Criminal Docket — USA v. Staveley (Dkt. 58-1, D.R.I.)
- Date
- 2010-08-09
Summary
Document 58-1, filed October 18, 2021 in USA v. Staveley, Case 1:20-cr-00074, in the U.S. District Court for the District of Rhode Island, opens with the criminal docket sheet for defendant David Adler Staveley. The docket lists pending counts of conspiracy to commit bank fraud, aggravated identity theft and failure to appear, and records a disposition of 56 months of imprisonment, 3 years of supervised release and a $200.00 special assessment. Its entries run from a May 4, 2020 motion to seal and complaint through release on a $10,000.00 unsecured bond, home detention, arrest in the Northern District of Georgia, and the September 2, 2020 indictment. The filing closes with the end of a government sentencing memorandum, signed by an Assistant U.S. Attorney, arguing that a sentence of 56 months of imprisonment is sufficient, with a certificate of service dated September 24, 2021.
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
Full text
Case 1:20-cr-00074-WES-LDA Document 58-1 Filed 10/18/21 Page1 of 42 PagelD
#: 396
APPEAL,FORFEITURE ALLEGATION
U.S. District Court
District of Rhode Island (Providence)
CRIMINAL DOCKET FOR CASE #: 1:20-cr-00074-MSM-LDA-~-1
Case title: USA v. Staveley
Magistrate judge case number: 1:20—mj—00034-—LDA
Date Filed: 09/02/2020
Date Terminated: 10/12/2021
Assigned to: District Judge Mary
S. McElroy
Referred to: Magistrate Judge
Lincoln D. Almond
Defendant (1)
David Staveley represented by David Staveley
TERMINATED: 10/12/2021 04230049
also known as Donald W. Wyatt Detention Facility
Kurt David Sanborn Unit B #27
TERMINATED. 10/12/2021 950 High Street
also known as Central Falls, RI 02863
David Sanborn PRO SE
TERMINATED: 10/12/2021
also known as George J. West
Kurt Sanborn One Turks Head Place
TERMINATED: 10/12/2021 Suite 312
also known as Providence, RI 02903-2215
David Adler Staveley 861-9042
TERMINATED: 10/12/2021 Fax: 861-0330
Email: giwest@georgejwestlaw.com
TERMINATED: 03/01/2021
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment
Jason P. Knight
The Law Office of Jason Knight
One Turks Head Place
Suite 1440
Providence, RI 02903
401-865-6075
Fax: 866-413-1869
Email: jason. knight@jasonknightlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Case 1:20-cr-00074-WES-LDA Document 58-1
Pending Counts
18:1349 — CONSPIRACY TO
COMMIT BANK FRAUD
(1)
18:1028A — AGGRAVATED
IDENTITY THEFT
(6)
18:3146(a)(1) — FAILURE TO
APPEAR IN COURT AS
REQUIRED
(7)
Highest Offense Level
(Opening)
Felony
Terminated Counts
18:1344 - BANK FRAUD
(2-4)
15:645(a) — FALSE
STATEMENTS TO
Filed 10/18/21 Page 2 of 42 PagelD
Designation: Retained
Mark L. Josephs
Law Office of Mark L. Josephs, LLC
10 Dernre Street
Boston, MA 02114
202-904-4736
Email: mark.josephs@markliosephslaw.com
TERMINATED. 01/08/2021
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Designation: Retained
Jeffrey K. Techentin
Adler Pollock & Sheehan P.C.
One Citizens Plaza
8th Floor
Providence, RI 02903
401-274-7200
Fax: 401-351-4607
Email: jtechentin@apslaw.com
TERMINATED: 01/08/2021
ATTORNEY TO BE NOTICED
Designation: Retained
Disposition
56 months of imprisonment — 44 months as to Count
1 and 12 months as to Count 7 to run consecutive. 3
years of supervised release, $200.00 special
assessment, no fine.
Dismissed.
56 months of imprisonment — 44 months as to Count
1 and 12 months as to Count 7 to run consecutive. 3
years of supervised release, $200.00 special
assessment, no fine.
Disposition
Dismissed.
Dismissed.
Case 1:20-cr-00074-WES-LDA Document58-1 Filed 10/18/21 Page 3 of 42 PagelD
#: 398
INFLUENCE THE SMALL
BUSINESS ADMINISTRATION
(5)
Highest Offense Level
(Terminated)
Felony
Complaints Disposition
18:371, 18:1349, 18:1028A —
Conspiracy to Make False
Statement to Influence the SBA;
Conspiracy to Commit Bank
Fraud; and Aggravated Identity
Theft
Plaintiff
USA represented by Lee Vilker
U.S. Attorney's Office
Fleet Center
50 Kennedy Plaza
8th Floor
Providence, RI 02903
401-709-5044
Fax: 709-5001
Email: lee.vilker@usdo].gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Date Filed # | Page | Docket Text
05/04/2020 1 MOTION to Seal Case by USA as to David Adler Staveley.(Noel, Jeannine)
[1:20—mj—00034—-LDA ] (Entered: 05/04/2020)
05/04/2020 2 ORDER granting 1 Motion to Seal Case as to David Adler Staveley (1). So
Ordered by Magistrate Judge Lincoln D. Almond on 5/4/2020.(Noel, Jeannine)
[1:20—mj—00034—-LDA ] (Entered: 05/04/2020)
05/04/2020 3 COMPLAINT as to David Adler Staveley (1). (Attachments: # 1 Criminal
Cover Sheet, # 2 Criminal Cover Sheet Attachment, # 3 Affidavit)(Noel,
Jeannine) (Additional attachment(s) added on 5/5/2020: # 4 Unredacted Cover
Sheet) (Noel, Jeannine). [1:20—mj—00034—LDA] (Entered: 05/04/2020)
05/05/2020 Arrest of David Adler Staveley (Noel, Jeannine) [1:20—mj—00034-LDA]
(Entered: 05/06/2020)
05/05/2020 ORAL MOTION to Unseal Case by USA as to David Adler Staveley.(Noel,
Jeannine) [1:20—mj—00034—-LDA] (Entered: 05/06/2020)
05/05/2020
Case 1:20-cr-00074-WES-LDA Document58-1 Filed 10/18/21 Page 4 of 42 PagelD
#: 399
ORAL ORDER granting ORAL Motion to Unseal Case as to David Adler
Staveley (1). So Ordered by Magistrate Judge Lincoln D. Almond on
5/5/2020.(Noel, Jeannine) [1:20—mj—00034-LDA] (Entered: 05/06/2020)
05/05/2020
In
ORDER APPOINTING CJA PANEL ATTORNEY as to David Adler Staveley:
the Panel Attorney appointed as CJA Counsel is George J. West for David Adler
Staveley. So Ordered by Magistrate Judge Lincoln D. Almond on 5/5/2020.
(Noel, Jeannine) [1:20—mj—00034-LDA] (Entered: 05/06/2020)
05/05/2020
Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond:
TELEPHONIC Initial Appearance as to David Adler Staveley held on 5/5/2020,
TELEPHONIC Bond Hearing as to David Adler Staveley held on 5/5/2020
(Vilker, West) PTS Finneran; All parties present by phone; Deft present by
phone; Court informs Deft of rights; Deft understands rights and agrees to
telephonic hearing; No objection; Deft informed of rights & charges; Deft
understands rights & charges; CJA appointed; Status Hearing/Preliminary Exam
to be scheduled; Govt requests conditions of release; Deft Counsel requests
conditions of release; Deft released on $10,000.00 unsecured bond and
conditions; Deft informed of penalties if violates; Deft understands penalties and
conditions; Court addresses Deft; Deft understands; Deft released(Court
Reporter Lisa Schwam in Courtroom Telephonic at 4:05 pm.)(Noel, Jeannine)
[1:20—mj—00034—LDA ] (Entered: 05/06/2020)
05/05/2020
IN
Appearance Bond Entered as to David Adler Staveley in amount of $10,000.00
UNSECURED. So Ordered by Magistrate Judge Lincoln D. Almond on
5/5/2020.(Noel, Jeannine) [1:20—mj—00034—-LDA ] (Entered: 05/06/2020)
05/05/2020
NW
ORDER Setting Conditions of Release as to David Adler Staveley (1)
$10,000.00 UNSECURED. So Ordered by Magistrate Judge Lincoln D. Almond
on 5/5/2020.(Noel, Jeannine) (Additional attachment(s) added on 5/6/2020: #1
Unredacted Conditions of Release) (Noel, Jeannine). [1:20—mj—00034-LDA]
(Entered: 05/06/2020)
05/08/2020
NOTICE OF VIDEO HEARING as to David Adler Staveley. VIDEO Status
Hearing/Preliminary Hearing set for 5/15/2020 at 11:30 AM before Magistrate
Judge Lincoln D. Almond. Video instructions will be emailed to parties. Public
Access Information can be found on the Court's Website. (Noel, Jeannine)
[1:20—mj—00034—-LDA ] (Entered: 05/08/2020)
05/09/2020
MODIFIED ORDER Setting Conditions of Release as to David Adler Staveley
(1) $10,000.00 UNSECURED. So Ordered by Magistrate Judge Lincoln D.
Almond on 5/11/2020.(Noel, Jeannine) (Additional attachment(s) added on
5/11/2020: # 1 Unredacted Conditions of Release) (Noel, Jeannine).
[1:20—mj—00034—LDA] (Entered: 05/11/2020)
05/11/2020
MOTION to Amend/Correct Order of Release to Add Condition of Home
Confinement by USA as to David Adler Staveley. Responses due by 5/26/2020.
