored
20
bubbles on the right-hand side.
21
Q.
22
the device; is that correct?
23
A.
That's correct.
24
Q.
And the bubbles originating from the left are the
25
counterparty to the conversation?
So the bubbles originating from the right are the user of
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
Document 98 Filed 11/18/22
Hezir - Direct
Page 133 of 203
647
1
A.
Yes, that's correct.
2
Q.
And looking at the top here -- if we could zoom in, please,
3
Ms. Loftus -- what is the title for the counterparty to this
4
particular conversation?
5
A.
6
Dee.
MS. MURRAY:
Ms. Loftus, if you could please zoom out
7
and go to page 2 of Government Exhibit 678, and zoom in on --
8
from the top portion Dee through to the bottom of that first
9
photo that's sent.
10
Q.
11
was sent by the user of the Motorola device that was recovered
12
from apartment 1805?
13
A.
I do, yes.
14
Q.
How do you recognize him?
15
A.
I recognize him as Chris Recamier.
16
Q.
And how do you recognize him as Chris Recamier?
17
A.
After we executed the search warrant on the apartment, we
18
identified that individual who was in the apartment at the time
19
and he identified himself as Chris Recamier.
20
Q.
21
apartment 1805 Motorola, does it appear that Chris Recamier --
22
or, excuse me -- that the user of the Motorola sent a photo of
23
Chris Recamier to the counterparty who's in the phone as Dee?
24
A.
Yes, that's correct.
25
Q.
I want to return to the Samsung now that was recovered from
Do you recognize the individual in this photograph which
And based on this particular photo of messages from the
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
1
Page 134 of 203
648
the Mercedes the defendant was in on October 8, 2021.
2
3
Document 98 Filed 11/18/22
Hezir - Direct
MS. MURRAY:
And your Honor, at this point we are
going to be getting into the issue that Mr. Brill had raised.
4
Ms. Loftus, can you please show the witness, the
5
Court, and defense counsel what has been marked for
6
identification as Government Exhibit 638.
7
BY MS. MURRAY:
8
Q.
Special Agent Hezir, do you recognize this?
9
MS. MURRAY:
If we could zoom in, Ms. Loftus, on kind
10
of the top portion through the first -- yeah.
Thank you.
11
A.
Yes.
12
Q.
Does this appear to be a certain -- an extraction of a
13
certain chat conversation that was on the Samsung device that
14
was recovered from the Mercedes?
15
A.
Yes.
16
Q.
So looking at this, are you able to determine which color
17
the chat bubbles are for the user of the Samsung device?
18
A.
Yes.
19
Q.
And what is listed as the name of the user for this
20
particular conversation?
21
A.
In this conversation, it's Jonathan.
22
Q.
Is there any other information associated with that?
23
A.
There appears to be some kind of an account number for that
24
user.
25
Q.
For the name Jonathan itself, though, as it appears on this
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
Document 98 Filed 11/18/22
Hezir - Direct
Page 135 of 203
1
participant's log, what does it say?
2
A.
Jonathan (Owner).
3
Q.
The counterparty, the other participants of the
4
conversation, who is the nonuser of the Samsung?
5
A.
It's listed as him with a different account number.
6
Q.
Looking at the path line below the first message here --
7
MS. MURRAY:
And Ms. Loftus, if you could zoom in on
8
that, please.
9
Q.
10
messaging application these messages come from?
11
A.
Yes.
12
Q.
And which messaging app does it come from?
13
A.
Telegram.
14
Q.
Are you familiar with Telegram?
15
A.
Yes.
16
Q.
What is it?
17
A.
Telegram is a messaging application that basically sends
18
messages in encrypted format.
19
MS. MURRAY:
You see source info?
Are you able to determine what
Ms. Loftus, can you please turn to
20
page 66 of Government Exhibit 638.
21
the witness, the parties, and the Court at this point.
22
649
And again, this is just for
If you could highlight the first blue message on that
23
page.
24
Q.
Do you see that, Special Agent Hezir?
25
A.
Yes, I do.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
1
MS. MURRAY:
Document 98 Filed 11/18/22
Hezir - Direct
Page 136 of 203
650
And Ms. Loftus, if you could now please
2
do a side-by-side for the witness, the Court, and defense, for
3
now, of Government Exhibit 638, page 66 on one side and
4
Government Exhibit 678, page 1 on the other side.
5
Q.
6
message we just highlighted reflected as being sent by the user
7
of the Motorola that was recovered from 1805?
8
A.
Yes.
9
Q.
And looking at the other messages kind of before and after
10
that, do you see that the messages are the apparent mirror
11
images of one another between the two devices, the Samsung and
12
the Motorola?
13
A.
Yes.
14
Q.
And again, the Samsung was recovered from the Mercedes when
15
the defendant was arrested, and the Motorola was recovered from
16
apartment 1805 the day before when Chris Recamier was arrested;
17
is that right?
18
A.
19
20
Now looking at 678 on the right, do you see that same
That's correct.
MS. MURRAY:
Your Honor, at this point the government
would offer Government Exhibit 638 into evidence.
21
THE COURT:
The entirety?
22
MS. MURRAY:
Yes, your Honor.
23
MR. BRILL:
Objection, your Honor.
24
THE COURT:
And is it the objection that we discussed
25
in connection with motion practice?
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
Document 98 Filed 11/18/22
Hezir - Direct
Page 137 of 203
1
MR. BRILL:
2
prong of that test.
3
THE COURT:
That's overruled.
4
MS. MURRAY:
Thank you, your Honor.
5
(Government's Exhibit 638 received in evidence)
6
MS. MURRAY:
7
651
Yes, your Honor; particularly the third
All right.
It's received.
And so Ms. Loftus, if you
could now --
8
THE COURT:
Hold on.
9
I just want to be clear, when you say the third prong,
10
you're talking in furtherance.
11
MR. BRILL:
Yes, your Honor.
12
THE COURT:
Overruled.
13
MS. MURRAY:
Thank you, your Honor.
14
Ms. Loftus, if you could now please publish this side
15
16
by side for the jury.
And just for the jury, on the left you see Government
17
Exhibit 638.
18
the Samsung that was in the white Mercedes when the defendant
19
was arrested.
20
image from a Motorola that was recovered from apartment 1805 on
21
October 7, 2021, the night before the defendant was arrested,
22
and that was when Chris Recamier was arrested.
23
at these -- and Ms. Loftus, if you could please zoom in now on
24
the left side on the first blue message.
25
This is a page from a Telegram chat message from
And Government Exhibit 678 on the right is an
So if you look
And pull it up so we can see.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
Document 98 Filed 11/18/22
Hezir - Direct
Page 138 of 203
652
1
BY MS. MURRAY:
2
Q.
3
now explain what we're seeing here in the blue image from the
4
Samsung versus the green image from the Motorola.
5
A.
6
one side is in this case him -- sorry.
7
basically depicts the -- the same message on both sides of the
8
conversation.
9
Q.
10
if anything, are you able to determine about the relationship
11
between these two phones?
12
A.
These two phones are both used in the same conversation.
13
Q.
So is it accurate to say that they're communicating with
14
each other with these messages that we're seeing?
15
A.
So Special Agent Hezir, again, can you please for the jury
We're seeing the same image -- or the image depicts that
Yes, that's correct.
MS. MURRAY:
All right.
Ms. Loftus, you can take down
those two.
18
And I'd like to turn back now and focus on the
19
Samsung.
20
through a couple of the particular chats in this Telegram
21
conversation.
22
messages in this conversation.
23
This
So based on your review of these particular messages, what,
16
17
Let me step back.
This is Government Exhibit 638.
I'd like to go
As you can see on the top, there are 842
I just want to go over a few.
On page 5, please, Ms. Loftus, if we could please zoom
24
in on the second blue message until the green message.
25
BY MS. MURRAY:
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
Document 98 Filed 11/18/22
Hezir - Direct
Page 139 of 203
653
1
Q.
2
every time, but just for the initial framing, as a reminder,
3
the green messages are being sent by the user of the Samsung
4
that was in the white Mercedes, the blue messages are being
5
sent by the other side of the conversation which we've seen is
6
the user of the Motorola that was in apartment 1805.
7
ease, what does blue say?
8
A.
9
companies for the IRS."
10
Q.
And then what does green, the user of the Samsung, respond?
11
A.
"I will send it tonight."
12
13
And Special Agent Hezir, I'm not going to kind of say this
So for
"If you have it ready, would you please send me the list of
MS. MURRAY:
If we could go to page 14, please,
Ms. Loftus.
14
And looking at this, if we could focus in on the blue
15
message here, from the 1805 Motorola.
16
Q.
What does this say?
17
A.
"Unless we bring work up there's no way to bring someone
18
else on board.
19
making and they wouldn't like the answer."
20
The first question would be how much money am I
MS. MURRAY:
And then going to the next page, if we
21
could look at the top blue message, please.
22
Q.
What does that say, again, from the Motorola user?
23
A.
"A lot of people have chase in PA."
24
25
MS. MURRAY:
Ms. Loftus, if we could go to page 7,
back to page 7 of this exhibit, please.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
1
Document 98 Filed 11/18/22
Hezir - Direct
Page 140 of 203
654
I want to focus on the first blue message and then the
2
green response -- or excuse me -- the third blue message and
3
then the green response.
4
Q.
5
that was in the white Mercedes.
6
A.
7
the Appserd site to be used as app C.
8
any time.
9
mturnerapp.wixsite.com/mulaappscorp."
10
Q.
And then on the right, what does the Samsung user respond?
11
A.
"Cool."
So this is a message from blue or Motorola to the Samsung
"Good morning.
12
13
Can you read blue, please.
Since we haven't used it yet, I will set
It's ready to go online
If you want to take a look at it, go to
MS. MURRAY:
If we could go to page 22, please,
Ms. Loftus.
14
Focusing on the first blue message until the first
15
green message.
16
Q.
17
message.
18
Hezir, generally speaking, what does this message appear to
19
reflect?
20
A.
21
Social Security numbers.
22
Q.
23
indicated after each name as, in your estimation, Social
24
Security numbers?
25
A.
