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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
* * * * * * * * * * * * * * * *
C.R. NO. 20-74-MSM
*
UNITED STATES OF AMERICA *
*
VS. *
MAY 17, 2021
*
10:30 A.M.
DAVID STAVELEY *
*
* * * * * * * * * * * * * * * *
VIA VIDEOCONFERENCE
BEFORE THE HONORABLE MARY S. McELROY,
DISTRICT JUDGE
(Change of Plea Hearing)
APPEARANCES:
FOR THE GOVERNMENT: LEE VILKER, AUSA
U.S. Attorney's Office
50 Kennedy Plaza
Providence, RI 02903
FOR THE DEFENDANT: JASON P. KNIGHT, ESQ.
Law Office of Jason P. Knight
One Turks Head Place, Ste. 1440
Providence, RI 02903
Court Reporter:
Karen M. Wischnowsky, RPR-RMR-CRR
One Exchange Terrace
Providence, RI 02903
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17 MAY 2021 -- 10:30 A.M.
VIA VIDEOCONFERENCE
THE COURT: We are on the record in Criminal
Action 20-74, the United States of America versus David
Staveley. Would counsel please identify themselves for
the record.
MR. KNIGHT: Jason Knight on behalf of David
Staveley, your Honor.
THE COURT: Good morning.
MR. VILKER: Good morning, your Honor. Lee
Vilker on behalf of the United States.
THE COURT: Good morning. Pursuant to this
Court's orders regarding matters during the coronavirus
pandemic, we found that a public health crisis exists
and it's in the best interest of the Defendants and
their attorneys, court staff, the United States
marshals and the public that human contact be minimized
to the greatest extent possible.
That's obviously not news to anyone. We've been
doing this for more than a year now; but to that end,
Mr. Staveley, today's change of plea is being conducted
via Zoom video conference as outlined in this Court's
general orders from last year.
So I just want to go over a few things, but
first I'm going to have the clerk swear you in. Okay?
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So raise your right hand, please.
(Defendant sworn)
THE CLERK: Please state your name and spell
your last name for the record.
THE DEFENDANT: David Staveley, S-T-A-V-E-L-E-Y.
THE COURT: Mr. Staveley, you are now under
oath, and that requires that you give truthful answers
to the questions that I ask you. Do you understand
that?
THE DEFENDANT: Yes, your Honor.
THE COURT: Okay. If I ask a question that you
don't understand or you're unable to hear, just ask me
to repeat it, and I'd be glad to do that or to explain
it further.
THE DEFENDANT: Thank you.
THE COURT: If at any time you want to discuss a
matter with your attorney, even before answering a
question, just tell me, and I'll give you the
opportunity to do that. Do you understand?
THE DEFENDANT: Yes, your Honor.
THE COURT: Okay. Before I ask you whether you
intend to waive your right to appear in person, I want
you to know the following: Our normal procedure is to
have all Defendants physically present in the courtroom
for changes of plea. Do you understand that?
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THE DEFENDANT: Yes, your Honor.
THE COURT: Because we're in the middle of a
pandemic, the President and the Governor have all
declared states of emergency; and we are attempting as
best we can to protect the health and safety of our
court employees, lawyers, Defendants, security
personnel and everyone else who is involved in the
court system while at the same time attempting to
permit the basic functions of the court, such as this
hearing, to go forward.
The transportation of Defendants to and from the
courthouse for court proceedings is likely to increase
health risks to all persons involved, including
yourself, Mr. Staveley, your attorney, security
personnel, drivers and court personnel.
So I understand that you intend to waive or give
up your right to be physically present at the
courthouse for this proceeding and have agreed to
appear by Zoom; is that correct?
THE DEFENDANT: Yes, your Honor.
THE COURT: Do you understand why we're using
this video conference procedure and that it is because
of the public health crisis that the COVID-19 pandemic
presents?
THE DEFENDANT: Yes.
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THE COURT: And do you understand that you have
the right to be present in the courthouse for this
proceeding?
THE DEFENDANT: Yes, I do.
THE COURT: I'm sorry. Can you speak up,
please.
THE DEFENDANT: Yes, I do.
THE COURT: Do you understand that you -- have
you discussed this waiver of your right to be
physically present at the courthouse with your
attorney, Mr. Knight?