(Attachments: # 1 Supplement)(Vilker, Lee) (Main Document 11 replaced with
signed document on 5/11/2020) (Hicks, Alyson). [1:20-—mj—00034-LDA ]
(Entered: 05/11/2020)
05/11/2020
TEXT ORDER denying 8 Motion to Seal as to David Adler Staveley (1);
denying 9 Motion to Seal as to David Adler Staveley (1). So Ordered by
Magistrate Judge Lincoln D. Almond on 5/11/2020.(Noel, Jeannine)
[1:20—mj—00034—-LDA] (Entered: 05/11/2020)
Case 1:20-cr-00074-WES-LDA Document58-1 Filed 10/18/21 Page 5 of 42 PagelD
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05/11/2020
—
INO
GOVERNMENTS MOTION FOR REVOCATION OF RELEASE AND
ORDER OF DETENTION by USA as to David Adler Staveley.(Noel, Jeannine)
[1:20—mj—00034—-LDA ] (Entered: 05/11/2020)
05/11/2020
—
es)
Government's Motion to Withdraw its Motion for Revocation of Release and
Order of Detention re 12 Government's Motion for Revocation of Release and
Order of Detention by USA as to David Adler Staveley.(Noel, Jeannine)
[1:20-—mj—00034—-LDA] (Entered: 05/11/2020)
05/11/2020
TEXT ORDER granting 13 Government's Motion to Withdraw its Motion for
Revocation of Release and Order of Detention as to David Adler Staveley (1)
withdrawing 12 Government's Motion for Revocation of Release and Order of
Detention as to David Adler Staveley. So Ordered by Magistrate Judge Lincoln
D. Almond on 5/11/2020.(Noel, Jeannine) [1:20—mj—00034-LDA] (Entered:
05/11/2020)
05/11/2020
TEXT ORDER — GRANTED on a preliminary basis for good cause shown.
Effective immediately, Defendant is subject to home detention with GPS
electronic monitoring. Probation will communicate the specific and standard
parameters of home detention to Defendant as soon as possible and make safe
arrangements to place the electronic monitoring bracelet on Defendant as soon
as reasonably practical. Until the bracelet is activated, Probation shall enforce
the home detention condition through remote means. The Court will address any
objection from Defendant during the video hearing already scheduled for 11:30
am on May 15, 2020. 11 Motion to Amend/Correct Order of Release to Add
Condition of Home Confinement as to David Adler Staveley (1). So Ordered by
Magistrate Judge Lincoln D. Almond on 5/11/2020.(Noel, Jeannine)
[1:20—mj—00034—LDA] (Entered: 05/11/2020)
05/11/2020
MOTION to Extend Time 10 Days Preliminary Hearing and Preliminary Home
Detention and Electronic Monitoring Order by David Adler Staveley.
Responses due by 5/26/2020.(West, George) [1:20-mj—00034-LDA] (Entered:
05/11/2020)
05/12/2020
RESPONSE In Support to by USA as to David Adler Staveley re 14 MOTION
to Extend Time 10 Days Preliminary Hearing and Preliminary Home Detention
and Electronic Monitoring Order Replies due by 5/19/2020. (Vilker, Lee)
[1:20—mj—00034—-LDA ] (Entered: 05/12/2020)
05/12/2020
TEXT ORDER granting 14 MOTION to Extend Time 10 Days Preliminary
Hearing and Preliminary Home Detention and Electronic Monitoring Order as to
David Adler Staveley (1). So Ordered by Magistrate Judge Lincoln D. Almond
on 5/12/2020.(Noel, Jeannine) [1:20—mj—00034—LDA ] (Entered: 05/12/2020)
05/12/2020
RESCHEDULING NOTICE OF VIDEO HEARING as to David Adler
Staveley. VIDEO Preliminary Hearing/Status Hearing RESCHEDULED for
5/26/2020 11:30 AM before Magistrate Judge Lincoln D. Almond. Moved from
5/15/2020. Video instructions to be emailed to parties. Public Access
Information can be found on the Court's Website. (Noel, Jeannine)
[1:20—mj—00034—LDA ] (Entered: 05/12/2020)
05/12/2020
RESCHEDULING NOTICE OF VIDEO HEARING as to David Adler
Staveley. (TIME CHANGE ONLY) VIDEO Preliminary Hearing/Status
Hearing RESCHEDULED for 5/26/2020 at 10:00 AM before Magistrate Judge
Lincoln D. Almond. TIME CHANGE ONLY. MOVED FROM 11:30 AM.
Case 1:20-cr-00074-WES-LDA Document 58-1
Filed 10/18/21 Page 6 of 42 PagelD
#: 401
Video instructions will be emailed to parties. Public Access Information can be
found on the Court's website. (Noel, Jeannine) [1:20—mj—00034-LDA]
(Entered: 05/12/2020)
05/20/2020
MOTION to Extend Time Preliminary Hearing/ Home Detention/GPS
Monitoring Order an Additional Week by David Adler Staveley. Responses due
by 6/3/2020.(West, George) [1:20—mj—00034-LDA] (Entered: 05/20/2020)
05/20/2020
TEXT ORDER granting 16 MOTION to Extend Time Preliminary Hearing/
Home Detention/GPS Monitoring Order an Additional Week as to David Adler
Staveley (1). So Ordered by Magistrate Judge Lincoln D. Almond on
5/20/2020.(Noel, Jeannine) [1:20-—mj—00034-LDA] (Entered: 05/20/2020)
05/20/2020
RESCHEDULING NOTICE OF VIDEO HEARING as to David Adler
Staveley. VIDEO Preliminary Hearing/Status Hearing RESCHEDULED for
6/2/2020 02:00 PM in Remote Hearing before Magistrate Judge Lincoln D.
Almond. MOVED FROM 5/26/2020. Video Instructions will be emailed to
parties. Public Access Information can be found on the Court's Website. (Noel,
Jeannine) [1:20—mj—00034—-LDA] (Entered: 05/20/2020)
05/21/2020
MOTION to Exclude Time Under the Speedy Trial Act by USA as to David
Adler Staveley. Responses due by 6/4/2020.(Vilker, Lee)
[1:20—mj—00034—-LDA ] (Entered: 05/21/2020)
05/22/2020
ORDER granting 17 Motion to Exclude Time as to David Adler Staveley (1). So
Ordered by Magistrate Judge Lincoln D. Almond on 5/22/2020.(Saucier,
Martha) [1:20—mj—00034-LDA] (Entered: 05/22/2020)
05/29/2020
NOTICE OF ATTORNEY APPEARANCE: Jeffrey K. Techentin appearing for
David Adler Staveley (Techentin, Jeffrey) [1:20—mj—00034—LDA] (Entered:
05/29/2020)
05/29/2020
MOTION for Mark L. Josephs to Appear Pro Hac Vice ( filing fee paid $
100.00, receipt number 0103—1507046 ) by David Adler Staveley. Responses
due by 6/12/2020.(Techentin, Jeffrey) [1:20—mj—00034-LDA] (Entered:
05/29/2020)
05/29/2020
TEXT ORDER granting 22 Motion to Appear Pro Hac Vice of Mark L. Josephs
as to David Adler Staveley (1). So Ordered by Magistrate Judge Lincoln D.
Almond on 5/29/2020.(Noel, Jeannine) [1:20-—mj—00034-LDA] (Entered:
05/29/2020)
06/02/2020
Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond:
VIDEO Preliminary Hearing as to David Adler Staveley held on 6/2/2020
(Vilker, Josephs, Techentin) USPO D. Picozzi; All parties present by video;
Defendant not present; Court addresses Deft Counsel; Deft Counsel addresses
Court; Govt addresses Court; Court finds Deft waived appearance; Preliminary
Exam to be continued; Deputy Clerk will check on status in 30 days(Court
Reporter Lisa Schwam/ATT Teleconference Recording in Courtroom Video at
1:58 pm.)(Noel, Jeannine) [1:20—mj—00034-LDA ] (Entered: 06/02/2020)
06/02/2020
MOTION to Withdraw as Attorney by George J. West. by David Adler
Staveley. Responses due by 6/16/2020.(West, George) [1:20—mj—00034-LDA]
(Entered: 06/02/2020)
06/03/2020
Case 1:20-cr-00074-WES-LDA Document58-1 Filed 10/18/21 Page 7 of 42 PagelD
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TEXT ORDER granting 23 Motion to Withdraw as Attorney. George J. West
withdrawn from case as to David Adler Staveley (1). So Ordered by Magistrate
Judge Lincoln D. Almond on 6/3/2020.(Noel, Jeannine) [1:20-—mj—00034-LDA]
(Entered: 06/03/2020)
07/24/2020
Arrest of David Adler Staveley in Northern District of Georgia (Atlanta). (Noel,
Jeannine) [1:20—mj—00034—LDA] (Entered: 07/29/2020)
07/29/2020
Rule 5(c)(3) Documents Received from Northern District of Georgia (Atlanta)
as to David Adler Staveley (Noel, Jeannine) [1:20—mj—00034-LDA] (Entered:
07/29/2020)
08/04/2020
NOTICE OF VIDEO HEARING DEFENDANT REQUEST as to David
Adler Staveley. VIDEO Bond Revocation Hearing and Preliminary Exam set for
8/5/2020 at 01:30 PM in Remote Hearing before Magistrate Judge Lincoln D.
Almond. Video information will be emailed to parties. Public Access
Information can be found on the Court's website. (Noel, Jeannine)
[1:20—mj—00034—LDA] (Entered: 08/04/2020)
08/05/2020
Minute Entry for proceedings held before Magistrate Judge Lincoln D.
Almond:Bond Revocation Hearing as to David Adler Staveley held on 8/5/2020.
Lee Vilker for the government; Jeffrey Techentin and Mark Josephs for the
defendant; David Picozzi for probation. Defendant has no objection to
appearance by video; Court informs defendant of his rights; Court orders
defendant detained pending further proceedings; Court schedules preliminary
hearing and Bond Revocation for 8/26/2020 at 10:00 am.(Courtroom Video
Hearing at 1:36.)(Saucier, Martha) [1:20—mj—00034—LDA] (Entered:
08/05/2020)
08/05/2020
TEXT ORDER: Defendant is ordered to remain detained pending further
proceedings as to David Adler Staveley. So Ordered by Magistrate Judge
Lincoln D. Almond on 8/5/2020.(Saucier, Martha) [1:20—mj—00034—-LDA ]
(Entered: 08/05/2020)
08/05/2020
NOTICE OF HEARING DEFENDANT REQUEST as to David Adler
Staveley. Preliminary Hearing set for 8/26/2020 10:00 at AM in Remote
Hearing before Magistrate Judge Lincoln D. Almond. Invitation and instructions
emailed to counsel of record.(Saucier, Martha) [1:20—mj—00034-LDA ]
(Entered: 08/05/2020)
08/21/2020
ARREST Warrant Returned Executed on 7/23/2020 Georgia in case as to David
Adler Staveley. (Noel, Jeannine) [1:20—mj—00034-LDA] (Entered: 08/21/2020)
08/25/2020
Assented MOTION to Continue Preliminary Hearing by David Adler Staveley.