So 1805 Motorola, the Chris Recamier phone, sends this
Without reading this in its entirety, Special Agent
This message appears to reflect individuals' names and
Why, if at all, did you describe those numbers that are
Based on my training and experience, Social Security
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
Document 98 Filed 11/18/22
Hezir - Direct
Page 141 of 203
1
numbers typically start with three digits, a hyphen, two
2
digits, a hyphen, and then four digits following.
3
Q.
4
response from the user of the Samsung, what does that read?
5
A.
I'm sorry.
6
Q.
Yeah, the green.
7
A.
"Do we need the credit card for payment at M&T?"
And so looking at the first green message here, the
8
9
The response from the Samsung?
MS. MURRAY:
If you could read green in.
And then Ms. Loftus, the next page,
please, page 23.
10
If we could go from first green down through third
11
green.
12
Q.
13
blue is 1805, Recamier phone.
14
A.
15
lady ask you for your card for payment?"
16
Q.
And what does blue say?
17
A.
"She has the number.
18
Q.
And then what does green respond?
19
A.
"Because I don't have the card and ID."
20
Q.
And then?
21
A.
"So we are good?"
So this is -- again, green is Samsung user, white Mercedes;
What does green ask?
"Does the lady ask you for credit --" excuse me.
"Does the
She doesn't need it."
22
MS. MURRAY:
23
A few more here.
24
Going to page 52 of 638, please.
25
655
If you can zoom out.
Thanks, Ms. Loftus.
I want to focus on
the big blue message, please.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
Document 98 Filed 11/18/22
Hezir - Direct
This is sent from Motorola to Samsung.
Page 142 of 203
656
1
Q.
2
Agent Hezir, you don't need to read this in its entirety.
3
you could just tell us again what generally each of these kind
4
of blocks of text appear to reflect.
5
A.
6
Social Security numbers, and dates of birth.
7
Q.
8
with, "No DOB"?
9
A.
10
the time I checked."
11
Q.
12
starting with, "All those," can you read that, please.
13
A.
14
exception of Rodney W. Werner, who already has a Chase credit
15
card."
What about the second entry on the fifth line that starts
Can you read that, please.
"No DOB, already has a Chase credit card but no account by
And then looking at the bottom, after these blocks of text,
"All those are good for Chase, Citibank and HSBC with the
MS. MURRAY:
Ms. Loftus, can we please go to page 57
of 638.
18
I want to focus on first blue into the first green, or
19
the next green.
20
Q.
21
blue, which is 1805 Motorola.
22
A.
23
activate the card."
24
Q.
25
If
Generally they reflect individuals' names, addresses,
16
17
Again, Special
Excuse me.
Those two.
So can you please read those two messages, starting with
"Good morning.
I need the info for Mark DOB and social to
And then what does green respond?
MS. MURRAY:
Thank you.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
Document 98 Filed 11/18/22
Hezir - Direct
Page 143 of 203
1
A.
"We need to meet."
2
Q.
Do you have any understanding of what DOB means?
3
A.
Yes.
4
Q.
What is that understanding, based on your training and
5
experience?
6
A.
Date of birth.
7
8
MS. MURRAY:
Now if we could go to page 61, please,
Ms. Loftus.
9
I want to focus on the second blue message and the
10
third blue message.
11
Q.
12
photo.
13
you read that, please.
14
A.
15
A-P-P-A-R-T-M-E-N-T-S -- in LIC, one bedroom for 3200, two
16
bedrooms for 4075, both with two months free."
17
Q.
What is the date of this message?
18
A.
It's April 12, 2021.
So these are sent from the Motorola that had the Recamier
Starting with the second line of this blue message, can
"I went to see a couple apart -- it's misspelled,
19
20
657
MS. MURRAY:
And then if we could zoom out, please,
Ms. Loftus.
21
And go to the next page, please.
And zoom in on the
22
first four messages, three blue, one green.
23
Q.
Can you please read just the first blue message for now.
24
A.
"No background check B's, just one month deposit and we're
25
good.
It's a new building, washer-dryer in the APPT, gym and
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
1
roof access."
2
Q.
3
green respond?
4
A.
Page 144 of 203
Again, Samsung, what does Samsung respond?
"Cool."
MS. MURRAY:
Ms. Loftus.
7
And if you could zoom out, please,
I'd like to go to page 71.
The third blue, can you please zoom in on that
8
message.
9
Q.
10
Samsung, on April 13, 2021.
11
address, not the apartment but the street address that's
12
indicated in this message?
13
A.
44-41 Purves Street.
14
Q.
And then the apartment, what's the apartment number?
15
A.
Number is 708.
16
Q.
And does there appear to be a link to a certain url?
17
A.
Yes.
18
Q.
After building, what is the name of that building in that
19
url?
20
A.
21
658
And then after two additional follow-on messages, what does
5
6
Document 98 Filed 11/18/22
Hezir - Direct
This is a message sent from blue, Motorola, to green,
What is the address, street
Halo-LIC.
MS. MURRAY:
If we could go to page 72, please,
22
Ms. Loftus.
From the third blue to the bottom of the page.
23
Q.
Can you read the blue message, please.
24
A.
"Can you send me the info for Mark."
25
Q.
What does the user of the Samsung respond?
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
1
A.
"Ok."
2
Q.
And then?
3
A.
"In a few."
4
MS. MURRAY:
Document 98 Filed 11/18/22
Hezir - Direct
The first blue message on that page, please.
6
Q.
What does that read?
7
A.
Heffron.
9
MS. MURRAY:
And if we could zoom out and go to
page 73, the next page.
10
659
If we could zoom out again, Ms. Loftus.
5
8
Page 145 of 203
Just scroll down.
Green through to the next green message, please.
11
Q.
So what does the Samsung user respond?
12
A.
"What the full name."
13
Q.
And then the next two messages, which are from the Motorola
14
user?
15
A.
"K.
16
Q.
And then on the right, what does the Samsung user respond?
17
A.
"04/04/1957, XX-XXX-XXXX."
18
Q.
Based on your training and experience, what, if anything,
19
do you understand that first set of numbers, the first line of
20
numbers in that last screen message to reflect?
21
A.
I believe that reflects a date of birth.
22
Q.
And what about the next line?
23
A.
Social Security number.
24
25
Mark Heffron."
MS. MURRAY:
Ms. Loftus.
If we could go to page 97, please,
I'd look to -- zoom in on the first -- excuse
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
Document 98 Filed 11/18/22
Hezir - Direct
Page 146 of 203
660
1
me -- the last full message from the Motorola user.
2
Q.
3
speaking, what information is reflected in this message which
4
was sent to the user of the Samsung?
5
A.
These look like names of individuals.
6
Q.
Looking at the first line of this, which is text, can you
7
read that, please.
8
A.
"Those are good for all three."
9
Q.
And then what are the first two names listed here, just as
10
an example?
11
A.
I don't need you to read all of these, but generally
Thomas J. Hockenberry, Gerald E. Brown.
12
13
MS. MURRAY:
Ms. Loftus.
14
If we could go to the next page, please,
Thank you.
And let's zoom in first on the first blue message.
15
Q.
Can you read that, please.
16
A.
"As mentioned earlier, the other are not good with at least
17
one or more.
I'll check if I find more."
18
MS. MURRAY:
And zoom out.
19
Go to the largest blue message at the bottom of the
20
page.
21
Q.
22
company names in, but if you could just read the first line of
23
that blue message on the left.
24
A.
"Checked with C and CT."
25
Q.
And then the next block of text, if you could read what
We don't need to read these what appear to be names or
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
Document 98 Filed 11/18/22
Hezir - Direct
Page 147 of 203
1
that says on the first line.
2
A.
"Good with C."
3
Q.
And then looking down, that same day, at 1:54 p.m., what
4
does the green message indicate?
5
Samsung.
6
A.
That's the user of the
What does the Samsung respond?
"How many business do you have all together?"
7
8
MS. MURRAY:
Could you go to page -- the next page,
please, 99.
9
So from the first green message on this page through
10
to the second green message on the page, please.
11
Q.
12
user of the Motorola.
13
A.
14
ready."
15
Q.
16
read all three of those.
17
A.
18
should I be ready?"
19
Q.
And what does green respond, the Samsung?
20
A.
"1 pm."
So can you read what the user of the Samsung sends to the
"We are working tomorrow so shave, look good, and be
And what does the user of the Motorola respond?
"Seven are good with C, CT, and H.
21
22
661
MS. MURRAY:
I will.
You can
What time
Ms. Loftus, could we go to page 108,
please.
23
Can you please zoom in on just the first message --
24
excuse me -- the first two messages, which are from Motorola to
25
Samsung.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
Document 98 Filed 11/18/22
Hezir - Direct
1
Q.
2
in, please, the first blue message.
3
A.
4
(it can't be birthday or social)."
"John57herttua.....user id pw......born 1957, debit....1901
MS. MURRAY:
And Ms. Loftus, could we go to page 20,
please.
7
8
Looking at this page, I want to start with the third
blue message, please.
9
And then go through the green message.
10
Q.
11
Samsung.
12
A.
13
where's the cap and the dash, thx."
14
Q.
And then?
15
A.
"I'll start double-checking mm...."
16
Q.
And what does the Samsung respond?
17
A.
"It's on the phone with Madeiras."
18
662
Generally speaking -- actually, could you read that message
5
6
Page 148 of 203
So the first blue message is from the Motorola to the
Can you read that, please.
"I need the password to enter Jonathan.
I'm not sure
(Continued on next page)
19
20
21
22
23
24
25
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
1
2
MS. MURRAY:
Document 98 Filed 11/18/22
Hezir - Direct
Page 149 of 203
And, Ms. Loftus, if we could zoom out.
I'd like to go to the next page, please.
3
Going from the first green message down to the third
4
green message.
5
Q.
Can you please read those first two?
6
A.
Actually, don't worry about Jonathan.
7
myself.
8
Q.
And then what does blue or Motorola respond?
9
A.
Actually, I can also check straight from the file on the
10
computer.
11
Q.
And how does the Samsung respond?
12
A.
Cool.
13
14
So the Samsung sends these green messages.
I will check it
It'll be easier to read.
MS. MURRAY:
You can take that down.
Thank you,
Ms. Loftus.
15
Your Honor, I would like to focus on another of the
16
subjects Mr. Brill had mentioned.
17
witness, the Court, and the parties what's been marked for
18
identification as Government Exhibit 639, please.
19
Q.
20
speaking?
21
A.
Yes.