THE DEFENDANT: Yes, your Honor.
THE COURT: And do you understand that if you
wish to speak to your attorney during the proceedings,
you should let me know, and I can make arrangements for
you to communicate?
THE DEFENDANT: Yes. Thank you.
THE COURT: And do you understand that you have
the right to hear and see everything that happens in
court?
THE DEFENDANT: Yes, your Honor.
THE COURT: Do you understand that your family
members and other supporters have the right to attend
this proceeding and we've made those arrangements? In
fact, your mother is present.
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THE DEFENDANT: Yes, your Honor. Thank you.
THE COURT: The fact that this proceeding, a
change of plea, is being conducted via video conference
does not diminish the legal significance or importance
of the proceeding. Do you understand that you will be
bound by what happens in this proceeding?
THE DEFENDANT: Yes, your Honor.
THE COURT: Has anyone coerced you, threatened
you or pressured you in any way to waive or give up
your right to be physically present for your change of
plea?
THE DEFENDANT: No. No, your Honor.
THE COURT: Has anybody made any threats against
any family member or anyone else near and dear to you
to persuade you to give up your right to be physically
present?
THE DEFENDANT: No, your Honor.
THE COURT: Okay. Do you agree or wish to waive
your right to appear in person for your change of plea
and appear instead by video conference?
THE DEFENDANT: Yes, your Honor.
THE COURT: Mr. Knight, I understand that you've
spoken to Mr. Staveley and explained the uniqueness of
the situation that we're in.
MR. KNIGHT: Yes, your Honor.
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THE COURT: Is there any reason that he should
not be permitted to waive or give up his right to be
present?
MR. KNIGHT: No, your Honor. I've discussed the
matter with Mr. Staveley. He understands that this is
how it's done during the time of COVID. For today's
proceeding, which is a change of plea, while important,
I believe that it can be done thoroughly over the
airwaves, so to speak. We will be requesting an
in-person sentencing because of some of the issues
presented in this case.
THE COURT: Okay. Thank you, Mr. Knight.
I find that the Defendant has made a knowing and
voluntary waiver of his right to appear physically at
his change of plea hearing, and I further find that
requiring him to be present would jeopardize the public
health and safety and particularly the health and
safety of those who are or would be present with
Mr. Staveley during the court proceeding and
transportation.
And I find that delay would seriously jeopardize
the interest of justice. So I accept Mr. Staveley's
waiver, and we can proceed with the change of plea at
this time.
Okay. Mr. Staveley, you're still under oath,
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and I want you to remember that. Okay?
THE DEFENDANT: Yes, your Honor.
THE COURT: Where were you born?
THE DEFENDANT: Lowell, Massachusetts.
THE COURT: And how old are you?
THE DEFENDANT: Fifty-four.
THE COURT: How far did you go in school?
THE DEFENDANT: High school.
THE COURT: And have you been treated recently
for any mental illness or addiction to narcotic drugs
of any kind?
THE DEFENDANT: No. Well, I guess no.
THE COURT: What do you mean, "I guess no"?
THE DEFENDANT: I have PTSD, and I get treated
or I was getting treated before I came here.
THE COURT: And you're not currently being
treated?
THE DEFENDANT: They don't have any treatment
for me here.
THE COURT: Is it concerning to you -- do you
feel that you're able to understand what's going on
even though you are not currently being treated?
THE DEFENDANT: Yes, your Honor.
THE COURT: And are you currently under the
influence of any drugs, medication or alcoholic
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beverages of any kind?
THE DEFENDANT: No, your Honor.
THE COURT: Is that a no?
THE DEFENDANT: No, your Honor.
THE COURT: Have you received a copy of the
Indictment that the Government presented against you?
THE DEFENDANT: Yes, your Honor.
THE COURT: And that's the written charge, as
you understand, made against you in this case. Have
you fully discussed it with your attorney, Jason
Knight?
THE DEFENDANT: I have, your Honor.
THE COURT: Okay. And are you fully satisfied
with his representation and his advice that he's given
to you in this case?
THE DEFENDANT: Yes, your Honor.
THE COURT: Okay. Did you have an opportunity
to read and discuss this plea agreement with Mr. Knight
before signing it?