Responses due by 9/8/2020. (Attachments: # 1 Proposed Order)(Josephs, Mark)
[1:20—mj—00034—-LDA] (Entered: 08/25/2020)
08/26/2020
TEXT ORDER granting 26 Motion to Continue Preliminary Hearing as to
David Adler Staveley (1). So Ordered by Magistrate Judge Lincoln D. Almond
on 8/26/2020.(Noel, Jeannine) [1:20—mj—00034—LDA ] (Entered: 08/26/2020)
08/26/2020
HEARING CANCELLED as to David Adler Staveley: Preliminary Hearing
CANCELLED for 8/26/2020 10:00 at AM in Remote Hearing before Magistrate
Judge Lincoln D. Almond. TO BE RESCHEDULED. (Noel, Jeannine)
[1:20—mj—00034—-LDA] (Entered: 08/26/2020)
Case 1:20-cr-00074-WES-LDA Document58-1 _ Filed 10/18/21 Page 8 of 42 PagelD
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08/26/2020
NOTICE OF VIDEO CONFERENCE as to David Adler Staveley. VIDEO
Conference with Counsel only set for 8/26/2020 at 10:00 AM before Magistrate
Judge Lincoln D. Almond. Video Information will be emailed to parties. (Noel,
Jeannine) [1:20—mj—00034-LDA] (Entered: 08/26/2020)
08/26/2020
Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond:
VIDEO Status Conference with Counsel only as to David Adler Staveley held
on 8/26/2020 (Vilker, Josephs, Techentin)(Noel, Jeannine)
[1:20—mj—00034—-LDA] (Entered: 08/26/2020)
08/26/2020
NOTICE OF VIDEO HEARING DEFENDANT REQUEST as to David
Adler Staveley. VIDEO Preliminary Hearing/Bond Revocation Hearing/Status
of Counsel RESCHEDULED for 9/21/2020 10:00 AM in Remote Hearing
before Magistrate Judge Lincoln D. Almond. MOVED FROM 8/26/2020 PER
AGREEMENT OF COUNSEL. Video Information will be emailed to parties.
Public Access Information can be found on the Court's website. (Noel, Jeannine)
[1:20—mj—00034—LDA ] (Entered: 08/26/2020)
09/02/2020
INDICTMENT as to David Staveley (1) count(s) 1, 2-4, 5, 6, 7. (Attachments: #
1 Criminal Cover Sheet)(Noel, Jeannine) (Entered: 09/02/2020)
09/02/2020
NOTICE OF FORFEITURE ALLEGATION by USA as to David Staveley re
27 Indictment (Noel, Jeannine) (Entered: 09/02/2020)
09/02/2020
CASE CONDITIONALLY ASSIGNED Related Case Number
CR20—-72MSM-LDA based upon the indication on the cover sheet that a related
case previously was assigned to the presiding judge. The assignment is subject
to the presiding judge's determination that the cases, in fact, are related. (Noel,
Jeannine) (Entered: 09/02/2020)
09/02/2020
NOTICE OF VIDEO HEARING DEFENDANT REQUEST as to David
Staveley. VIDEO Arraignment/Bond Hearing/Status of Counsel set for
9/21/2020 at 10:00 AM in Remote Hearing before Magistrate Judge Lincoln D.
Almond. This Arraignment replaces the Preliminary Exam. The same video
information applies. (Noel, Jeannine) (Entered: 09/02/2020)
09/11/2020
CASE PERMANENTLY ASSIGNED Since District Judge Mary S. McElroy
has determined that this case is in fact related to 1:20-—CR-72-MSM-LDA this
case is permanently assigned to District Judge Mary S. McElroy for all further
proceedings. (Urizandi, Nisshy) (Entered: 09/11/2020)
09/21/2020
Minute Entry for proceedings held before Magistrate Judge Lincoln D.
Almond:VIDEO Arraignment as to David Staveley (1) Count 1,2—4,5,6,7 held
on 9/21/2020, VIDEO Bond Revocation Hearing as to David Staveley held on
9/21/2020 (Vilker, Josephs) USPO D. Picozzi; All parties present by video; Deft
present by video; Court addresses parties; No objection to video hearing; Deft
Counsel addresses Court; Court informs Deft of rights & charges; Deft
understands rights & charges; Not guilty plea entered; Arraignment order to be
entered; Court finds bail violation; Bail revoked; Deft remanded(Court Reporter
Karen Wischnowsky/Zoom Recording in Courtroom Video at 10:10 am.)(Noel,
Jeannine) (Entered: 09/21/2020)
09/21/2020
ARRAIGNMENT ORDER as to David Staveley. Motions due by 12/14/2020.
So Ordered by Magistrate Judge Lincoln D. Almond on 9/21/2020. (Noel,
Jeannine) (Entered: 09/21/2020)
Case 1:20-cr-00074-WES-LDA Document58-1 Filed 10/18/21 Page 9 of 42 PagelD
#: 404
09/21/2020
ORDER OF DETENTION as to David Staveley. So Ordered by Magistrate
Judge Lincoln D. Almond on 9/21/2020.(Noel, Jeannine) (Entered: 09/21/2020)
12/14/2020
TEXT ORDER: Due to the guidance issued by the Centers for Disease Control
and Prevention and the Rhode Island Department of Health to slow the
transmission of COVID—19 and the severity of risk posed to the public who may
serve as jurors, the jury empanelment scheduled in December is cancelled, and
this case is continued to the January 2021 trial calendar. The Court finds that
pursuant to 18 USC 3161(h)(7)(A) the ends of justice served by ordering this
continuance outweighs the interest of the public and the defendant's right to a
speedy trial as to David Staveley — So Ordered by District Judge Mary S.
McElroy on 12/14/2020. (Urizandi, Nisshy) (Entered: 12/14/2020)
12/30/2020
NOTICE OF REMOTE HEARING as to David Staveley: Pre Calendar Call set
for 1/8/2021 at 2:00 PM via Zoom before District Judge Mary S. McElroy. The
Zoom access information will be sent to counsel by email. (Urizandi, Nisshy)
(Entered: 12/30/2020)
01/06/2021
MOTION to Withdraw as Attorney by Mark Josephs. by David Staveley.
Responses due by 1/20/2021.(Josephs, Mark) (Entered: 01/06/2021)
01/07/2021
AMENDED NOTICE OF REMOTE HEARING as to David Staveley. Pre
Calendar Call set for 1/8/2021 at 01:30 PM before District Judge Mary S.
McElroy. The Court will send Zoom access information to counsel by email.
(Urizandi, Nisshy) (Entered: 01/07/2021)
01/08/2021
MOTION for Compassionate Release by David Staveley. Responses due by
1/22/2021.(Josephs, Mark) (Entered: 01/08/2021)
01/08/2021
Minute Entry for proceedings held before District Judge Mary S. McElroy:
PreCalendar Call as to David Staveley held on 1/8/2021. AUSA Lee Kilver,
Defense Counsel Mark Josephs and Jeffrey Techentin participated. (via Zoom at
1:25 p.m.) (Urizandi, Nisshy) (Entered: 01/08/2021)
01/08/2021
ORAL MOTION to Withdraw as Attorney by Jeffrey K. Techentin by David
Staveley. Responses due by 1/22/2021. (Urizandi, Nisshy) (Entered:
01/08/2021)
01/08/2021
ORAL MOTION to Continue Pretrial Deadlines and Empanelment for 60 days
by David Staveley. Responses due by 1/22/2021.(Urizandi, Nisshy) (Entered:
01/08/2021)
01/08/2021
ORAL ORDER granting Motion to Continue as to David Staveley (1). All
deadlines previously ordered are vacated. This case will be placed on the March
2021 trial calendar. The time requested shall be deemed excludable pursuant to
18 U.S.C. § 3161(h)(7) of the Speedy Trial Act — So Ordered by District Judge
Mary S. McElroy on 1/8/2021. (Urizandi, Nisshy) (Entered: 01/08/2021)
01/08/2021
TEXT ORDER granting 32 Motion to Withdraw as Attorney; granting Oral
Motion to Withdraw as Attorney. Mark L. Josephs and Jeffrey K. Techentin
withdrawn from case as to David Staveley (1) — So Ordered by District Judge
Mary S. McElroy on 1/8/2021. (Urizandi, Nisshy) (Entered: 01/08/2021)
01/11/2021
RESPONSE In Opposition to by USA as to David Staveley re 33 MOTION for
Compassionate Release Replies due by 1/19/2021. (Vilker, Lee) (Entered:
01/11/2021)
Case 1:20-cr-00074-WES-LDA Document 58-1 Filed 10/18/21 Page 10 of 42 PagelD
#: 405
01/11/2021
ORDER APPOINTING CJA PANEL ATTORNEY as to David Staveley: the
Panel Attorney appointed as CJA Counsel is George J. West. So Ordered by
Magistrate Judge Lincoln D. Almond on 1/11/2021. (Noel, Jeannine) (Entered:
01/11/2021)
01/14/2021
NOTICE OF VIDEO HEARING DEFENDANT REQUEST as to David
Staveley. VIDEO Hearing on 33 MOTION for Compassionate Release : VIDEO
Motion Hearing set for 1/29/2021 at 10:00 AM in Remote Hearing before
Magistrate Judge Lincoln D. Almond.(Zoom Meeting ID: 160 945 9265,
Passcode: 030364) (Noel, Jeannine) (Entered: 01/14/2021)
01/27/2021
TEXT ORDER as to David Staveley: Due to the guidance issued by the Centers
for Disease Control and Prevention and the Rhode Island Department of Health
to slow the transmission of COVID-—19 and the severity of risk posed to the
public who may serve as jurors, the jury empanelments scheduled for January,
February, and March 2021 are cancelled, and this case is continued. This case
will be placed on the April 2021 trial calendar. The time shall be deemed
excludable pursuant to 18 U.S.C. § 3161(h)(7) of the Speedy Trial Act — So
Ordered by District Judge Mary S. McElroy on 1/27/2021. (Urizandi, Nisshy)
(Entered: 01/27/2021)
01/28/2021
MOTION to Continue Hearing on Motion for Compassionate Release by David
Staveley. Responses due by 2/11/2021.(West, George) (Entered: 01/28/2021)
01/28/2021
TEXT ORDER granting 36 Motion to Continue as to David Staveley (1). So
Ordered by Magistrate Judge Lincoln D. Almond on 1/28/2021.(Noel, Jeannine)
(Entered: 01/28/2021)
01/28/2021
RESCHEDULING NOTICE OF HEARING DEFENDANT REQUEST as
to David Staveley. VIDEO Hearing on 33 MOTION for Compassionate Release
: VIDEO Motion Hearing RESCHEDULED for 2/12/2021 at 11:00 AM in
Remote Hearing before Magistrate Judge Lincoln D. Almond. MOVED FROM
1/29/2021(Zoom Meeting ID: 160 945 9265, Passcode: 030364) (Noel,
Jeannine) (Entered: 01/28/2021)
02/11/2021
MOTION to Continue Bail Hearing by David Staveley. Responses due by
2/25/2021.(West, George) (Entered: 02/11/2021)
02/11/2021
TEXT ORDER granting 37 Motion to Continue as to David Staveley (1). So
Ordered by Magistrate Judge Lincoln D. Almond on 2/11/2021.(Noel, Jeannine)
(Entered: 02/11/2021)
02/11/2021
RESCHEDULING NOTICE OF VIDEO HEARING DEFENDANT
REQUEST as to David Staveley. Hearing on 33 MOTION for Compassionate
Release : VIDEO Motion Hearing RESCHEDULED for 3/1/2021 at 11:00 AM
in Remote Hearing before Magistrate Judge Lincoln D. Almond. MOVED
FROM 2/12/2021. (Zoom Meeting ID: 160 945 9265, Passcode: 030364) (Noel,
Jeannine) (Entered: 02/11/2021)
02/25/2021
TEXT ORDER as to David Staveley: The Court will resume criminal jury trials
in April 2021. Due to the suspension of criminal jury trials from March 2020 to
March 2021 because of the COVID—19 pandemic and the number of defendants
currently awaiting trial, this case is continued to the June 2021 trial calendar.