22
Q.
Is this another Telegram conversation that was extracted
23
from the Samsung?
24
A.
25
I'd like to put up for the
Special Agent Hezir, do you recognize this?
Generally
Yes.
MS. MURRAY:
Ms. Loftus, can we zoom in on the
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
663
Case 1:21-cr-00746-MKV
MAS1ILO5
Document 98 Filed 11/18/22
Hezir - Direct
Page 150 of 203
664
1
participants here, please, who are listed.
2
Q.
3
conversation.
4
A.
Teddy Riley and Jonathan.
5
Q.
And is that Jonathan (owner)?
6
A.
Yes.
7
Q.
Here again does that reflect that the same Telegram user is
8
having these Telegram conversations from the Samsung as the
9
chat thread we just looked at?
10
A.
Not the numbers, but the names of the participants to this
Yes.
11
MS. MURRAY:
You can zoom out on that, please,
12
Ms. Loftus.
13
Q.
14
counter-party to this conversation refer to the user of the
15
Samsung?
16
A.
17
18
So if we could look at the first blue message, how does the
It refers to him as D.
MS. MURRAY:
And if we could go to page 26, bottom two
messages, into the top of page 27, please.
19
Yeah.
Through to the green message.
20
are from the user of the Samsung.
21
Q.
22
23
Can you read the two green messages, please?
THE COURT:
You can't read these in the record.
They're not in evidence.
24
25
So the greens
MS. MURRAY:
Q.
Apologies, your Honor.
I meant can you read with your eyes the first two messages,
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
Document 98 Filed 11/18/22
Hezir - Direct
1
please.
2
A.
Sure.
3
Q.
Great.
4
A.
Okay.
5
Q.
And then the green response.
6
A.
Okay.
7
Page 151 of 203
And then the blue response.
MS. MURRAY:
And then if we could go to page 44,
8
please.
9
Q.
10
you could please read those.
11
finished.
Focusing on the top three messages, again not aloud, but if
And just look up when you're
12
Based on your training and experience and your
13
involvement in assisting with this investigation, what
14
understanding, if any, do you have about what these messages
15
you just read from this Telegraph conversation relate to in
16
general?
17
A.
18
19
21
In general, it appears to be some kind of identity theft.
MS. MURRAY:
Your Honor, the government offers
Government Exhibit 639.
20
MR. BRILL:
Objection, Your Honor.
Could I have a
brief voir dire to clarify something?
22
665
THE COURT:
Sure.
23
VOIR DIRE EXAMINATION
24
BY MR. BRILL:
25
Q.
Hello, sir.
SOUTHERN DISTRICT REPORTERS, P.C.
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1
A.
Hello.
2
Q.
It might just be easier if I hand you up the paper exhibits
3
just for this purpose.
4
638 and 639.
5
6
THE COURT:
I'm just going to hand you my copies of
Do you not have a binder for the witness
with these?
7
MS. MURRAY:
We do, Your Honor.
8
THE COURT:
Yes.
9
it without a copy.
10
MR. BRILL:
11
THE WITNESS:
12
THE COURT:
Thank you.
13
MR. BRILL:
And Ms. Loftus, just so the jury can see
It's going to be hard for you to do
Thank you, your Honor.
Thank you.
14
part of what I'm talking about, you can put up page 638, at the
15
top.
16
Q.
17
know when you're there.
18
A.
Sure.
19
Q.
There's a conversation between someone identified as "him"
20
and someone identified as "Jonathan (owner)" correct?
21
A.
That's correct.
22
Q.
Okay.
23
is the Samsung and which one is the Motorola?
24
A.
25
particular device, and the "him" is going to be the Motorola.
All right.
So at the top of Government Exhibit 638, let me
Go ahead.
Which one of those, based only your prior testimony,
The Samsung is going to be Jonathan, the user of this
SOUTHERN DISTRICT REPORTERS, P.C.
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1
Q.
2
evidence, is between the Samsung -- let me know when you get to
3
it.
4
A.
Yeah.
5
Q.
The Samsung and somebody I believe you identified as Teddy
6
Riley, correct?
7
A.
8
that.
9
Q.
10
And the conversation with regard to 639, which is not in
I'm there.
At least that's the name that's there?
That's the name that's here.
All right.
I'm not sure I testified to
So I just wanted to clarify that.
MR. BRILL:
Your Honor, based upon the evidence to
11
this point, I would offer an objection with regard to the
12
second prong.
13
THE COURT:
On 639.
14
MR. BRILL:
On 639, your Honor.
15
THE COURT:
Counsel?
16
MS. MURRAY:
If I may have just a moment to look
17
specifically at the second prong based on the Court's Order.
18
THE COURT:
Timing.
Correct?
19
MR. BRILL:
Who the people are.
20
THE COURT:
Okay.
21
MS. MURRAY:
Your Honor -- your Honor, I'm happy to
22
give a few more examples before we offer it into evidence, and
23
then I would propose for the sake of time that we then just
24
advise the jury that the record reflects what we looked at, so
25
we don't have to re-put up the specific pages and examples if
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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it is in fact admitted into evidence.
2
THE COURT:
3
to talk to you at sidebar.
4
Page 154 of 203
Well, you'd have to extract it.
(Continued on next page)
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
I'd like
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1
(At sidebar)
2
THE COURT:
Are you offering it for the truth?
3
MS. MURRAY:
We're offering co-conspirator statements
4
in furtherance of the conspiracy.
5
haven't indicated who the message is between, but we've
6
indicated the phone the messages are through.
7
THE COURT:
I get that.
These are messages -- we
My question is different,
8
though.
9
for the truth of the matter asserted.
10
11
MS. MURRAY:
No.
We're offering it as co-conspirator
communications.
12
13
We only have a hearsay problem if you're offering it
THE COURT:
Just for the fact these communications
took place?
14
MS. MURRAY:
That's correct.
And the information
15
reflected in the communications' not for the truth of it, just
16
for the conversation, the relationship between the
17
conspirators.
18
MR. BRILL:
Your Honor, frankly, I take your point of
19
course, but given the volume of the conversation, I think that
20
there's an inherently very large risk of prejudice.
21
to go through each of the other person's -- the unidentified
22
person's statements, statement by statement, to make a
23
prejudice analysis.
24
THE COURT:
25
point.
We'd have
I would think that under -Yes.
I think that is true.
It is a fair
And, frankly, with regard to even 638, which I have
SOUTHERN DISTRICT REPORTERS, P.C.
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1
admitted, you picked out certain select portions, I certainly
2
didn't have the opportunity to review the whole entirety of it
3
to be sure, although they did come from where they came from.
4
I don't need to make a record on that, but this one, I don't
5
have enough to say if this comes in.
6
MS. MURRAY:
I'm happy to bring in additional
7
messages.
8
conversation, so even though they are individual messages,
9
similar with 639 --
10
THE COURT:
Okay.
11
MS. MURRAY:
It's a single chat conversation between
12
I would note that 638, for example, is a single chat
two participants.
13
THE COURT:
That's fine, but I don't know who this
14
person is, and you certainly haven't put in anything to
15
establish, even assuming your theory that the one phone was in
16
the possession of or belonged to or is Mr. Ilori's, I don't
17
know who this other person is.
18
this other person.
19
conspiracy between Mr. Ilori and this other person.
20
The dates also seem out of wack.
We've had no evidence about
So I don't know anything about a supposed
21
you about the dates.
22
this is outside the time frame, isn't it?
23
MS. MURRAY:
24
communications.
25
--
That's why I asked
So, you know, your alleged conspiracy,
No, your Honor, not further in the
Again, this is a single conversation, so I'm
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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THE COURT:
A single conversations that went on for
3
MS. MURRAY:
Yes.
4
THE COURT:
Ah.
5
MS. MURRAY:
So it's like having a text message chain.
6
THE COURT:
So it's a chain.
7
But the part you point to long predates your
2
months?
8
allegations of the conspiracy.
9
MS. MURRAY:
Okay.
I'm happy to point to the part that is
10
well within the conspiracy, and, in fact, on the exact topics
11
we've discussed so far.
12
Honor, I'm trying to get through this expeditiously.
I would just note one point, and, your
13
THE COURT:
I get that.
14
MS. MURRAY:
My point is we had marked this and
15
provided it to Mr. Brill in July, frankly, before our trial
16
date, and there was no suggestion or proposal of redacting any
17
portion of this chain --
18
THE COURT:
I get it.
19
MS. MURRAY:
--
20
THE COURT:
I get it, but I have to say, honestly, I'm
on the basis of the objection.
21
sitting up here thinking I got this in limine motion that you
22
should be allowed to admit statements among co-conspirators,
23
and normally, in all the years I practiced, when you make an in
24
limine motion, you point the Court to specific evidence.
25
then I could have looked at this and we wouldn't be having this
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
And
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1
problem about what is it we are fighting about, which is why I
2
reserved the ruling on it, because I didn't know what we were
3
talking about.
4
MS. MURRAY:
I understand.
5
MR. BRILL:
And, your Honor, I would raise the other
6
issue about whether these would be separate conspiracies, so it
7
wouldn't be in furtherance of this conspiracy.
8
9
THE COURT:
I don't know.
I think the indictment
alleges that there was more than two co-conspirators.
10
MR. BRILL:
Right, but within one conspiracy.
11
THE COURT:
Yes.
12
MR. BRILL:
So the government would have to establish
13
Correct.
this was part of that conspiracy, not a separate conspiracy.
14
THE COURT:
I know.
I understand.
Correct.
15
MS. MURRAY:
I'm happy to point the witness and
16
parties to a particular message unless, again, this chain that
17
is directly on point of the conspiracy we're discussing --
18
THE COURT:
All right.
You can do that, but I'm
19
telling you now it may well be that the best you're going to
20
get out of this is I say this portion is admissible and all the
21
rest of it isn't.
22
MS. MURRAY:
Understood.
I think there are two or
23
three portions that there is no question in the government's
24
mind are directly on topic.
25
THE COURT:
Do you want to show those to Mr. Brill.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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MS. MURRAY:
Yes.
2
THE COURT:
And maybe we can short circuit all this.
3
MS. MURRAY:
Yes.
4
THE COURT:
And while we're here, we ought to have a
5
673
conversation on timing, because it's after 4:00.
6
MS. MURRAY:
So this slowed the government's
7
questioning of this witness.