THE DEFENDANT: I have, your Honor.
THE COURT: Okay. Does it represents in its
entirety the understanding that you have with the
Government?
THE DEFENDANT: Yes, your Honor.
THE COURT: Do you understand all of the terms
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of this plea agreement?
THE DEFENDANT: Yes, your Honor.
THE COURT: And has anyone made any promises or
assurances to you that are not contained in the plea
agreement in order to persuade you to accept this
agreement?
THE DEFENDANT: No. No, your Honor.
THE COURT: Has anyone threatened you in any way
to persuade you to accept this agreement?
THE DEFENDANT: No, your Honor.
THE COURT: Do you understand that the terms of
the plea agreement are merely recommendations and that
the Court -- that I can reject the recommendations
without allowing you to withdraw your plea of guilty
and sentence you to a sentence that's more severe than
you may anticipate? Do you understand that?
THE DEFENDANT: Yes, your Honor.
THE COURT: Has anyone attempted to force you to
plead guilty in this case?
THE DEFENDANT: No, your Honor.
THE COURT: Has anyone threatened you or made
any promises or assurances to you to get you to plead
guilty?
THE DEFENDANT: No.
THE COURT: Do you understand that the offenses
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that you're pleading guilty to are felony offenses?
THE DEFENDANT: Yes.
THE COURT: And that, Mr. Staveley, if your plea
is accepted, you'll be adjudged guilty of those
offenses and that the adjudication could deprive you of
certain valuable civil rights, such as the right to
vote, the right to hold public office, the right to
serve on a jury and the right to possess any kind of
firearm? Do you understand that?
THE DEFENDANT: Yes, your Honor.
THE COURT: Okay. So I'm going to go briefly
over the terms of your plea agreement. I want you to
listen carefully; and if there's anything that you
don't understand, let me know.
You're agreeing as part of this agreement to
plead guilty to Counts I and VII of the Indictment
which charge you with conspiracy to commit bank fraud
and failure to appear in court as required. Do you
understand that?
THE DEFENDANT: Yes, your Honor.
THE COURT: Okay. In exchange for your plea,
the Government will recommend or is agreeing to
recommend that the Court impose a term of imprisonment
within the sentencing range determined by the Federal
Sentencing Guidelines. Do you understand that?
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THE DEFENDANT: Yes, your Honor.
THE COURT: Okay. And the Government's also
agreeing to recommend a two-level reduction for
acceptance of responsibility. Do you understand that?
THE DEFENDANT: Yes, your Honor.
THE COURT: And they're also stating that you
timely notified the Government of your intent to plead
guilty; and so if your offense level is 16 or greater,
then they are -- they will move for a third level
reduction for acceptance of responsibility. Do you
understand that?
THE DEFENDANT: Yes, your Honor.
THE COURT: Okay. And at the time of
sentencing, the Government is telling us that they'll
agree to dismiss Counts II through VI of the
Indictment.
THE DEFENDANT: Yes, your Honor.
THE COURT: You're agreeing with the Government
that the intended loss applicable to the offense
charged in Count I is $543,959. So there's a 12-level
enhancement because it is between $250,000 and
$550,000. Do you understand that?
THE DEFENDANT: Yes, your Honor.
THE COURT: Okay. You're also giving up your
right to appeal the sentence in this case if the
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sentence is within or below the advisory guideline
range. Do you understand that?
THE DEFENDANT: Yes, your Honor.
THE COURT: So, now, have you and your attorney
talked about the advisory sentencing guidelines?
THE DEFENDANT: Yes, your Honor.
THE COURT: Okay. And do you understand that
the Court will not be able to determine the range for
your case until after the presentence report has been
determined or has been completed and you and your
attorney have had an opportunity to review it and to
challenge the application of the guidelines as well as
the reported facts? Do you understand that?
THE DEFENDANT: Yes, your Honor.
THE COURT: Okay. And so the sentence
ultimately recommended by the Probation Department or
the guideline range accepted by this Court might be
different than the guideline range that your attorney
estimated for you. Do you understand that?
THE DEFENDANT: Yes, your Honor.
THE COURT: Okay. And that the ultimate
sentence imposed might be different from any estimate
your attorney has given you. Do you understand that?