The Court finds that pursuant to 18 USC § 3161(h)(7)(A) the ends of justice
served by ordering this continuance outweigh the best interests of the public and
10
Case 1:20-cr-00074-WES-LDA Document 58-1 Filed 10/18/21 Page 11 of 42 PagelD
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the defendant's right to a speedy trial. However, if the defendant seeks to be
added to the April 2021 trial calendar, defense counsel must file a motion to be
added to the April calendar call by March 1, 2021 — So Ordered by District
Judge Mary S. McElroy on 2/25/2021. (Urizandi, Nisshy) (Entered: 02/25/2021)
03/01/2021
Appearance Entered for Jason P. Knight appearing for David Staveley (Noel,
Jeannine) (Entered: 03/01/2021)
03/01/2021
Attorney update in case as to David Staveley. Attorney George J. West
terminated. (Noel, Jeannine) (Entered: 03/01/2021)
03/01/2021
Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond:
VIDEO Motion Hearing as to David Staveley held on 3/1/2021 re 33 MOTION
for Compassionate Release filed by David Staveley (Vilker, West, Knight)
USPO D. Picozzi; All parties present by video; Deft present by video; No
objection to video hearing; Court advises Deft of rights; Retained Counsel
present; Court reviews case; Atty Knight addresses the Court and requests
continuance; No objection from the Govt; Court addresses Deft Counsel;
Hearing continued; Atty West addresses the Court; Govt addresses the Court;
Deft remanded(Court Reporter Zoom Recording in Courtroom Video at 11:10
am.)(Noel, Jeannine) (Entered: 03/01/2021)
03/01/2021
NOTICE OF VIDEO HEARING DEFENDANT REQUEST as to David
Staveley. VIDEO Hearing on 33 MOTION for Compassionate Release : VIDEO
Motion Hearing set for 3/22/2021 at 11:00 AM in Remote Hearing before
Magistrate Judge Lincoln D. Almond.(Zoom Meeting ID: 160 945 9265,
Passcode: 030364) (Noel, Jeannine) (Entered: 03/01/2021)
03/01/2021
NOTICE OF ATTORNEY APPEARANCE: Jason P. Knight appearing for
David Staveley (Knight, Jason) (Entered: 03/01/2021)
03/02/2021
MOTION to Seal by David Staveley. (Knight, Jason) Modified (Unsealed) on
3/4/2021 (Noel, Jeannine). (Entered: 03/02/2021)
03/03/2021
MOTION to Seal filed by USA as to David Staveley. (Attachments: # 1
Government's Response)(Vilker, Lee) Modified (Unsealed) on 3/4/2021 (Noel,
Jeannine). (Entered: 03/03/2021)
03/04/2021
TEXT ORDER — Defendant moves in ECF # 39 to seal his previously filed
motion for compassionate release (ECF # 33) and the Government's opposition
thereto (ECF # 34) because they contain personal and sensitive health
information. The Government has no opposition to the sealing request. (ECF #
40). Absent opposition from the Government and for good cause shown, the
motion to seal ECF #s 33 and 34 (ECF # 39) is GRANTED. However, the Court
notes that the pleadings in question were filed by Defendant's counsel several
weeks ago without any request to seal and thus they have been in the public
domain for that entire time and have apparently already been the subject of some
legitimate media reporting. Despite granting the request to seal going forward,
the Court has some concern, due to Defendant's lengthy delay in moving to seal
and the existing legitimate public dissemination of that unsealed information,
that any privacy concerns of Defendant in these pleadings may have been
waived under these circumstances or that these circumstances on balance may
otherwise support a finding that the interests of public access to Court filings
outweigh Defendant's privacy interests at this time. Accordingly, this sealing
Order is without prejudice to future consideration of those issues if the Court
11
Case 1:20-cr-00074-WES-LDA Document 58-1 Filed 10/18/21 Page 12 of 42 PagelD
#: 407
receives a non—party motion to unseal the pleadings. The Clerk shall maintain
ECF #s 33 and 34 under seal until further order of the Court. This Text Order
and ECF #s 39 and 40 shall not be sealed filings. So Ordered by Magistrate
Judge Lincoln D. Almond on 3/4/2021.(Noel, Jeannine) (Entered: 03/04/2021)
03/19/2021
MOTION to Withdraw Document Motion for Compassionate Release by David
Staveley. Responses due by 4/2/2021.(Knight, Jason) (Entered: 03/19/2021)
03/19/2021
TEXT ORDER withdrawing 33 MOTION for Compassionate Release as to
David Staveley (1); granting 41 Motion to Withdraw Document as to David
Staveley (1). So Ordered by Magistrate Judge Lincoln D. Almond on
3/19/2021.(Noel, Jeannine) (Entered: 03/19/2021)
03/19/2021
HEARING CANCELLED as to David Staveley: VIDEO Motion Hearing
CANCELLED for 3/22/2021 at 11:00 AM in Remote Hearing before Magistrate
Judge Lincoln D. Almond. (Noel, Jeannine) (Entered: 03/19/2021)
04/27/2021
NOTICE OF HEARING as to David Staveley. This matter is on the list of cases
for the June 2021 trial calendar. The calendar call will be held on May 11, 2021
at 9:30 AM via Zoom before District Judge Mary S. McElroy. Due to the
number of cases scheduled, parties seeking to continue this matter must file a
motion to continue by May 7, 2021, to be removed from the calendar call
notice. (Zoom ID: 160 126 7400, Password: 520445) (Urizandi, Nisshy)
(Entered: 04/27/2021)
05/06/2021
PLEA AGREEMENT as to David Staveley (Vilker, Lee) (Entered: 05/06/2021)
05/10/2021
NOTICE OF HEARING DEFENDANT REQUEST as to David Staveley.
Change of Plea Hearing set for 5/17/2021 at 10:30 AM via Zoom before District
Judge Mary S. McElroy. (Zoom Meeting ID: 160 281 4721, Passcode: 120394)
(Urizandi, Nisshy) (Entered: 05/10/2021)
05/17/2021
Minute Entry for proceedings held before District Judge Mary S.
McElroy:Change of Plea Hearing as to David Staveley held on 5/17/2021, Plea
entered by David Staveley (1) Guilty Count 1,7. Lee Vilker for
Government.Jason Knight for Defendant. Defendant sworn. Defendant
Defendant waives right to appear in person and consents to appear via video.
Court verifies that the Defendant has reviewed the charges & plea agreement
with his attorney. Court questions Defendant and reviews maximum penalties,
sentencing guidelines, and constitutional rights. Government outlines the legal
elements and facts of the case. Defendant agrees with Government's outline.
Defendant pleads guilty to Counts 1 & 7. Defendant requests in person
sentencing. Sentencing 8/2/2021 10:00 am in the JAR. Defendant remanded.
Court adjourned.(Court Reporter Karen Wischnowsky in Courtroom Zoom
Video at 10:40am.)(McGuire, Vickie) (Entered: 05/17/2021)
05/17/2021
NOTICE OF HEARING DEFENDANT REQUEST as to David Staveley.
Sentencing set for 8/5/2021 at 10:00 AM in Jury Assembly before District Judge
Mary S. McElroy. Please Note: Date & time has changed. (McGuire, Vickie)
(Entered: 05/17/2021)
07/14/2021
44
MOTION to Continue by David Staveley. Responses due by
7/28/2021.(Knight, Jason) (Entered: 07/14/2021)
07/15/2021
12
Case 1:20-cr-00074-WES-LDA Document 58-1 Filed 10/18/21 Page 13 of 42 PagelD
#: 408
TEXT ORDER granting 44 Motion to Continue as to David Staveley (1). So
Ordered by District Judge Mary S. McElroy on 7/15/2021.(Potter, Carrie)
(Entered: 07/15/2021)
07/15/2021
NOTICE OF HEARING DEFENDANT REQUEST as to David Staveley.