8
specific instances I'm pointing to in particular since I
9
anticipate these --
10
THE COURT:
I can further slim down the
No, I'm not telling you you have to do
11
that.
12
the problem we had this morning, which was not of your making.
13
And this issue with respect to these documents was not of your
14
making.
15
You have a right to put your case on.
And we did have
So I'm not in any way faulting you on this.
I'm just trying to get a sense is it any longer
16
realistic to say to this jury we're going to complete evidence
17
today.
Keep in mind Mr. Brill has a right to cross.
18
MS. MURRAY:
Understood.
19
THE COURT:
Are you anticipating cross?
20
MR. BRILL:
My cross is not going to be extensive.
21
THE COURT:
It's not.
22
MS. MURRAY:
I think if Mr. Brill can have a moment or
23
two to work through this issue, and if the jury is willing to
24
stay a few minutes, then, your Honor, I do think we can
25
complete the evidence today.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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MAS1ILO5
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MR. BRILL:
Document 98 Filed 11/18/22
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Page 160 of 203
Completion of the evidence of course
2
requires at some point the jury to exit so you can inquire of
3
Mr. Ilori his intention.
4
THE COURT:
Correct.
5
MR. BRILL:
That's a whole separate issue.
6
MS. MURRAY:
The government will rest if you're
Yes.
7
willing to stay until 5:00, assuming we can work through this
8
issue.
9
THE COURT:
Do you want the weekend?
10
MR. BRILL:
To cross?
11
THE COURT:
No.
12
MR. BRILL:
I just --
13
THE COURT:
It's okay.
14
We can revisit it.
15
MR. BRILL:
That might be better.
16
THE COURT:
All right.
17
MS. MURRAY:
Thank you, your Honor.
18
674
To deal with your client.
You don't have to answer me.
We'll just take a
moment.
19
(Side bar concluded)
20
(Continued next page)
21
22
23
24
25
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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THE COURT:
Document 98 Filed 11/18/22
Hezir - Direct
All right.
Page 161 of 203
Ladies and gentlemen, what is
2
going on is, as you see, these are very thick, voluminous
3
exhibits.
4
about the very specific portions they're interested in in the
5
hope we can streamline this a little bit, so that's what
6
they're going to do for a couple minutes.
7
675
I asked counsel to spend a couple minutes talking
So, again, if you want to take a stretch break in your
8
seats, that's what we'll do.
9
government to finish their case until the end of the day if we
10
can press on until 5:00.
We are still aiming for the
11
Are you all okay with that?
12
JURORS:
13
THE COURT:
(Nodding heads up and down.)
I have to be honest with you.
14
going to get to summations today.
15
for us to be back on Monday.
16
a stretch break.
17
JUROR:
18
THE COURT:
19
It is going to be necessary
Okay.
So you're welcome to have
Your Honor, could I use a restroom?
Sure.
Of course.
If you want to adjourn
to the back --
20
21
We are not
Ms. Dempsey, do you want to see the jurors to the
back.
22
THE DEPUTY CLERK:
23
All rise.
24
(Continued next page)
Yes.
25
SOUTHERN DISTRICT REPORTERS, P.C.
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(Jurors not present)
2
THE COURT:
3
don't discuss with anybody --
4
THE WITNESS:
5
THE COURT:
6
And I would suggest to both of you you look at the
All right.
You may step down, but please
Yes, your Honor.
-- the substance of your testimony.
7
next two exhibits --
8
MS. MURRAY:
Yes, your Honor.
9
THE COURT:
-- so when we come back, you'll be ready
10
to go.
11
(Recess taken.)
12
THE COURT:
Okay.
13
MS. MURRAY:
Your Honor, Mr. Brill and I have talked
14
MR. BRILL:
here.
17
18
21
We wanted to approach, as Mr. Ilori is not
So can we consider this a bench conference?
THE COURT:
Sure.
I mean, stay where you are.
We
don't have to be literally at the bench.
19
20
Where are we at?
through --
15
16
676
MS. MURRAY:
I'm very literal at this time of the
week.
Mr. Brill and I have looked through, if I could point
22
your Honor to a few very specific examples that I think we
23
agree make these different chats within the conspiracy.
24
first, the time period of the conspiracy charged begins
25
September of 2020.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
So,
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MR. BRILL:
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677
Not to interrupt, your Honor, I think the
2
characterization of the government that I agree is inaccurate.
3
However, the government has explained to me its position. I
4
maintain my objection, but I will accept the Court's ruling.
5
MS. MURRAY:
So I think what we would propose, given
6
the defendant isn't here, we can walk your Honor through each
7
side's reasoning, and then on the record, when the defendant is
8
here, we can you do it again a little more streamlined.
9
MR. BRILL:
Yes, your Honor.
10
MS. MURRAY:
So, your Honor, starting with Government
11
Exhibit 639, the earliest message in this, again, single
12
Telegraph chat thread is February 28, 2021.
13
months into the charged conspiracy.
14
THE COURT:
15
charged conspiracy?
16
MS. MURRAY:
Hold on.
That's several
What are the dates of the
September of 2020 through October of
17
2021.
18
through October of 2021.
Well, August, excuse me, your Honor, August of 2020
19
THE COURT:
Okay.
20
MS. MURRAY:
So just to give your Honor the clearest
21
I'm sorry.
Go ahead.
examples, if we go in 639 to page 107, to begin with --
22
THE COURT:
By the way, where is Mr. Ilori?
23
MR. BRILL:
He's just in the back.
24
25
He can come out,
your Honor, if you prefer that.
THE COURT:
Well, I guess I'd rather not do this
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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1
twice.
2
here to be perfectly honest.
3
MR. BRILL:
Page 164 of 203
678
I'm not understanding the logic of what we're doing
Well, because we have to walk it through
4
with the Court, we figured we would do it outside the presence
5
of the jury as a bench conference, and then the ruling would be
6
made in front of the jury.
7
THE COURT:
8
the reasoning.
9
10
MR. BRILL:
So how would we do the bench conference
outside the presence of the jury?
11
12
Yes, but I don't need all the repeat of
THE COURT:
Get Mr. Ilori here, and we continue what
we're doing.
13
MR. BRILL:
Okay.
14
THE COURT:
You mean because he wouldn't normally be
15
at a bench conference.
16
MR. BRILL:
Right.
17
THE COURT:
Okay.
18
MS. MURRAY:
So page 107, and this is Government
19
So go ahead.
Exhibit 639.
20
THE COURT:
I'm not hearing you.
21
MS. MURRAY:
Government Exhibit 639, page 107.
22
THE COURT:
Yes.
23
MS. MURRAY:
The second blue message writes to the
24
user of the Samsung, I need the code sent to 0642 for Capital
25
One.
0624 is the target phone.
A code is then sent.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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1
Blue says, they will send another one.
2
Now going into the next page, the Samsung user sends a
3
code again.
4
Blue writes, thanks.
It's Jonathan Herttua, right?
5
And the Samsung user writes, yes.
6
And then blue writes, I need this for the Capital One.
7
And then going through to the next couple of pages,
8
requesting scans for Jonathan Herttua.
9
need it.
10
THE COURT:
Okay.
Send right away.
I
But are you proposing that you're
11
going to now just proffer certain extracts or you're still
12
wanting to do the whole thing, because this is in the middle of
13
this big, long exchange.
14
MS. MURRAY:
Well, your Honor, there are numerous
15
other directly relevant communications.
For the sake of
16
expediency and because we wanted to highlight the most
17
important ones for the jury, we've just cherry picked a few,
18
but we would like the entire chat thread to be in evidence.
19
is response.
20
THE COURT:
Responsive to what?
21
MS. MURRAY:
I'm sorry, your Honor.
22
23
I misspoke.
It's
relevant.
Under the Federal Rules of Evidence, they are
24
conversations between Mr. Ilori, because the parties have
25
stipulated the Samsung was on his person at the time of his
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
It
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arrest, and we've established other bases for believing it is
2
Mr. Ilori --
3
THE COURT:
No.
4
MS. MURRAY:
Excuse me.
5
It was in the car, right?
Yes.
Parties have stipulated
it was in the car.
6
We've now established various bases for at least
7
arguing that it was used by Mr. Ilori.
8
will be argument, but it was certainly in the car when he was
9
arrested.
10
phone that Chris Recamier was using about topics relating to
11
the conspiracy.
12
unindicted co-conspirators during the same time period about
13
the same topics.
14
15
And I understand that
It seems to be from the 638 communicating with a
And now we see it also communicating with
THE COURT:
your point.
Well, the one excerpt you gave me I see
You want to give me a few more?
16
MS. MURRAY:
17
If we go to page 44 of 639, so starting at the top
18
right, the user of the Samsung asks blue or Teddy Riley to
19
please send 1,600 dollar sign to that cashapp for the license
20
numbers.
21
22
23
24
25
680
Sure.
Teddy Riley asks, how much is one each?
I'm buying
four NA.
Samsung says, yours is 400 at a hundred each.
I will
give you $1,200 when I see you.
Based on our understanding of the nature of this crime
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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and the numerous fake IDs that we've seen, including at
2
apartment 1805 which the government contends is essentially
3
Mr. Ilori and Mr. Recamier's fraud office, we would view this
4
as a communication between the user of the Samsung, an
5
unindicted co-conspirator, about creating and paying for
6
identification documents, specifically licenses.
7
8
9
THE COURT:
681
And how do I know that's in furtherance of
the conspiracies that you have charged in the indictment?
MS. MURRAY:
Your Honor, it's an argument, because it
10
is the same time period.
11
throughout this chain as with Government Exhibit 638, and
12
frankly the government would contend that this was Mr. Ilori's
13
job during the time period of the conspiracy.
14
out committed fraud, created fraudulent documents, coordinated
15
with others regarding those, paid for those, stored them in
16
apartment 1805, sent them among other people.
17
We see other communications
He day in day
And we've cherry picked a few examples, but the
18
contents of the iMac, the contents of the phones show, you
19
know, the use of certainly more than a dozen Gmail accounts and
20
the names of more than a dozen identity theft victims.
21
22
THE COURT:
Hold on.
All right.
At side
bar, please.
23
(At side bar)
24
THE COURT:
25
Hold on.