THE DEFENDANT: Yes, your Honor.
THE COURT: Do you also understand that after
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the Probation Department does the presentence report
and determines the initial advisory guideline range,
the Court has the authority in some cases to depart
upward or downward from that range and that could
result in imposition of a sentence that's different
than the one that you anticipated? Do you understand
that?
THE DEFENDANT: Yes, your Honor.
THE COURT: And when sentencing occurs, when we
have a sentencing date, the Court is required to
correctly calculate the guidelines and consider them;
but the Court also needs to consider other statutory
sentencing factors that are contained in 18 U.S.C.
3553(a). Have you gone over those factors with your
attorney?
THE DEFENDANT: Yes, your Honor.
THE COURT: Okay. And he's explained to you
what this Court will look at to determine an
appropriate sentence for you?
THE DEFENDANT: Yes, your Honor.
THE COURT: Okay. And do you understand that
parole has been abolished in the federal system and
that if you are sentenced to prison, you won't be
released early on parole?
THE DEFENDANT: Yes, your Honor.
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THE COURT: Okay. Now, you may have the right
to appeal a sentence, generally speaking, but the plea
agreement indicates that you give up that right if it's
within or below the advisory guideline sentencing
range. Do you understand that?
THE DEFENDANT: Yes, your Honor.
THE COURT: Okay. I want to explain to you what
the maximum penalties are for the two charges for which
you're pleading guilty. Okay?
So for Count I, the maximum penalty is 30 years
of imprisonment, five years of supervised release and a
fine of $1 million. The Court is also required to
impose a special assessment of $100 for each count. Do
you understand that?
THE DEFENDANT: Yes, your Honor.
THE COURT: For Count VII, which is the other
count that you're pleading guilty to, the maximum
penalty is 10 years of imprisonment with three years of
supervised release, a fine of $250,000 and a special
assessment of $100. Do you understand that?
THE DEFENDANT: Yes, your Honor.
THE COURT: So if the Court were to impose
sentences consecutively for those charges, the maximum
would be -- for the counts that you're pleading guilty
to would be 40 years of imprisonment, a fine of
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$1,250,000 and a term of supervised release of five
years with a special assessment of $200. Do you
understand all of that?
THE DEFENDANT: Yes, your Honor.
THE COURT: Okay. Is there any forfeiture or
restitution, Mr. Vilker?
MR. VILKER: There is not, your Honor.
THE COURT: Okay. Thank you.
Mr. Staveley, do you understand that you have
the right to plead not guilty to any offense charged
and to persist in that plea?
THE DEFENDANT: Yes, your Honor.
THE COURT: And then you would have the right to
a trial by a jury. Do you understand that?
THE DEFENDANT: Yes, your Honor.
THE COURT: Just keep your voice up a little,
tiny bit. Okay?
THE DEFENDANT: This microphone's terrible.
THE COURT: It is, and you're soft-spoken. So
the combination's not great, but I want to make sure
you can hear this and understand it. Okay?
So you have the right to a trial by a jury. Did
you discuss that with your attorney?
THE DEFENDANT: Yes, your Honor.
THE COURT: And you understand what a trial by
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jury would be?
THE DEFENDANT: Yes, your Honor. Yes.
THE COURT: At trial you'd be presumed innocent
and the Government or Mr. Vilker on behalf of the
Government would have to prove your guilt beyond a
reasonable doubt. Do you understand that?
THE DEFENDANT: Yes, your Honor.
THE COURT: Okay. And at that trial you would
have the right to assistance of counsel for your
defense; and at every other stage of the proceedings as
well as trial, Mr. Knight could be there with you. Do
you understand that?
THE DEFENDANT: Yes, your Honor.
THE COURT: You would have the right to see and
hear the witnesses that the Government presents and
have them cross-examined in your defense. Do you
understand that?
THE DEFENDANT: Yes, your Honor.
THE COURT: You would have the right on your own
part to testify or, if you chose not to, to decline to
testify; and the Government couldn't use the fact that
you declined to testify against you in any way in order
to attempt to prove your guilt. Do you understand
that?
THE DEFENDANT: Yes, your Honor.