Sentencing rescheduled for 10/5/2021 at 10:00 AM in Courtroom 2 before
District Judge Mary S. McElroy.(Potter, Carrie) (Entered: 07/15/2021)
09/13/2021
OBJECTION TO PRESENTENCE REPORT by David Staveley (Attachments:
# 1 Supporting Memorandum)(Knight, Jason) (Entered: 09/13/2021)
09/14/2021
NOTICE OF HEARING DEFENDANT REQUEST as to David Staveley.
Sentencing rescheduled for 9/30/2021 at 02:00 PM in Jury Assembly before
District Judge Mary S. McElroy. Please note date and time change.(Public Zoom
Information: Meeting ID: 161 560 5365, Passcode: 139701) (Potter, Carrie)
(Entered: 09/14/2021)
09/24/2021
SENTENCING MEMORANDUM by USA as to David Staveley (Vilker, Lee)
(Entered: 09/24/2021)
09/29/2021
HEARING CANCELLED as to David Staveley: Due to the COVID-19
outbreak at Wyatt Detention Center, the Sentencing scheduled for 9/30/2021 at
02:00 PM in Jury Assembly before District Judge Mary S. McElroy is hereby
cancelled. (Potter, Carrie) (Entered: 09/29/2021)
09/29/2021
NOTICE OF HEARING DEFENDANT REQUEST as to David Staveley.
Sentencing set for 10/5/2021 at 02:00 PM in Remote Hearing before District
Judge Mary S. McElroy.(Zoom Meeting ID: 161 560 5365, Passcode: 139701)
(Potter, Carrie) (Entered: 09/29/2021)
10/04/2021
HEARING CANCELLED ‘Sentencing set for 10/5/2021 at 02:00 PM in Remote
Hearing before District Judge Mary S. McElroy is hereby cancelled. (Potter,
Carrie) (Entered: 10/04/2021)
10/04/2021
NOTICE OF HEARING DEFENDANT REQUEST as to David Staveley.
Sentencing set for 10/7/2021 at 11:00 AM in Jury Assembly before District
Judge Mary S. McElroy. PLEASE NOTE: THIS IN A IN-PERSON
HEARING.(Zoom Meeting ID: 161 560 5365, Passcode: 139701) (Potter,
Carrie) (Entered: 10/04/2021)
10/07/2021
Minute Entry for proceedings held before District Judge Mary S.
McElroy:Sentencing held on 10/7/2021 for David Staveley : L. Vilker, J.
Knight. M. Picozzi, US Probation. Deft present. Court verifies that defense
counsel has reviewed the PSR with the deft. Objections made. Arguments heard.
For the reasons stated in open court, the Court grants objections in part and
overtules objections in part. Court sets forth the advisory sentencing guideline
calculations in this case. Govt and defense counsel each give their sentencing
recommendations. Deft exercises his right to allocution. 1 impact statement
given. Court addresses and sentences the deft to 56 months of imprisonment —
44 months as to Count 1 and 12 months as to Count 7 to run consecutive. 3 years
of supervised release, $200.00 special assessment, no fine. Court verifies that
the deft has waived his right to appeal pursuant to the plea agreement filed in
this case. Deft remanded. Recess.(Court Reporter D. Veitch in Courtroom Jury
Assembly Room at 11:30 am.)(Potter, Carrie) (Entered: 10/07/2021)
13
Case 1:20-cr-00074-WES-LDA Document 58-1 Filed 10/18/21 Page 14 of 42 PagelD
#: 409
10/12/2021
JUDGMENT as to David Staveley (1), Count(s) 1, 7, 56 months of
imprisonment — 44 months as to Count 1 and 12 months as to Count 7 to run
consecutive. 3 years of supervised release, $200.00 special assessment, no fine.;
Count(s) 2—4, 5, 6, Dismissed.. So Ordered by District Judge Mary S. McElroy
on 10/12/2021.(Potter, Carrie) (Entered: 10/12/2021)
10/15/2021
NOTICE OF APPEAL by David Staveley as to Sentencing.
NOTICE TO COUNSEL: Counsel should register for a First Circuit
CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf/.
Counsel should also review the First Circuit requirements for electronic
filing by visiting the CM/ECF Information section at
http://www.cal.uscourts.gov/cmecf Appeal Record due by 11/15/2021.
(Attachments: # 1 Envelope)(Kenny, Meghan) (Entered: 10/15/2021)
10/15/2021
MOTION to Appoint Counsel by David Staveley. Responses due by
10/29/2021. (Attachments: # 1 Envelope)(Kenny, Meghan) (Entered:
10/15/2021)
10/15/2021
MOTION for Return of Property/PostTrial by David Staveley. Responses due
by 10/29/2021.(Kenny, Meghan) (Entered: 10/15/2021)
14
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C@asd 200ecQ000444KESM-DBA Document 58-1Fildél#0/10/28/2Pag@ age 78 Baga lPaBe9D
#: 413
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet |
UNITED STATES DISTRICT COURT
DISTRICT OF RHODE ISLAND
UNITED STATES OF AMERICA ) JUDGMENT IN A CRIMINAL CASE
v. )
David Staveley Case Number: 1:20CR00074-01MSM
a.k.a. Kurt Sanborn, a.k.a David Sanborn USM Number: 04230-049
) Jason P. Knight, Esq.
Defendant’s Attorney
THE DEFENDANT:
if pleaded guilty to count(s) 1 and 7 of the Indictment
CL] pleaded nolo contendere to count(s)
which was accepted by the court.
LJ was found guilty on count(s)
after a plea of not guilty.
The defendant is adjudicated guilty of these offenses:
Title & Section Nature of Offense Offense Ended Count
18 U.S.C § 1349 Conspiracy to Commit Bank Fraud 1
4/27/2020
18 U.S.C. § 3146(a)(1) Failure to Appear in Court as Required 7
7/23/2020
The defendant is sentenced as provided in pages 2 through 7 of this judgment. The sentence is imposed pursuant to
the Sentencing Reform Act of 1984.
L] The defendant has been found not guilty on count(s)
if Count(s) 2-6 C1 is “A are dismissed on the motion of the United States.
_. Itis ordered that the defendant must notify the United States attorney for this district within 30 days of any change of name, residence,
or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay restitution,
the defendant must notify the court and United States attorney of material changes in economic circumstances.
10/7/2021
Date of Imposition of Judgment
tun M' Neg —
YU ‘ C)
Mary S. McElroy
US District Judge
Signature of Judge
Name and Title of Judge
10/12/2021
Date
18
C@asd 200:c8000444KESM-DBA Document 58-1Fildél#0/10/28/2Pag@age 79 Baga lasE0D
AO 245B (Rev. 09/19) Judgment in Criminal #. 414
Case Sheet 2 — Imprisonment
Judgment — Page 2 of
DEFENDANT: David Staveley
CASE NUMBER: 1:20CR00074-01MSM
IMPRISONMENT
The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total term of:
56 months;
44 months as to Count 1 and 12 months as to Count 7 to be served consecutive to each toher.
7 The court makes the following recommendations to the Bureau of Prisons:
The defendant be placed at Fort Devens or a facility as close to Massachusetts at possible for familial reasons.
Vf The defendant is remanded to the custody of the United States Marshal.
C1 The defendant shall surrender to the United States Marshal for this district:
OO at [lam OJ pm on
Las notified by the United States Marshal.
L] The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
C1] before 2 p.m. on
Las notified by the United States Marshal.
[1 as notified by the Probation or Pretrial Services Office.
RETURN
I have executed this judgment as follows:
Defendant delivered on to
a , with a certified copy of this judgment.
UNITED STATES MARSHAL
By
DEPUTY UNITED STATES MARSHAL
19
C@asd 2O0:cQ000444KESM-DBA Document 58-1Fildél#6/10/28/2Pag@age Z0 Baga lPagE1D
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AO 245B (Rev. 09/19) Judgment ina Criminal Case
Sheet 3 — Supervised Release
Judgment—Page 3 of t
DEFENDANT: David Staveley
CASE NUMBER: 1:20CR00074-01MSM
SUPERVISED RELEASE
Upon release from imprisonment, you will be on supervised release for a term of :
3 years;
3 years as to Counts 1 and 7 to run concurrent with each other.
MANDATORY CONDITIONS
1. You must not commit another federal, state or local crime.
You must not unlawfully possess a controlled substance.
3. You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15 days of release from
imprisonment and at least two periodic drug tests thereafter, as determined by the court.
(1 The above drug testing condition is suspended, based on the court's determination that you
pose a low risk of future substance abuse. (check if applicable)
4. L] You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence of
restitution. (check if applicable)
You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
UN
You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. § 20901, et seq.) as
directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in the location where you
reside, work, are a student, or were convicted of a qualifying offense. (check if applicable)
7. L] You must participate in an approved program for domestic violence. (check if applicable)
You must comply with the standard conditions that have been adopted by this court as well as with any other conditions on the attached
page.
20
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AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 3A — Supervised Release
Judgment—Page 4 of 7
DEFENDANT: David Staveley
CASE NUMBER: 1:20CR00074-01MSM
STANDARD CONDITIONS OF SUPERVISION
As part of your supervised release, you must comply with the following standard conditions of supervision. These conditions are imposed
because they establish the basic expectations for your behavior while on supervision and identify the minimum tools needed by probation
officers to keep informed, report to the court about, and bring about improvements in your conduct and condition.
1. You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of your
release from imprisonment, unless the probation officer instructs you to report to a different probation office or within a different time
frame.
2. After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how and
when you must report to the probation officer, and you must report to the probation officer as instructed.
3. You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission from the
court or the probation officer.
You must answer truthfully the questions asked by your probation officer.
You must live at a place approved by the probation officer. If you plan to change where you live or anything about your living
arrangements (such as the people you live with), you must notify the probation officer at least 10 days before the change. If notifying
the probation officer in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72
hours of becoming aware of a change or expected change.
6. You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation officer to
take any items prohibited by the conditions of your supervision that he or she observes in plain view.