I'm sorry, but I just noticed you have a
reporter here.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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MS. MURRAY:
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Page 168 of 203
682
Another example, your Honor, and
2
understanding your point, but the frequency of the
3
communications and the time period and the context -- just a
4
few pages later in the same chat then --
5
THE COURT:
Let me grab it.
6
MS. MURRAY:
This is now page 48 of 639.
7
THE COURT:
Okay.
8
MS. MURRAY:
So blue, Teddy Riley, writes, it was 75K
9
when I submitted it.
10
Mine.
Okay.
Two messages later the user of the Samsung writes, I
11
calculated it.
12
individual employee, which comes out to that amount.
13
14
It's based off the 100K maximum.
Two to
And then carrying it over to the next message from the
Samsung user --
15
THE COURT:
I see.
16
MS. MURRAY:
And, your Honor, we would intend to show
17
that the information reflected in this message from the Samsung
18
user, the employees, and the amount matches the employees and
19
amount left on one of the fraudulent loan applications.
20
THE COURT:
21
Anything you want to put on the record?
22
MR. BRILL:
We maintain our objection.
23
MS. MURRAY:
On the other two, your Honor, I think
24
25
Okay.
I'm convinced on this one.
these can be handled quite briefly.
THE COURT:
Okay.
The one thing I'm going to observe
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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MAS1ILO5
Document 98 Filed 11/18/22
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1
to you, have you thought about cumulativeness here?
2
the last point you just made is not cumulative matching this up
3
with the others, but is this just more of the same repetition
4
of names and numbers and -- or are you going to match them up
5
with other --
6
7
MS. MURRAY:
side.
Exactly.
I mean,
We're going to do it side by
That's exactly the intent, your Honor.
8
THE COURT:
Okay.
9
MS. MURRAY:
So 641.
10
THE COURT:
What happened to 640?
11
MS. MURRAY:
I'm going to bounce back to it, because
12
the timing is --
13
THE COURT:
Okay.
14
MS. MURRAY:
So 641, it requests money to a cashapp.
15
Again, in the prior conversation with Teddy Riley, there was a
16
discussion of sending money for licenses.
17
the top message indicates, PII, personal identifying
18
information, for Mark Heffron, who's the renter of the Purves
19
Street apartment.
20
THE COURT:
Where is that?
21
MS. MURRAY:
On page 3 of 641.
22
THE COURT:
Yeah.
23
MS. MURRAY:
Pardon.
24
25
On page 3 of 641,
I'm on page 3.
Three of 640.
You're right.
Three of 640.
THE COURT:
Okay.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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MAS1ILO5
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MS. MURRAY:
2
And the relevance here, your Honor, is this message
684
And then these two.
3
from the Samsung user contains information for two of the
4
identity theft victims, and then you can see it's forwarded to
5
the counter-party of this text conversation.
6
go --
7
And then when you
THE COURT:
It's forwarded multiple times it looks
9
MS. MURRAY:
That's correct.
10
THE COURT:
Do we have a way to know to whom?
11
MS. MURRAY:
So the way that it's reflected, and I'm
8
12
like.
happy to tie this together, if you then go to 641, page 50 --
13
THE COURT:
Sorry.
15
MR. BRILL:
Government binders.
16
THE COURT:
I'm going to give them all back at the
14
17
I don't know why mine's coming
apart.
end, except I wrote on this one.
18
MS. MURRAY:
So the bottom message here, that is not
19
forwarding.
20
Donald, was the originator of this message.
21
the Samsung.
22
640, because it appears in the green as a forwarded message.
23
And then Samsung in turn forwards it along to Teddy
24
25
So what that indicates is that this counter-party,
Donald sent it to
And you see that reflected in Government Exhibit
Riley.
THE COURT:
Okay.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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MAS1ILO5
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Page 171 of 203
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MS. MURRAY:
So that should cover those three.
2
MR. BRILL:
For the record, your Honor, the
685
3
government's suggestion, while it may cover the relevancy of
4
these items, does not discount the possibility of the multiple
5
conspiracies.
6
indicated that he was the subject of multiple identity theft
7
situations, so multiple people may have been stealing his
8
identity.
9
well, that's my main point is that it is not necessarily
10
evidence that the co-conspirators here engaged in the charged
11
conspiracy.
12
Specifically, Mr. Herttua, for example,
And it doesn't, of course, preclude the fact that --
THE COURT:
Okay.
First of all, I do not have to find
13
for sure that it is, as you've stated.
14
a preponderance of the evidence that it was during and in
15
furtherance of the conspiracy that existed.
16
I only need to find by
I think there's enough here for me to find by
17
preponderance of the evidence, and I do so find.
18
going to admit them.
19
MS. MURRAY:
Thank you, Your Honor.
20
THE COURT:
Now, obviously you have whatever arguments
And I am
21
you want to make about them in connection with summation, and,
22
you know, they may or may not be tied up in the mind of the
23
jurors here, but okay.
24
MS. MURRAY:
Thank you, your Honor.
25
THE COURT:
Thank you.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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MAS1ILO5
Document 98 Filed 11/18/22
Hezir - Direct
1
(Sidebar concluded)
2
THE COURT:
Okay.
Page 172 of 203
The witness can come back up here,
3
because one Mr. Ilori is back out we will bring the jury out
4
and I will put my rulings on the record.
5
6
7
All right.
686
Ms. Dempsey do you want to bring the
jurors back out?
(Continued on next page)
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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1
(Jurors present)
2
THE COURT:
All right.
Page 173 of 203
687
So we've had a somewhat
3
lengthy discussion at a bench conference with respect to these
4
four exhibits, 638 through 641.
5
You have that received in evidence.
6
objection, admitting the remaining three exhibits, 639, 640,
7
and 641.
8
9
10
I've already admitted 638.
I am, over the defense
(Government Exhibits 639, 640 and 641 received in
evidence)
THE COURT:
I'm going to make the same observation
11
that I made at the sidebar, that I'm really not sure that we
12
seen have the hearsay issue that you're all talking about,
13
because I don't know that you're offering these statements for
14
the truth of the matters asserted.
15
Are you?
16
MS. MURRAY:
No, your Honor.
17
THE COURT:
Okay.
But, in any event, I do find that
18
the requirements for the admissions of these statements, to the
19
extent you are trying to admit them as a statement of a
20
co-conspirator, I do find -- I need to make the finding by a
21
preponderance of the evidence.
22
sidebar, I do find that they are properly admitted into
23
evidence.
For the reasons we stated at
All right?
24
MS. MURRAY:
Thank you, your Honor.
25
THE COURT:
I also discussed with counsel, trying to
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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MAS1ILO5
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688
1
be focused on which pieces of these massive strings of messages
2
are most relevant.
3
right?
So, with that, we're ready to proceed,
4
MS. MURRAY:
5
Ms. Loftus, if you could please publish Government
6
Thank you, Your Honor.
Exhibit 639.
7
This is another government chat thread between the
8
user of a Samsung and another individual.
9
as well.
Publish to the jury
Thank you.
10
It's not coming up right now.
11
Can the jury see that?
12
Okay.
Great.
If we could zoom in, please, Ms. Loftus on the
13
participants through to the first blue message.
14
Q.
15
indicated by the source info, between Jonathan, the owner, and
16
an individual listed as Teddy Riley.
17
Special Agent Hezir, these are again Telegram messages, as
Could you tell us how Teddy Riley greets the user of
18
the Samsung?
19
A.
20
Hello D.
MS. MURRAY:
Ms. Loftus, if we could go from 26 into
21
27, these are the bottom two messages on 26 into the top two
22
messages on 27.
23
Q.
24
green messages which are the user of the Samsung first?
25
A.
Special Agent Hezir, can you read these, please, the two
Do you need a specific picture for the scans?
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Black or
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1
white.
2
Q.
And what did Teddy Riley respond?
3
A.
Two white one Spanish.
4
Q.
And what does he send in return?
5
A.
Send it now please.
6
Q.
Based on your training and experience, what if anything do
7
you understand these messages to relate to?
8
A.
9
individuals.
10
11
Relates to identity theft, perhaps sending pictures of
MS. MURRAY:
If we could go to page 44, please,
Ms. Loftus.
12
13
I'll send his picture.
THE COURT:
All right.
Ms. Murray, I am going to
remind you this is now in evidence.
14
MS. MURRAY:
I understand, your Honor.
I'm not using
15
the agent as a mouth piece.
16
of explaining very specific messages that benefit I think from
17
context, and very specific messages.
I'm just using it for the purpose
18
THE COURT:
Okay.
19
MS. MURRAY:
If you could zoom in on the first two
20
messages, please.
21
Q.
22
can you please read that?
23
A.
24
license numbers.
25
Q.
Reading the first message, which is from the Samsung user,
Please send 1600 dollar sign to that cashapp for the
Do you have an understanding what cashapp is?
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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MAS1ILO5
Document 98 Filed 11/18/22
Hezir - Direct
Page 176 of 203
1
A.
Yes.
2
Q.
What is cashapp?
3
A.
It's a payment application users can request and send
4
payments.
5
MS. MURRAY:
6
please, Ms. Loftus.
7
Q.
8
So, the user of the Samsung sends the first one.
9
that, please?
10
A.
11
out to 375K.
12
Q.
And what does Teddy Riley respond?
13
A.
I know.
690
And if we could go now to page 49,
So I'd like to focus on the top three messages, please.
Can you read
If we do 18 employees at the maximum, 100K each, it comes
I'll pull it and do the employees.
14
Employees is misspelled.
15
MS. MURRAY:
And then, Ms. Loftus, if we could go to
16
page 52, please.
17
Q.
18
from the Samsung user.
19
that message?
20
A.
M2 Gold Jets, LLC.
21
Q.
And focusing just on the message at the bottom, that's --
22
can you read?
23
A.
That's the original address, so you can change it.
24
Q.
And what is the address that's listed in Telegram chat for
25
M2 Gold Jets, LLC?
So focusing on the green message at the bottom, this is
Do you see the name, the first line of
Can you read that, please?
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
1
A.
Document 98 Filed 11/18/22
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Page 177 of 203
691
342 Seventh Avenue, Brooklyn, New York 11215.
2
MS. MURRAY:
Ms. Loftus, if you could pull up
3
Government 150, at page 3, along with Government Exhibit 239 at
4
page 5.
5
Q.