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THE COURT: At trial you'd also have the right
to compel or force the attendance of witnesses to
testify in your defense. You would be able to use the
Court to subpoena witnesses to come in and testify in
your defense if you chose to do that. Do you
understand that?
THE DEFENDANT: Yes, your Honor.
THE COURT: And do you understand that if you
did have a trial and you decided not to testify or put
on any evidence, those facts couldn't be used against
you in order to prove your guilt? Do you understand
that?
THE DEFENDANT: Yes, your Honor.
THE COURT: Do you further understand that by
entering this plea of guilty, if the plea is accepted
by the Court, there will be no trial and you will have
waived or given up your right to a trial as well as all
of those rights associated with trial that I just
described to you?
THE DEFENDANT: Yes, your Honor.
THE COURT: Do you have any questions about any
of that?
THE DEFENDANT: No, your Honor.
THE COURT: Okay. I'm going to ask the
Government to place on the record the essential
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elements of the two charges that you are pleading
guilty to as well as the facts that they would present
to support those charges had this case gone to trial.
Listen carefully. At the end I'm going to ask
you if you have any questions and if you agree that
those are the facts the Government would present.
MR. VILKER: Thank you, your Honor. The
elements for Count I, conspiracy to commit bank fraud,
first, that there was an agreement similar to the one
that was described in the Indictment that existed and,
second, that the Defendant knowingly entered into the
agreement.
The offense -- the elements of the underlying
offense of bank fraud are that the Defendant knowingly
executed a scheme or artifice to defraud or to obtain
money or property by means of false or fraudulent
representations, pretenses or promises; two, that he
did so involving a financial institution as that term
is defined by 18 United States Code, Section 20; third,
that the Defendant acted with the intent to defraud;
and, fourth, that the false or fraudulent pretenses,
representations or promises were material, meaning that
they would naturally tend to influence the decision of
the financial institution.
The elements for Count VII, the failure to
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appear count, is, first, that the Defendant was
released pursuant to the Bail Reform Act; second, that
the Defendant was required to appear in court; third,
that the Defendant was aware of this required
appearance; fourth, that the Defendant failed to appear
as required; and, fifth, that the Defendant was willful
in his failure to appear.
The facts of the case, your Honor, are as
follows: This Defendant, David Staveley, and his
co-conspirator, David Butziger, conspired to defraud
Bank Newport by submitting false and fraudulent loan
applications under the federal Paycheck Protection
Program that was created by Congress in response to the
coronavirus crisis.
The PPP program or the Paycheck Protection
Program authorized billions of dollars in forgivable
loans, that is, loans that would be repaid to the banks
by the Government instead of the borrower, the small
businesses, for the purpose of job retention and
certain other expenses.
Mr. Staveley and Mr. Butziger conspired to
submit four fraudulent PPP loan applications to Bank
Newport in April of 2020.
On each of these applications, Mr. Staveley and
Mr. Butziger falsely represented that different
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businesses had significant numbers of employees and
large monthly payrolls when they did not.
First, on April 6th of 2020, Mr. Staveley, in
the name of his brother, Greg Sanborn, submitted a loan
application under the PPP to Bank Newport on behalf of
an entity called Oakland Beach Restaurant Group LLC,
doing business as 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 $50,000 at the Top of the
Bay restaurant in Warwick.
In truth, although Mr. Staveley had been in
negotiations to purchase the Top of the Bay restaurant,
he never did so and had no employees or payroll at all
at this location.
In furtherance of this application, Mr. Staveley
submitted to Bank Newport an IRS 941 form. That form
fraudulently listed wages for Oakland Beach Restaurant
Group to be $158,723.52 for the first quarter of 2020
when, in fact, no wages were paid during this period.
Co-Defendant David Butziger knowingly created
this false and fraudulent 941 form that Mr. Staveley
then submitted to Bank Newport.
Also, on or about October -- excuse me, on or
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about April 6th of 2020, Mr. Staveley, again in the
name of his brother, Greg Sanborn, submitted a loan
application under the PPP to Bank Newport on behalf of
the entity Apponaug Restaurant Group LLC, doing
business as Remington House.
The loan application was in the amount of
$144,050 and fraudulently represented that Apponaug
Restaurant Group had 18 employees and an average
monthly payroll of $46,000.