7. You must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses you from
doing so. If you do not have full-time employment you must try to find full-time employment, unless the probation officer excuses
you from doing so. If you plan to change where you work or anything about your work (such as your position or your job
responsibilities), you must notify the probation officer at least 10 days before the change. If notifying the probation officer at least 10
days in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of
becoming aware of a change or expected change.
8. You must not communicate or interact with someone you know is engaged in criminal activity. If you know someone has been
convicted of a felony, you must not knowingly communicate or interact with that person without first getting the permission of the
probation officer.
9. Ifyou are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.
10. You must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (1.e., anything that was
designed, or was modified for, the specific purpose of causing bodily injury or death to another person such as nunchakus or tasers).
11. You must not act or make any agreement with a law enforcement agency to act as a confidential human source or informant without
first getting the permission of the court.
12. Ifthe probation officer determines that you pose a risk to another person (including an organization), the probation officer may
require you to notify the person about the risk and you must comply with that instruction. The probation officer may contact the
person and confirm that you have notified the person about the risk.
13. You must follow the instructions of the probation officer related to the conditions of supervision.
we
U.S. Probation Office Use Only
A USS. probation officer has instructed me on the conditions specified by the court and has provided me with a written copy of this
judgment containing these conditions. For further information regarding these conditions, see Overview of Probation and Supervised
Release Conditions, available at: www.uscourts. gov.
Defendant's Signature Date
21
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AO 245B(Rev. 09/19) Judgment in a Criminal Case :
( ) Sheet 3D — Supervised Release #. 417
Judgment—Page 5 of t
DEFENDANT: David Staveley
CASE NUMBER: 1:20CR00074-01MSM
SPECIAL CONDITIONS OF SUPERVISION
1. The defendant shall refrain from any alcohol use.
2. The defendant shall participate in a program of substance abuse testing to include alcohol testing (up to 72 drug tests
per year), as directed and approved by the Probation Office.
3. The defendant shall participate in a program of mental health as directed and approved by the Probation Office.
4. The defendant shall participate in a manualized behavioral program as directed by the USPO. Such program may
include group sessions led by a counselor or participation in a program administered by the USPO
5. The defendant shall contribute to the cost of all ordered treatment and testing based on ability to pay as determined by
the probation officer.
6. The defendant is to provide access to all financial information requested by the supervising probation officer including,
but not limited to, copies of all federal and state income tax returns. All tax returns shall be filed in a timely manner.
7. The defendant will not open new lines of credit, which includes the leasing of any vehicle or other property or use
existing credit resources without the prior approval of the supervising probation officer until court ordered financial
obligations have been satisfied.
8. The defendant will maintain one personal checking account. All the defendant’s income, monetary gains, or other
pecuniary proceeds will be deposited into this account, which will also be used for payment of all personal expenses.
Records of all other bank accounts, including business accounts, will be disclosed to the supervising probation officer upon
request.
9. The defendant will not transfer, sell, give away, or otherwise convey any asset with a fair market value in excess of
$1,000.00 without the approval of the supervising probation officer until all financial obligations imposed by this court have
been satisfied.
10. The defendant will not hold employment having fiduciary responsibilities during the supervision term without first
notifying the employer of the conviction. The defendant will not hold self-employment having fiduciary responsibilities
without approval of the supervising probation officer.
11. The defendant will cooperate with the U.S. Probation Office in the investigation and approval of any position of
self-employment, including any independent, entrepreneurial, or freelance employment or business activity. If approved for
self-employment, the defendant will provide the U.S. Probation Office with full disclosure of self-employment
and other business records, including, but not limited to, all of the records identified in the Probation Form 48F (Request
for Self-Employment Records), or as otherwise requested by the U.S. Probation Office
22
Caasd 2AGscH00044AKESM-DBA Document 58-1Fildél@6/10/28/2Pag@éqH 23 Page lBage4D
AO 245B (Rev. 09/19) Judgment in a Criminal Case #: 418
Sheet 5 — Criminal Monetary Penalties
Judgment — Page 6 of 7
DEFENDANT: David Staveley
CASE NUMBER: 1:20CR00074-01MSM
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.
Assessment Restitution Fine AVAA Assessment* JVTA Assessment**
TOTALS $ 200.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00
L] The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C) will be entered
after such determination.
[L) The defendant must make restitution (including community restitution) to the following payees in the amount listed below.
If the defendant makes a partial payment, each payee shall receive an approximately propottioned ayment, unless specified otherwise in
the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 36644), all nonfederal victims must be paid
before the United States is paid.
Name of Payee Total Loss*** Restitution Ordered Priority or Percentage
TOTALS $ 0.00 $ 0.00
Restitution amount ordered pursuant to plea agreement $
The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the
fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Sheet 6 may be subject
to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).
(]_ The court determined that the defendant does not have the ability to pay interest and it is ordered that:
L] the interest requirement is waived forthe [1 fine (1 restitution.
[1 the interest requirement forthe [1 fine C1 restitution is modified as follows:
* Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, Pub. L. No. 115-299.
** Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22.
*** Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on
or after September 13, 1994, but before April 23, 1996.
23
OCaasd 2AGscR00044KESM-DBA Document 58-1Fildél@6/10/28/2Pag@age 24 Page lBageDD
AO 245B (Rev. 09/19 Judgment in a Criminal Case :
( ) Shest 6 — Schedule of Payments #: 419
Judgment — Page T of 7
DEFENDANT: David Staveley
CASE NUMBER: 1:20CR00074-01MSM
SCHEDULE OF PAYMENTS
Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties is due as follows:
A | Lump sum payment of $ 200.00 due immediately, balance due
C1 snot later than , or
L] imaccordance with [] C, [J D, (Q E,or CJ F below; or
B- [1 Payment to begin immediately (may be combined with LIC, L1D,or (1 F below); or
C (C$ Payment in equal (e.g., weekly, monthly, quarterly) installments of $ over a period of
(e.g., months or years), to commence (e.g., 30 or 60 days) after the date of this judgment; or
D (Payment in equal (e.g., weekly, monthly, quarterly) installments of $ over a period of
(e.g., months or years), to commence (e.g., 30 or 60 days) after release from imprisonment to a
term of supervision; or
E [Payment during the term of supervised release will commence within (e.g., 30 or 60 days) after release from
imprisonment. The court will set the payment plan based on an assessment of the defendant’s ability to pay at that time; or
F (Special instructions regarding the payment of criminal monetary penalties:
Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during
the period of imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons’ Inmate
Financial Responsibility Program, are made to the clerk of the court.
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.
1 Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount,
and corresponding payee, if appropriate.
L] The defendant shall pay the cost of prosecution.
O
The defendant shall pay the following court cost(s):
¥ The defendant shall forfeit the defendant’s interest in the following property to the United States:
All property, real or personal, used or intended to be used to commit or facilitate the commission of the offenses of
conviction.
Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) AVAA assessment,
(5) fine principal, (6) fine interest, (7) community restitution, (8) JVTA assessment, (9) penalties, and (10) costs, including cost of
prosecution and court costs.
24
Case 1:20-cr-00074-WES-LDA Document 58-1 Filed 10/18/21 Page 25 of 42 PagelD
#: 420
MIME-Version:1.0
From:cmecf@rid.uscourts.gov
To:cmecfnef@rid.uscourts.gov
Bec:
—-Case Participants: Jason P. Knight (jason. knight@jasonknightlaw.com), Lee Vilker
(caseview.ecf@usdoj.gov, jade.brennan@usdoj.gov, kellyann.anderson@usdoj.gov,
lauren.masse@usdoj.gov, lee.vilker@usdoj.gov, lindsay.beltzer@usdoj.gov,
michele.sisson@usdoj.gov, miriam.contreras-—morales@usdoj.gov, richard.myrus@usdoj.gov,
usari-ecf@usdoj.gov), Magistrate Judge Lincoln D. Almond
(juliane realejo@rid.uscourts.gov, ldanef@rid.uscourts.gov,
mag judge almond@rid.uscourts.gov, mara_martinelli@rid.uscourts.gov), District Judge Mary
S. McElroy (judge mcelroy@rid.uscourts.gov, msmnef@rid.uscourts.gov)
--Non Case Participants: Molly Picozzi (molly picozzi@rip.uscourts.gov), US Attorney FLU
(sandra.mascola@usdoj.gov), United States Probation (ripml nef@rip.uscourts.gov)
-—-No Notice Sent:
Message-1d:1674490@rid.uscourts.gov
Subject:Activity in Case 1:20-cr-00074-MSM-LDA USA v. Staveley Sentencing
Content-Type: text/html
U.S. District Court
District of Rhode Island
Notice of Electronic Filing
The following transaction was entered on 10/7/2021 at 1:50 PM EDT and filed on 10/7/2021
Case Name: USA v. Staveley
Case Number: 1:20—cr—00074—MSM-LDA
Filer:
Document Number: No document attached
Docket Text:
Minute Entry for proceedings held before District Judge Mary S. McElroy:Sentencing held
on 10/7/2021 for David Staveley : L. Vilker, J. Knight. M. Picozzi, US Probation. Deft present.
Court verifies that defense counsel has reviewed the PSR with the deft. Objections made.
Arguments heard. For the reasons stated in open court, the Court grants objections in part
and overrules objections in part. Court sets forth the advisory sentencing guideline
calculations in this case. Govt and defense counsel each give their sentencing
recommendations. Deft exercises his right to allocution. 1 impact statement given. Court
addresses and sentences the deft to 56 months of imprisonment - 44 months as to Count 1
and 12 months as to Count 7 to run consecutive. 3 years of supervised release, $200.00
special assessment, no fine. Court verifies that the deft has waived his right to appeal
pursuant to the plea agreement filed in this case. Deft remanded. Recess.(Court Reporter D.