6
focus on the business legal name through the primary contact
7
and business TIN and down to the business address.
8
the business name here?
9
A.
M2 Gold Jet, LLC.
10
Q.
Is that the same name that we saw in the Telegram chat?
11
A.
I believe jets was pleural in the Telegram.
12
Q.
And looking at the business address, so this is a business
13
address associated or, pardon, listed on the PPP loan
14
application.
15
A.
I want to focus on Government Exhibit 150.
If you could
So what is
What business address is listed there?
347 Seventh Avenue, Brooklyn, New York 11215.
16
MS. MURRAY:
And, Ms. Loftus, you could zoom out on
17
that.
18
chat, the original address.
19
Q.
Is that a slightly different address here?
20
A.
Yes.
Zoom in on again the address that's in the Telegram
21
MS. MURRAY:
And, Ms. Loftus, can you please take both
22
of those down, and go to page 70 -- Government Exhibit 639,
23
page 73.
24
Q.
25
March 15, 2021.
So zoom in on the first three messages, please.
The users of the Samsung sends this first message on
Can you please read that?
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
Document 98 Filed 11/18/22
Hezir - Direct
Page 178 of 203
692
1
A.
This is for the big one we have to complete tonight.
2
Q.
And what are the two messages, same date, same minute from
3
Teddy Riley -- or, pardon, from the blue, now not associated
4
with a name.
5
A.
6
7
Name?
I'm still working on these ones.
MS. MURRAY:
Ms. Loftus, if you could please pull up
Government Exhibit 156 alongside this page.
8
This is a Paycheck Protection Program application.
9
we could zoom in on the amount requested, that's in the --
10
yeah, in the center.
11
Q.
What is the amount requested on this loan application?
12
A.
I believe that's $4,409,560.
13
MS. MURRAY:
If
If you could zoom out and go to the
14
bottom of page 2 of 156 to find the date for us and zoom in on
15
the date.
16
Q.
17
which the applicant signed?
18
A.
Jonathan Herttua, March 15, 2021.
19
Q.
And that is the same date as the Telegram messages
20
referencing the big one; is that correct?
21
A.
That's correct.
22
Q.
And the amount requested on this loan application was
23
approximately a little more than 4.4 million?
24
A.
25
Sorry.
The name and the date would be great.
What's the name of the applicant who signed and the date on
Correct.
MS. MURRAY:
We can zoom out, take these down.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
We're
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going to go to page 108 -- pardon, 107 of Government Exhibit
2
639.
3
693
So focusing on the second blue message through to the
4
third blue message.
With the message I need --
5
Q.
The second blue that's here, can you read that, please?
6
A.
I need the code sent to 0642 for Capital One.
7
Q.
And what does green respond?
8
A.
392678.
9
Q.
First of all, what is your understanding what 0642 reflects
10
based on your involvement in the investigation?
11
A.
12
identified earlier in the investigation.
13
Q.
14
sent to a phone number for a bank?
15
A.
16
form of two-factor authentication.
17
you an authentication code on a mobile device, and you would
18
enter it on the website to make sure it's actually you logging
19
in.
I believe that's the 0642 mobile telephone number that we
Do you have an understanding of what a code would be that's
Yes.
20
Typically you would see SMS authentication.
MS. MURRAY:
It's a
Basically, it would send
And then, Ms. Loftus, the next page, 108,
21
please, the third blue message on this page to the green
22
message.
23
Q.
24
confirm or say?
25
A.
The blue participant, what does the blue participant
It's Jonathan Herttua, right.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
Document 98 Filed 11/18/22
Hezir - Direct
Page 180 of 203
1
Q.
And what does the user of the Samsung say in response?
2
A.
Yes.
3
Q.
I just want to briefly go through --
4
MS. MURRAY:
You can take that down.
694
Thank you,
5
Ms. Loftus.
6
Q.
7
First, Government Exhibit 641.
8
THE COURT:
This is pursuant to the stip, right?
9
MS. MURRAY:
This is pursuant to your Honor's ruling.
10
THE COURT:
So this is the last one.
11
MS. MURRAY:
Thank you.
12
And if you could please zoom in, Ms. Loftus,
I'd like to briefly go through a couple additional chats.
I'm sorry.
Yes.
13
participants into the first green message.
14
Q.
15
chain?
16
A.
Jonathan (the owner) and Donald.
17
Q.
And looking at the first message from Donald, can you read
18
that?
19
A.
20
person tomorrow.
21
Q.
What does the Samsung person respond?
22
A.
Okay.
23
Q.
I'd like to go to page 50 of this exhibit, please.
24
want to focus on the last blue message.
25
so the counter-party to the Samsung's conversation.
So who are the participants of this Telegram messaging
Okay.
Cancel the Mula Apps registration and we can talk in
I just
This is from the blue,
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
And can
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1
you see generally what information is reflected?
2
A.
Yes.
3
Q.
What's the date of this message?
4
A.
April 6, 2021.
5
Q.
At what time?
6
A.
2:03:12 a.m. UTC time.
7
8
MS. MURRAY:
Ms. Loftus, if we could then go, please,
to Government Exhibit 640.
9
That's the third and final of the exhibits admitted
10
pursuant to your Honor's order.
11
Q.
12
participants of this chain?
13
A.
Focusing on the participants, who appeared to be the
Jonathan (owner), and it's the googly eyes emoji.
14
15
695
MS. MURRAY:
Okay.
If we could zoom out, please,
Ms. Loftus, and go into page 3, please.
16
So focusing first -- actually, focusing on those two
17
large blocks, green and blue.
18
that this message is forwarded by the Samsung user?
19
A.
Yes.
20
Q.
What time and date?
21
A.
April 6, 2021, at 2:07:09 a.m. UTC time.
22
Q.
Is that approximately a few minutes after the counter-party
23
of the prior chat we looked at sent that same message to the
24
user of the Samsung?
25
A.
So do you see the date and time
I believe so, yes.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
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Hezir - Direct
Page 182 of 203
696
1
Q.
And then looking at the blue message, can you see that
2
based on the blue message, the blue message then forwards the
3
information along.
4
the indication at the top with the arrow indicates forward; is
5
that right?
6
A.
That's correct.
7
Q.
And that is a day later; is that right?
8
A.
That's correct.
9
We don't have an indication of to whom, but
Forwarded?
MS. MURRAY:
Okay.
We can take this down, Ms. Loftus.
10
Thank you.
11
Q.
12
documents that were saved on the Samsung.
13
as part of your review?
14
A.
15
I'm going to very briefly go over just a few of the
Did you review those
Yes.
MS. MURRAY:
Government Exhibit 644, which is in
16
evidence, if we could publish that, please, Ms. Loftus.
17
a screen shot of certain contents of the files on the documents
18
folder on the Samsung; is that right?
19
A.
Yes, that's correct.
20
Q.
Looking at the first one which is titled zero underscore
21
Jamison space two dot PDF.
22
MS. MURRAY:
That's
Ms. Loftus, if you could please now take
23
this down and publish Government Exhibit 645, which is in fact
24
that file as extracted from the Samsung.
25
Q.
Do you recognize this?
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
Document 98 Filed 11/18/22
Hezir - Direct
Page 183 of 203
1
A.
Yes, I do.
2
Q.
What does it appear to be a scan or photo of?
3
A.
It appears to be a scan or photo of a New York State
4
driver's license.
5
Q.
And this was a file saved on the Samsung, correct?
6
A.
Correct.
7
MS. MURRAY:
697
If we could go, Ms. Loftus, to Government
8
Exhibit 646, which is, again, in evidence, some of the contents
9
of the Samsung.
10
This is another document.
If we could zoom in on the
11
top portion through the total amount due, please.
12
Q.
13
what, if anything, do you notice about the appearance of the
14
text reflected on this document?
15
A.
16
manipulated.
Looking at the information here, including billing period,
It appears that some text may have been changed or
17
MS. MURRAY:
Ms. Loftus, can you please publish
18
Government Exhibit 647?
And just zoom in on the top portion,
19
please.
20
Q.
21
on this lease document?
22
A.
The tenant is William Jamieson.
23
Q.
And the address?
24
A.
123 Melrose Street, apartment 417, Brooklyn, New York,
25
11206.
This is a lease document.
Can you read who the tenant is
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
Document 98 Filed 11/18/22
Hezir - Direct
1
Q.
2
device; is that right?
3
A.
Page 184 of 203
698
And, again, this was a document that was on the Samsung
That's correct.
4
MS. MURRAY:
Ms. Loftus, can we please publish
5
Government Exhibit 655?
6
recovered from the Samsung.
7
These are certain photos that were
I'm just going to go through these quickly.
Page one
8
first, Ms. Loftus.
9
Q.
Do you see the name listed on this New Jersey license?
10
A.
Yes.
11
Q.
Do you recognize the person depicted?
12
A.
Not in this photograph, no.
13
Q.
Can we go to the next page, please.
14
person depicted here?
15
A.
Yes.
16
Q.
Who is it?
17
A.
That's Chris Recamier.
18
MS. MURRAY:
Do you recognize the
Can we go to page 4, please, Ms. Loftus?
19
All the way down so we can see both of those images.
20
you.
21
Q.
22
driver's licenses purport to be from?
23
A.
Pennsylvania.
24
Q.
And what name is the top license in?
25
A.
Gerald M. Hanson.
Thank
Looking at the images on this page, what state do these
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
Document 98 Filed 11/18/22
Hezir - Direct
Page 185 of 203
1
Q.
What name is the bottom license in?
2
A.
Thomas J. Hockenberry.
3
Q.
What if anything do you notice about the individual
4
depicted in each of these licenses?
5
A.
699
That appears to be Chris Recamier.
6
MS. MURRAY:
If we could publish Government Exhibit
7
657, please, Ms. Loftus.
8
Q.
Again, a photo from the Samsung device; is that correct?
9
A.
Yes.
10
Q.
Do you recognize this car or do you -- I understand there's
11
no license plate.
12
your investigation?
13
A.
Yes, it does.
14
Q.
What does it look familiar to?
15
A.
Looks familiar to the car we executed -- excuse me, that we
16
searched after executing the search warrant for Mr. Ilori's
17
person.
18
Does this car look familiar to you based on
MS. MURRAY:
And page 2, please, Ms. Loftus.
19
Q.
Is this another photo of what appears to be the same car?
20
A.
Yes.
21
MS. MURRAY:
And if we could go to Government Exhibit
22
658, please.
23
that was recovered from the Mercedes.
24
25
This is, again, content from the Samsung device
If we could zoom in on participants.
Q.
The owner, the user of the Samsung is associated with what
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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MAS1ILO5
Document 98 Filed 11/18/22
Hezir - Direct
1
name here?
2
A.
Jonathan Herttua.
3
Q.
And what's going to be the user name?
4
A.
Herttuajonathan57.
5
MS. MURRAY:
Could we zoom out.
Page 186 of 203
700
If we could go to
6
page 6, please.
And zoom in on the top document.
7
Q.
8
Now.
9
A.
Yes, it is.
10
Q.
So in this message, how does the blue person refer to the
11
user of the Samsung?
12
A.
Looking at the source in the source info, this is from Text
Is that a messaging application?
Will.
13
MS. MURRAY:
14
Ms. Loftus.
15
Q.
And if we could go to page 8, please,
Looking at the bottom of page 8, can you read what the --
16
MS. MURRAY:
Yes.
Zoom in, please.
17
Q.
18
that this individual is texting the user of the Samsung about?
19
A.
Could you read what the apartment address and number is
123 Melrose 715.
20
MS. MURRAY:
And one final exhibit, please.
21
Government Exhibit 659.
22
Samsung.
23
This is another message chain from the
If we could go to page 4, please.
Focusing on the
24
green and then the blue message, what does the user of the
25
Samsung send to the counter-party of this chat?
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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MAS1ILO5
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Hezir - Direct
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1
A.
Thomasjhockenberry@gmail.com.
2
Q.
And then in the response, from the blue message, how does
3
the blue message refer to the user of the Samsung?
4
A.
701
Thomas.
5
MS. MURRAY:
Could we go to page 18, please, and zoom
6
in on the first message first.
7
Q.
What does this message to the user of the Samsung reflect?
8
A.
It reflects, the deal is approved.
9
Q.
On what date is this sent?
10
A.
September 22, 2021.
11
MS. MURRAY:
Can you zoom out, please, and zoom in on
12
the last message on this page.
13
Q.
14
message to the Samsung user?
15
A.
What is the lienholder for the lease as reflected in this
Mercedes Benz Financial Services.
16
MS. MURRAY:
And, Ms. Loftus, the next page, please,
17
page 19.
18
sent to the user of the Samsung.
19
Q.
What does this reflect?
20
A.
Instructions to send a certified check.
21
Q.
To what company or entity?
22
A.
Silver Star Motors.
23
Q.
And that is sent to the user of the Samsung; is that right?
24
A.
Yes.
25
Q.
On what date?
If you could you zoom in on the blue message again
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO5
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A.
Document 98 Filed 11/18/22
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Page 188 of 203
702
September 22, 2021.
2
MS. MURRAY:
3
Nothing further.
4
You can take that down, Ms. Loftus.
5
THE COURT:
6
So, ladies and gentlemen, here's where we're at.
May we have a moment, your Honor?
All right.
Thank you.
Thank you.
7
this point, Mr. Brill is entitled to cross-examine this
8
witness.
9
I promised you all 5:00, and we are at the witching hour.
10
At
He's told me his cross will be relatively brief, but
I would propose the following.
I said to you --
11
unfortunately, despite my best efforts, we're going to be back
12
here on Monday.
13
witness.
14
cross-examination he has of this witness, I believe the
15
government intends to rest its case.
16
presenting no more evidence.
17
The government has told me this is their last
So after Mr. Brill finishes with whatever
Meaning it will be
At that point the defense has the opportunity but no
18
obligation to present a case to you.
19
hear from each side with summations, their closing arguments to
20
you in which they say here's the evidence you've seen and
21
here's what we think it proves to you.
22
instructions on the law, and you would begin to deliberate.
23
That's what we have remaining in this case.
24
25
Thereafter, you would
I would then give you
So I'm very sorry that we didn't get to meet our goal
of completing the evidence today.
I think we're 99 percent
SOUTHERN DISTRICT REPORTERS, P.C.
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MAS1ILO5
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Hezir - Direct
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1
there.
2
break for the day, since we're not going to conclude in any
3
event today.
But at this point I think it makes sense for us to
4
All right.
So we should come back -- let me just talk
5
to counsel at sidebar for one moment, and I'll let you know
6
what time we plan to start on Monday.
7
This can be off the record.
8
(Side bar held off the record)
9
THE COURT:
All right.
Ladies and gentlemen, we're
10
going to keep working for a little while after we let you go
11
tonight so that we can move things along for you.
12
So we can plan on 9:30 Monday morning, please.
13
All right. Thank you all very much.
14
Have a great
weekend.
15
Let me tell you all before you jump up, leave
16
everything here, but let me say for the record we're breaking
17
for the weekend, so there could be temptations, people saying
18
what have you been doing all week and that sort of thing.
19
Please don't discuss the case with anyone.
20
research on the case.
21
articles on these sorts of things.
22
to have a problem with you all having put in so much time and
23
energy.
24
25
703
Don't do any
Don't read anything if you happen to see
The last thing we want is
I'm going to remind the witness, you remain under
oath, sir.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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2
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With that, I'll see you at 9:30 Monday morning.
Thanks very much.
Have a great weekend.
(Continued on next page)
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(Jurors not present)
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THE COURT:
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witness stand.
All right.
Filed 11/18/22
Page 191 of 203
705
You may step down from the
Thank you.
And are our court reporters all right to stay with us
for what we don't think should be too terribly long?
6
THE REPORTER:
7
(Continued on next page)
Yes, we're fine.
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(212) 805-0300
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1
THE COURT:
2
So just to confirm, I think that we were off the
706
Have a seat, everyone.
3
record when we spoke at the sidebar, so what we've agreed to do
4
is we are going to do the charging conference now, with the
5
understanding that obviously we can revisit things on Monday
6
morning if, after further consultation, there are any
7
additional issues that we should talk about, but I want to give
8
both sides -- these charges were largely consensual so I don't
9
think there should be a great number of issues, but I want to
10
give you the maximum opportunity to have what is close to the
11
final charges as you have the weekend to work on your
12
summations.
13
All right?
So with that, I can do this with you, Mr. Ilori.
14
Mr. Brill, is Mr. Ilori choosing to be present for the charging
15
conference?
16
on a matter of law.
17
your call.
Normally you would not be.
This is a conference
But you certainly can be.
18
THE DEFENDANT:
19
THE COURT:
It's entirely
I would like to be.
Okay.
All right.
Then I'm going to ask
20
anybody who's not a party to the case to please clear the
21
courtroom because this is a conference which we would normally
22
do in the robing room, but because I have the defendant here,
23
I'm going to stay where we are.
24
25
Okay.
Thank you.
So I have the proposed requests to charge which
were submitted to me on consent by the parties back when we had
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(212) 805-0300
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Filed 11/18/22
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707
1
the pretrial conference on August 5, at which time we thought
2
we were proceeding to trial, but it became necessary for me to
3
adjourn the trial because at that time Mr. Ilori told me he
4
wanted to change counsel.
5
conferring further, and we are where we are today.
6
August 5 conference, I was told by the parties that the jury
7
instructions were on consent.
8
He then reversed course after
But at that
Since then, I corrected only a couple of very minor
9
typos.
10
October 20th for the conference in anticipation of today.
11
I mean literally, these were minor edits.
12
a "him," because you're a "him," Mr. Ilori.
13
what the other two edits were, but they're in the record on the
14
October 20th conference.
15
I went through them with you when we met on
And
I changed a "her" to
I don't remember
So it is my understanding that what we have in front
16
of us at ECF 66, with those three minor edits that I put on the
17
record on October 20th, are a set of jury instructions which
18
are on consent.
19
Now there are a couple of them that noted "If
20
Applicable," so we need to talk about that, whether, in your
21
view, those various charges are applicable still at this
22
particular point in time.
23
24
25
But let me pause for a moment to just give anybody who
wishes to an opportunity to be heard.
MS. MURRAY:
Nothing from the government.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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Filed 11/18/22
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1
THE COURT:
You're in agreement with what I recited?
2
MS. MURRAY:
We are, your Honor.
3
THE COURT:
All right.
4
Mr. Brill?
5
MR. BRILL:
6
7
8
708
Thank you.
I don't know if we need character witness,
your Honor.
THE COURT:
We're not up to that yet.
I'm asking, do
you have anything on what I've said so far?
9
MR. BRILL:
No, your Honor.
10
THE COURT:
So you're in agreement with what I put on
11
the record.
12
MR. BRILL:
Yes, your Honor.
13
THE COURT:
All right.
So let's walk through the
14
charges that you bracketed in what you submitted as proposed
15
charges as "If Applicable."
16
All right.
17
18
19
that in or out?
MS. MURRAY:
THE COURT:
21
Mr. Brill?
22
MR. BRILL:
24
25
Your Honor, the government would propose
to include that charge.
20
23
Request No. 29, conscious avoidance, is
I would agree.
I don't have strong feelings one way or
the other, your Honor, so that's fine.
THE COURT:
Okay.
Charge No. 36, about particular
investigative techniques, it seems to me this one is
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(212) 805-0300
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Filed 11/18/22
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709
1
applicable.
This talks about, you know, certain techniques may
2
or may not have been used, and there was some cross-examination
3
about whether certain things were looked at or not, that sort
4
of thing, so it seems to me, Mr. Brill, this is certainly
5
applicable.
6
MR. BRILL:
Yes, your Honor.
7
THE COURT:
From the government?
8
MS. MURRAY:
We agree, your Honor, yes.
9
THE COURT:
All right.
I'm going to strike the words
10
"If Applicable" in No. 36, which just means I'm going to give
11
that charge.
12
38, stipulations, is clearly applicable.
13
stipulations that you read into the record.
14
remain.
15
You had five
So that one will
Charge No. 40, law enforcement and government employee
16
witnesses.
We did have at least, I think, three.
17
clearly applicable.
18
MS. MURRAY:
Yes.
So this is
And your Honor, with respect to
19
this, some additional language had been bracketed, bracketing
20
additional government agencies.
21
government witnesses in this case have all been from Department
22
of Justice Office of Inspector General.
We can strike that.