Veitch in Courtroom Jury Assembly Room at 11:30 am.)(Potter, Carrie)
1:20—cr—00074-MSM-LDA—1 Notice has been electronically mailed to:
Jason P. Knight     jason.knight@jasonknightlaw.com
Lee Vilker     lee.vilker@usdoj.gov, Case View.ECF@usdo].gov, jade.brennan@usdoj.gov,
kellyann.anderson@usdoj.gov, lauren.masse@usdoj.gov, lindsay.beltzer@usdoj.gov,
25
Case 1:20-cr-00074-WES-LDA Document 58-1 Filed 10/18/21 Page 26 of 42 PagelD
#: 421
michele.sisson@usdoj.gov, miriam.contreras—morales@usdoj.gov, richard.myrus@usdo].gov,
usari—ecf@usdoj.gov
1:20—cr—00074-MSM-LDA-—1 Notice has been delivered by other means to:
26
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#: 422
UNITED STATES DISTRICT COURT
DISTRICT OF RHODE ISLAND
UNITED STATES OF AMERICA
y Criminal Case No. 20-CR-074-MSM.
DAVID STAVELEY,
a/k/a “Kurt Sanborn,”
Defendant.
PLEA AGREEMENT
Pursuant to Rule 11(c)(1)(B) of the Federal Rules of Criminal Procedure, the
United States and Defendant, David Staveley, have reached the following agreement:
1, Defendant's Obligations.
a. Defendant will plead guilty to Counts 1 and 7 of the Indictment, which
charges Defendant with conspiracy to commit bank fraud and failure to appear in court
as required, in violation of 18 U.S.C. §§ 1349 and 3146(a)(1).
Defendant further agrees that the time between the filing of this plea
agreement and the scheduled date for the change of plea is excludable under the Speedy
Trial Act, 18 U.S.C. § 3161.
b. Defendant will promptly submit a completed Department of Justice
Financial Statement to the U.S. Attorney's Office, in a form that the U.S. Attorney’s Office
provides and as it directs. Defendant agrees that his financial statement and disclosures
will be complete, accurate, and truthful. Defendant expressly authorizes the U.S.
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#: 423
Attorney’s Office to obtain a credit report on him in order to evaluate Defendant's ability
to satisfy any financial obligation that may be imposed by the Court.
2. Government's Obligations. In exchange for Defendant's pleas of guilty:
a. The government will recommend that the Court impose a term of
imprisonment within the range of sentences for the offense level determined by the Court
under the United States Sentencing Guidelines (the U.S.S.G. or "guidelines"), but not
including probation or a "split-sentence," even if permitted under the guidelines.
b. For purposes of determining the offense level, the government agrees to
recommend a two-level reduction in the offense level for acceptance of responsibility
under § 3E1.1(a) of the guidelines if Defendant continues to demonstrate acceptance of
responsibility through sentencing.
c. As of the date of this agreement, Defendant has timely notified
authorities of an intention to enter a plea of guilty. If the offense level is 16 or greater and
Defendant enters a plea of guilty pursuant to this agreement, the government will move
the sentencing Court for an additional decrease of one level, pursuant to U.S.5.G., §
3E1.1(b), unless Defendant indicates an intention not to enter a plea of guilty, thereby
requiring the government to prepare for trial.
d. The government is free to recommend any combination of supervised
release, fines, and restitution which it deems appropriate.
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e. The government will, at the time of sentencing, move to dismiss Counts
2-6 of the indictment.
3, Defendant understands that the guidelines are not binding on the Court,
and that, although the Court must consult the guidelines in fashioning any sentence in
this case, the guidelines are only advisory, and the Court may impose any reasonable
sentence in this matter up to the statutory maximum penalties after taking into account
the factors enumerated in 18 U.S.C. § 3553(a).
4. The United States and defendant stipulate and agree to the following facts
under the guidelines:
a. The amount of intended loss applicable to the offense charged in Count
One is $543,959. As the amount of intended loss is more than $250,000 but less than
$550,000, there is a 12-level enhancement pursuant to U.S.S.G. § 2B1.1(b)(1)(G).
5. Except as expressly provided in the preceding paragraph, there is no
agreement as to which Offense Level and Criminal History Category applies in this case.
Both the United States and Defendant reserve their rights to argue and present evidence
on all matters affecting the guidelines calculation.
6. The maximum statutory penalties for the offenses to which Defendant is
pleading are:
(i) Count One: 30 years of imprisonment, 5 years of supervised release, a fine of
$1,000,000, and a $100 special assessment;
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(iii) Count Seven: 10 years of imprisonment, 3 years of supervised release, a fine of
$250,000 and a $100 special assessment.
If imposed consecutively, the maximum penalties for all offenses to which
Defendant is pleading guilty are 40 years imprisonment; a fine of $1,250,000; and a term
of supervised release of 5 years. The mandatory special assessment totals $200.
7. Defendant agrees that, after Defendant and Defendant's counsel sign this
plea agreement, counsel will return it to the United States Attorney's Office along with a
money order or certified check, payable to the Clerk, United States District Court, in
payment of the special assessments. Failure to do so, unless the Court has made a
previous finding of indigence, will relieve the government of its obligation to
recommend a reduction in the offense level under the guidelines for acceptance of
responsibility.
8. Defendant is advised and understands that:
a. The government has the right, in a prosecution for perjury or making a
false statement, to use against Defendant any statement that Defendant gives under oath;
b. Defendant has the right to plead not guilty, or having already so
pleaded, to persist in that plea;
c. Defendant has the right to a jury trial;
d, Defendant has the right to be represented by counsel - and if necessary
have the Court appoint counsel - at trial and every other stage of the proceeding;
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e. Defendant has the right at trial to confront and cross-examine adverse
witnesses, to be protected from self-incrimination, to testify and present evidence, and to
compel the attendance of witnesses; and
f. Defendant waives these trial rights if the Court accepts a plea of guilty.
g. Defendant recognizes that pleading guilty may have consequences with
respect to his immigration status if he is not a citizen of the United States. Under federal
law, a broad range of crimes are removable or deportable offenses. Likewise, if defendant
is a naturalized citizen of the United States, pleading guilty may result in
denaturalization as well as removal and deportation. Removal, deportation,
denaturalization, and other immigration consequences are the subject of separate
proceedings, however, and defendant understands that no one, including his attorney or
the district court, can predict to a certainty the effect of his conviction on his immigration
status. Defendant nevertheless affirms that he wants to plead guilty regardless of any
immigration consequences that his plea may entail, even if the consequence is his
removal or deportation from the United States or his denaturalization.
9. The government reserves its full right of allocution, including the right to
present any information to the Court for its consideration in fashioning an appropriate
sentence, the right to correct misstatements, misrepresentations, or omissions by
Defendant, and to answer any questions asked by the Court.
10. Except for paragraphs 2 and 4, above, the parties have made no agreement
concerning the application of the guidelines in this case.
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11. Defendant understands that the Court alone makes all sentencing decisions,
including the application of the guidelines and the sentence to be imposed. The Court is
not bound by the parties’ stipulations of fact, offense level adjustments, or the
government's recommendations. The Court is free to impose any sentence it deems
appropriate up to and including the statutory maximum. Defendant also understands
that even if the Court's guideline determinations and sentence are different than
Defendant expects, Defendant will not be allowed to withdraw Defendant's plea of
guilty.
12. Defendant hereby waives Defendant's right to appeal the convictions and
sentences imposed by the Court, if the sentences imposed by the Court are within or
below the sentencing guideline range determined by the Court. This agreement does not
affect the rights or obligations of the United States as set forth in 18 U.S.C. § 3742(b), and
the government retains its right to appeal any of the Court’s sentencing determinations.
13. This agreement is binding on the government only if Defendant pleads
guilty, fulfills all Defendant's obligations under the agreement, does not engage in any
conduct constituting obstruction of justice under § 3C1.1 of the guidelines, and does not
commit any new offenses. Defendant understands that if Defendant violates this
agreement in any way, the government shall be released from its obligations under the
agreement and will be free to make any recommendations that it deems appropriate. If
that occurs, Defendant shall not have the right to withdraw Defendant's guilty plea.
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14. This agreement is limited to the District of Rhode Island and does not bind
any other federal, state, or local prosecutive authorities.
15. This agreement constitutes the entire agreement between the parties. No
other promises or inducements have been made concerning the plea in this case.
Defendant acknowledges that no person has, directly or indirectly, threatened or coerced
Defendant to enter this agreement. Any additions, deletions, or modifications to this
agreement must be made in writing and signed by all the parties in order to be effective.
16, Counsel for Defendant states that Counsel has read this agreement, been
given a copy of it for Counsel's file, explained it to Defendant, and states that to the best
of Counsel’s knowledge and belief, Defendant understands the agreement.
17. | Defendant states that Defendant has read the agreement or has had it read
to Defendant, has discussed it with Defendant's Counsel, understands it, and agrees to its
provisions.
ANd | £-G - 202)
Javid Staveley /, | Date
Sefendant ——
aoe
Jason Knight, Esq\, } Date /
ounsel for Defendant
Yu TAN 5/6/2021
LEE H. VILKER Date
Assistant U.S. Attorney
L/ p—tp 5/6/2021
SANDRA R. HEBERT Date
Criminal Division Chief
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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
UNITED STATES OF AMERICA
Criminal No. 20-074-MSM
DAVID STAVELEY
)
)
)
)
)
Defendant. )
GOVERNMENT’S SENTENCING MEMORANDUM
Defendant David Staveley (“Staveley”) is due to be sentenced on September 30, 2021 on
one count of conspiracy to commit bank fraud, in violation of 18 U.S.C. § 1349, and one count
of failure to appear in court, in violation of 18 U.S.C. § 3146(a)(1). Staveley was among the first
in the country (and the first one charged) who decided to take advantage of the national crisis
brought about by the COVID-19 pandemic by devising a scheme to defraud the Paycheck
Protection Program (“PPP’’). Along with his co-conspirator David Butziger (“Butziger’’),
Staveley brazenly sought to defraud the PPP by submitting fraudulent applications for $543,959
in forgivable loans for restaurants that were not in business and, in one instance, for which he
had no ownership interest.
Staveley then compounded his criminal conduct by removing his electronic bracelet,
staging his own suicide and leading the U.S. Marshals on a three-month hunt for his
whereabouts. Staveley was ultimately apprehended in Georgia with false identification
documents in his possession.
These offenses are just the latest in the string of crimes committed by Staveley, including
two prior federal fraud convictions in the District of New Hampshire. Due to the seriousness of
the offenses, the need to protect the public and to afford adequate deterrence, the United States
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recommends that the Court impose a sentence of 56 months imprisonment, which is the middle
of the applicable guideline range.!
Seriousness of the Offense
The first sentencing factor the Court must consider under 18 ULS.C. § 3553 is the
seriousness of the offense. There can be no question that the offenses committed by Staveley
were extremely serious. With the country reeling from the COVID-19 pandemic and the
shutdown of businesses nationwide, Staveley simply saw an opportunity to benefit himself by
committing more fraud. First, on April 6, 2020, Staveley, in the name of his brother and without
his brother’s knowledge or authorization, submitted a loan application under the PPP to
BankNewport on behalf of Oakland Beach Restaurant Group LLC, d/b/a “Top of the Bay.” The
loan application was in the amount of $185,750 and fraudulently represented that Oakland Beach
Restaurant Group, LLC had 26 employees and an average monthly payroll of $53,000 at the Top
of the Bay restaurant in Warwick, R.I. In reality, Staveley did not own this restaurant and had no
employees and no payroll. In furtherance of this loan application, Staveley submitted fraudulent
tax return documents to BankNewport that were created by his co-conspirator, Butziger.
On that same day, April 6, 2020, Staveley, again in the name of his brother, submitted a
loan application under the PPP to BankNewport on behalf of Apponaug Restaurant Group LLC,
d/b/a “Remington House.” The loan application was in the amount of $144,050 and fraudulently
represented that Apponaug Restaurant Group, LLC had 18 employees and an average monthly
payroll of $46,000. In reality, the Remington House restaurant in Warwick, R.I. had been closed
'The United States agrees that defendant should receive a 3-level reduction for
acceptance of responsibility. If these three levels are applied, defendant's final guideline
calculation with be a Level 20, CHC IV, producing a guideline range of 51-63 months
imprisonment.
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since November 2018 and Apponaug Restaurant Group, LLC had no employees. In furtherance
of this loan application, Staveley submitted fraudulent tax return documents to BankNewport
that were created by his co-conspirator, Butziger.
Also on April 6, 2020, Staveley, in the name of his brother, submitted a loan application
under the PPP to BankNewport on behalf of New Flat Penny LLC, d/b/a “On The Trax,” a
restaurant in Berlin, MA. The loan application was in the amount of $108,777.50 and
fraudulently represented that New Flat Penny, LLC had 22 employees and an average monthly
payroll of $36,000. In reality, although New Flat Penny did own and operate the On the Trax
restaurant in 2019 and the beginning of 2020, the On The Trax restaurant was closed
permanently on about March 10, 2020 after its liquor license was revoked. New Flat Penny, LLC
had no employees when the PPP application was submitted.
Finally, on April 6, 2020, co-conspirator Butziger submitted a loan application under the
PPP to BankNewport in his own name on behalf of an unincorporated entity that he called Dock
Wireless. The loan application was in the amount of $105,381.50 and fraudulently represented
that Dock Wireless had 7 employees and an average monthly payroll of $42,152.60. In reality,
Dock Wireless had no employees and no wages were ever paid by Dock Wireless.
In total, Staveley and Butziger submitted four fraudulent PPP loans applications totaling
$543,959. While the applications were pending, a concerned citizen aware of their fraudulent
nature brought them to the attention of law enforcement which ultimately led to their denial by
BankNewport. Though Staveley was ultimately thwarted in his attempt to obtain PPP funds,
there can be no question that his intention, at the very beginning of the pandemic, was to exploit
the national crisis for his own advantage. The seriousness of the offense obviously includes the
large amount of attempted fraud perpetrated by this defendant. In this case, however, there is an
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#: 432
even greater harm. The money that defendant attempted to obtain by fraud was meant for
legitimate small businesses struggling to survive after being forced to shut down due to the
pandemic. It was meant to pay actual employees so that these employees could keep receiving
some income when they were unable to work. This money set aside by the Government in the
PPP program was not endless. In fact, many businesses struggled to obtain funding under this
program due to the intense need created by the closure of much of the economy. None of this
mattered to this defendant. He saw the economic emergency created by the pandemic simply as
an opportunity to make himself rich by taking for himself what was meant for those in need.
Defendant exacerbated his criminal conduct after his arrest when he removed the
electronic monitoring device from his body and fled. In an effort to deceive law enforcement into
believing that he had died, Staveley staged his suicide on May 26, 2020, by, among other things,
leaving suicide notes with family members (including his 80-year-old mother) and associates and
in his car, which he left unlocked and parked by the Atlantic Ocean. Law enforcement sent a
search and rescue boat into the nearby ocean in an attempt to locate Staveley’s body, to no avail.
Many of his family members and associates were left with the belief that Staveley had indeed
killed himself, though the ones who knew him best informed law enforcement that they
suspected this to be yet another scheme orchestrated by the defendant.
During the next three months, in an effort to avoid apprehension, Staveley traveled to
various States using false identities and stolen license plates. The United States Marshals worked
tirelessly on tracking him down even during the period in which there was uncertainty as to
whether Staveley had indeed committed suicide. During this period, Staveley changed his phone
number on at least five occasions. Ultimately, Staveley was apprehended by the United States
Marshals Service in Alpharetta, Georgia on July 23, 2020. Staveley was found to be in
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#: 433
possession of multiple false identification documents that he had used throughout the period of
his flight.
The seriousness of the offenses committed by Staveley calls for a very heavy sentence.
Protection of the Public
The next pertinent factor under 18 U.S.C. § 3553 is the need to protect the public. Put
simply, the public needs to be protected from this defendant. Long before Staveley decided to
defraud the Paycheck Protection Program, he committed serious financial crimes. In 2009,
Staveley received his first federal conviction, a conviction for Wire Fraud out of the District of
New Hampshire. This conviction involved defendant submitting $280,000 in false invoices from
fictitious companies for services that were purportedly rendered in the construction of a baseball
park. Defendant received a sentence of 30 months of imprisonment. After defendant completed
this sentence, he violated his supervised release and was sentenced to an additional 3 months’
imprisonment for Violation of a Trespass Order.
Defendant’s second federal conviction took place in 2015, when he was again convicted
of Wire Fraud in the District of New Hampshire. This offense involved a complicated mortgage
fraud and bank fraud scheme that defendant orchestrated in 2003-2005. Defendant was sentenced
to 27 months of imprisonment for this offense.
Defendant was also convicted in 2015 in Rhode Island of Willful Trespass. According to
information provided by the East Greenwich Police Department, defendant engaged in dangerous
stalking behavior of a former girlfriend, including entering her home uninvited, changing the
locks in her home, hiding in the shrubs outside her place of employment and following the
victim. (PSR 4 53) The victim obtained a restraining order and claimed that the defendant, in
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addition to breaking into her house, sent her harassing texts, emails and voice mails, hacked her
private messages and her bank account and made homicidal threats.
These prior arrests and convictions did nothing to stop the defendant from committing
further crimes. This defendant has shown that he will continue to find ways to defraud others.
The public needs to be protected from him.
Need to Afford Adequate Deterrence
As with most federal criminal cases, there exists a strong need for deterrence. White-
collar defendants who commit fraud are by and large rational actors who weigh the pros and cons
of their criminal conduct before undertaking it. Giving a heavy sentence to a defendant like
Staveley who has made a career out of defrauding others would send a powerful message. It
would also send the important message that significant punishment is to follow for anyone who
attempts to capitalize on national emergencies by committing fraud.
There is also a strong need for individual deterrence in this case. The sentences defendant
received in his prior federal fraud cases — 30 and 27 months, respectively — obviously did not
deter defendant from committing more fraud. When the coronavirus crisis hit this country, he
saw only the opportunity to benefit himself by submitting fraudulent PPP loans in his brother’s
name. A significant sentence — well above those defendant received in his prior cases — is
necessary for there to be any hope of deterring Staveley from committing additional fraud.
Personal Characteristics of the Defendant
The defendant reported to Probation Department that he was a victim of trauma and that
he suffers from mental health issues as a result. The United States has no knowledge of the facts
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underlying defendant’s professed trauma but takes defendant at his word that he suffers from
mental health disorders.
One fact that is painfully clear from the Presentence Report is that defendant still blames
others for his own independent decisions to commit crimes. When explaining why he committed
the instant offense of defrauding the Paycheck Protection Program, defendant told Probation that
he did so because he was in a bad relationship at the time and was experiencing trauma. (PSR §
78) The Government does not comprehend how a difficult relationship can be to blame for
defendant’s own decision so submit hundreds of thousands of dollars in fraudulent loan
applications.
Defendant then attempts to explain away his decision to cut off his bracelet and flee by
blaming his co-conspirator Butziger. Defendant claims that Butziger told him to remove his
electronic monitoring equipment and to drive south. (PSR ¥ 80). According to defendant, he was
“blacking out and never got to his destination” until he was found by the Marshals in Georgia.
Id. Defendant neglects to mention how he staged his own suicide, sent suicide notes to friends
and family members, changed his phone regularly and used numerous false identities to elude
capture.
Defendant simply seems incapable of taking full responsibility for his own choices in life.
No one forced him to defraud the government in the midst of a national crisis. No one forced him
to stage his own suicide and abscond. He committed these acts voluntarily and willfully. Until
defendant accepts his own responsibility for his conduct, there is little to no chance of him
refraining from criminal behavior in the future.
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For all of the foregoing reasons, a sentence of 56 months of imprisonment is sufficient,
but not greater than necessary, to punish the defendant, promote respect for the law, protect the
public, and afford adequate deterrence.
Respectfully submitted,
RICHARD B. MYRUS
ACTING UNITED STATES ATTORNEY
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LEE H. VILKER
Assistant U.S. Attorney
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CERTIFICATE OF SERVICE
I hereby certify that on this 24th day of September 2021, I caused the within
Government’s Sentencing Memorandum to be filed electronically and it is available for viewing
and downloading from the ECF system.
/s/ Lee H. Vilker
LEE H. VILKER
Assistant U. S. Attorney,
U.S. Attorney's Office
50 Kennedy Plaza, 8" Floor
Providence, RI 02903
401-709-5000, 401-709-5001 (fax)
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