The
23
THE COURT:
Mr. Brill?
24
MR. BRILL:
That's fine, your Honor.
25
THE COURT:
So we're striking in two places "and/or
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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MAS1ILO7
1
Document 98
Filed 11/18/22
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the FBI and/or HIS and/or NYPD as applicable."
710
Right?
2
MS. MURRAY:
Yes, your Honor.
3
THE COURT:
Yes, Mr. Brill?
4
MR. BRILL:
Yes, your Honor.
5
THE COURT:
Okay.
No. 41, Mr. Ilori, you should pay
6
particular attention here.
This is 41, and I believe you must
7
have a 42.
8
Yes.
These are mirror images of one another.
One
9
talks about the right that you have not to testify, and 41
10
comes in here if you did testify.
11
testify.
12
for you over the weekend to please confer with Mr. Brill, and
13
once the government rests its case, then it will be the
14
defense's turn to put on a case.
15
either way, whatever you decide to do—-and it is ultimately
16
your decision, sir, whatever you decide to do—-I'm going to ask
17
you on the record, not in front of the jury, but on the record,
18
to confirm that it is your decision, that you understand that
19
you have the right to testify but that you are not required to
20
do so, and at all points during your case, the burden remains
21
on the government to prove your guilt with respect to each
22
count beyond a reasonable doubt.
23
prepared that I'm going to ask you that on Monday.
42 comes in if you did not
So we would use one or the other.
24
THE DEFENDANT:
25
THE COURT:
I would like, sir,
If you decide not to, or
Okay?
So you just need to be
Yes, your Honor.
Okay.
Whatever your decision ends up
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
MAS1ILO7
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Document 98
Filed 11/18/22
Page 197 of 203
being.
2
THE DEFENDANT:
3
THE COURT:
4
So we have to wait on this one.
Yes.
All right.
Thank you.
I'm going to take out
5
the "If Applicable."
6
weekend then, because we need to know the answer to that.
7
All right.
I guess we really can't print it over the
43, I don't really recall too much of a
8
discussion about preparation, but I may be forgetting.
9
is the view of people on No. 43?
10
711
MS. MURRAY:
So what
Your Honor, there wasn't much discussion.
11
There was some discussion with summary witnesses in particular.
12
So we would propose to include this instruction.
13
14
15
16
THE COURT:
Exactly as it's worded?
evidence that witnesses had discussed the facts of the case"?
MS. MURRAY:
I do believe so, your Honor.
The La
Colombe witnesses had reviewed the files in advance.
17
THE COURT:
18
Okay.
19
MR. BRILL:
No objection.
20
THE COURT:
All right.
That's true.
Mr. Brill?
21
Applicable" then.
22
No. 44.
23
"You have heard
I'm going to take out the "If
I certainly think this is applicable.
Mr. Brill, I assume you want this charge, right?
24
MR. BRILL:
Yes, your Honor.
25
THE COURT:
And the government agrees?
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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Filed 11/18/22
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1
MS. MURRAY:
We do, yes.
2
THE COURT:
All right.
3
MS. MURRAY:
Yes.
4
THE COURT:
What is your position?
5
Mr. Brill, in large respect this is your call, I
And 46.
Are you both with me?
6
think, though obviously both sides have the right to be heard
7
on it.
8
MR. BRILL:
Yes.
9
THE COURT:
Do you want to reserve?
10
11
12
13
14
Do you want to
hold it back and let me know on Monday?
MR. BRILL:
Yeah.
If I could, your Honor, that would
be helpful.
THE COURT:
All right.
47 I think is out.
We didn't
have any expert witnesses, right?
15
MS. MURRAY:
That's correct.
16
THE COURT:
Mr. Brill?
17
MR. BRILL:
Right.
18
THE COURT:
Okay.
19
48 is certainly applicable.
I'm going to strike 47.
We had a number of
20
summary charts that came in.
21
MS. MURRAY:
That's correct.
22
THE COURT:
Mr. Brill is nodding his head.
23
MR. BRILL:
Correct, yes.
24
THE COURT:
Okay.
25
712
not in evidence.
Right?
Yes?
49 is also on charts and summaries
I believe they were received.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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1
MS. MURRAY:
2
was received into evidence.
3
MR. BRILL:
Agreed.
4
THE COURT:
Okay.
5
50, we did not really have character -- this is the
6
That's correct.
Page 199 of 203
Every chart or summary
So 49 goes then.
point you were making, Mr. Brill, No. 50?
7
MR. BRILL:
Yes, your Honor.
8
THE COURT:
So I think this goes, right?
9
MR. BRILL:
Yes, your Honor.
10
MS. MURRAY:
Yes, your Honor.
11
THE COURT:
All right.
12
51, I don't think we had anything that was redacted,
13
713
50 is out.
did we?
14
MS. MURRAY:
We did not, your Honor.
15
MR. BRILL:
No, I don't think we did.
16
THE COURT:
All right.
17
And I believe that is it.
18
Now I just want to highlight for you 52, which is -- I
So 51 is out.
19
don't know if you gave me this or if this was my standard
20
charge, but I generally just have the first person in the box
21
act as the foreperson, unless they're unwilling to do so, and
22
that's what this charge relates to.
23
at it and --
Do you want to take a look
24
MS. MURRAY:
That's fine with the government.
25
THE COURT:
This was in what I gave you all.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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No.
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1
MR. BRILL:
2
we have no objection to it.
3
make its own determination, but I don't think there's
4
anything --
714
If that's the Court's practice, then
Often it's given to the jury to
5
THE COURT:
Not my practice to do that.
I generally
6
have it be the first juror.
7
MR. BRILL:
There's no objection.
8
THE COURT:
Okay.
9
And then I am just not remembering, but whether I
So we need to fill in the name.
10
proposed the last few, I don't think so, but they're all
11
standard instructions in any event, so if you want to just look
12
at them very quickly to make sure you're all fine with the
13
remainder, and then I'll give you a moment if there's anything
14
else on the record.
15
MR. BRILL:
I have no issues with any of them, Judge.
16
THE COURT:
Thank you, Mr. Brill.
17
MS. MURRAY:
Fine with us, your Honor.
18
THE COURT:
Did you have something, Mr. Felton?
19
MR. FELTON:
No, your Honor.
20
MS. MURRAY:
We were just conferring, your Honor,
21
before --
22
THE COURT:
Do you want a minute?
23
MR. FELTON:
I was just confirming we were on the same
24
25
page.
We're okay, your Honor.
THE COURT:
I mean --
Sorry.
No, you don't have to apologize.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
This is
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Document 98
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important.
2
Okay.
So I think that we have a set of instructions
3
to the jury.
4
because we have the one where I need to know which of the two
5
with regard to whether Mr. Ilori testifies or he doesn't
6
testify goes in; and then Mr. Brill, you can look at No. 46,
7
but I believe it comes out.
8
acts.
I'm going to hold off printing them, obviously,
I don't think we had any prior
I understand what you're saying.
So you'll let me know.
9
MR. BRILL:
I will.
10
THE COURT:
Okay.
11
the charges as they now stand?
12
MS. MURRAY:
Not from the government.
13
THE COURT:
I will give you a final opportunity on
14
Thank you.
Are there any other objections to
Monday morning.
15
MR. BRILL:
Yes.
With that understanding, no.
16
THE COURT:
Okay.
All right.
17
715
all I have.
So then I think that's
Do either of you have anything?
18
MS. MURRAY:
No, your Honor.
19
THE COURT:
Mr. Brill?
20
MR. BRILL:
Not beyond that, your Honor.
21
THE COURT:
All right.
22
group at 9:00 on Monday.
23
reporters?
24
THE REPORTER:
25
THE COURT:
Thank you.
Thank you.
So we're going to resume our
Does that work for the court
Yes.
Yes?
Thank you very much.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
I don't know
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1
what we'd do without our court reporters, so I really
2
appreciate it.
716
Thank you.
3
We'll start with the jury at 9:30.
4
ready to move into closing statements fairly early.
5
given the estimates that you've each given us, we should be
6
finished with that well before lunchtime, and hopefully I can
7
charge the jury even before lunch.
8
bit of a later lunch so we'll have to see whether -- where
9
we're at, whether we do the charge first and then lunch or
10
lunch and then charge and let them deliberate.
11
to play it by ear.
12
MR. BRILL:
Hopefully we'll be
I think
It would make for a little
We'll just have
I think my understanding is that you take
13
a lunch order if you're planning on charging them before lunch
14
so --
15
THE COURT:
Yes, we'll do that on Monday morning, yes.
16
Because that is correct, lunch gets brought in for deliberating
17
jurors.
Okay?
18
All right.
If there's nothing else, then I hope
19
everyone has a nice weekend.
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ALL COUNSEL:
21
(Adjourned to October 31, 2022, at 9:00 a.m.)
All right.
Thank you again.
Thank you, your Honor.
22
23
24
25
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:21-cr-00746-MKV
Document 98
1
Filed 11/18/22
Page 203 of 203
INDEX OF EXAMINATION
2
Examination of:
3
CHRISTOPHER RECAIMER
4
Direct by Mr. Brill
5
ELIZABETH PALMER
6
Cross by Mr. Brill . . . . . . . . . . . . . . 538
7
Direct by Mr. Felton . . . . . . . . . . . . . 549
8
ROBERT BATEMAN
9
Direct by Mr. Felton
10
Cross by Mr. Brill . . . . . . . . . . . . . . 562
11
Redirect by Mr. Felton . . . . . . . . . . . . 563
12
DAMJAN HEZIR
13
Direct by Ms. Murray . . . . . . . . . . . . . 565
14
Page
. . . . . . . . . . . . . 532
. . . . . . . . . . . . 550
GOVERNMENT EXHIBITS
15
Exhibit No.
16
540 through 547
. . . . . . . . . . . . . . 569
17
572 through 575
. . . . . . . . . . . . . . 577
18
6, 601 through 612, 621 . . . . . . . . . . . 592
19
Received
through 637, 642 through 678
20
639, 640 and 641
21
638
. . . . . . . . . . . . . . . . . . . . 651
22
660-A
. . . . . . . . . . . . . . . . . . . 640
23
720
. . . . . . . . . . . . . . . . . . . . 606
24
730
. . . . . . . . . . . . . . . . . . . . 637
. . . . . . . . . . . . . . 687
25
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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