In truth and in fact, the Remington House
restaurant had been closed since November of 2018 and
Apponaug Restaurant Group had no employees.
In furtherance of his application, Mr. Staveley
submitted to Bank Newport an IRS 941 form that
fraudulently listed wages of that entity, Apponaug
Restaurant Group, to be $138,000 for the first quarter
of 2020 when, in fact, no wages had been paid.
The Co-Defendant, David Butziger, knowingly
created this false and fraudulent 941 form that
Mr. Staveley then submitted to Bank Newport.
On or about April 6th of 2020, Mr. Butziger
submitted a loan application under the PPP to Bank
Newport in his own name on behalf of an unincorporated
entity that he called Dock Wireless.
That loan application was in the amount of
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$105,381.50 and fraudulently represented that Dock
Wireless had seven employees and an average monthly
payroll of $42,152 when, in fact, Dock Wireless had no
employees at all.
Finally, on or about, again, April 6th of 2020,
Mr. Staveley, in the name of his brother, Greg Sanborn,
submitted a loan application under the PPP to Bank
Newport on behalf of New Flat Penny LLC, doing business
as On The Trax, a restaurant in Berlin, Massachusetts.
The loan application was for $108,777.50 and
fraudulently represented that New Flat Penny had 22
employees and an average monthly payroll of $36,000.
In truth, 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 or about March 10th of 2020 after
its liquor license was revoked.
On or about May 5th, 2020, Mr. Staveley appeared
before Honorable Magistrate Lincoln D. Almond in this
court on a criminal complaint charging him with
offenses related to his PPP fraud.
The Court set Mr. Staveley -- released
Mr. Staveley on personal recognizance bond and set
numerous conditions for Mr. Staveley's pretrial
release.
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On or about May 11th, 2020, on a motion -- on
motion from the Government, the Court modified
Defendant's pretrial release conditions to include the
conditions of home confinement with electronic
monitoring.
On May 20th of 2020, the Court scheduled a
preliminary hearing and a hearing on the Government
motion to modify the Defendant's pretrial release
conditions and scheduled that hearing to take place on
June 2nd of 2020.
On May 26th of 2020, Mr. Staveley removed the
electronic monitoring device from his body and fled.
In an effort to deceive law enforcement into believing
that he had died, Mr. Staveley staged his suicide by,
among other things, leaving suicide notes with
associates and family members and in his car, which he
left unlocked and parked by the Atlantic Ocean.
From on or about May 25th of 2020 to July 23rd
of 2020, in an effort to avoid apprehension,
Mr. Staveley traveled to various states in this country
using false identities and stolen license plates.
He was apprehended by the United States Marshal
Service in Alpharetta, Georgia, on July 23rd of 2020.
Mr. Staveley did not appear as directed at the court
hearing that had been scheduled for June 2nd of 2020.
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Those are the facts of the case, your Honor.
THE COURT: Okay. Thank you, Mr. Vilker.
Mr. Staveley, did you hear all of those facts?
THE DEFENDANT: I did, your Honor.
THE COURT: Do you agree and admit that the
Government could prove those facts were this case to go
to trial?
THE DEFENDANT: Can I talk to my attorney?
THE COURT: Sure. We're going to put you in a
breakout room. We're going to give you a minute,
Mr. Staveley.
THE DEFENDANT: No, it's fine, your Honor. Yes,
I agree. I agree.
THE COURT: Mr. Knight, would you prefer to
speak to Mr. Staveley before he --
MR. KNIGHT: I wouldn't, your Honor. I've gone
over extensively this part of the plea process with
him. Mr. Staveley is more than capable of speaking for
himself. If he wants to speak to me, I'm here; but if
he indicates to the Court he doesn't need it, I trust
him.
THE DEFENDANT: I agree, your Honor. I agree
with what Mr. Vilker said.
THE COURT: All right. Do you understand that
you're admitting that those are the facts that the
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Government would prove if this case were to go to
trial?
THE DEFENDANT: Yes, your Honor.
THE COURT: And you're admitting to those facts?
THE DEFENDANT: Yes, your Honor.
THE COURT: Okay. How do you now plead to the
charges in the Indictment, Counts I and VII, guilty or
not guilty?
THE DEFENDANT: Guilty, your Honor.
THE COURT: Okay. It is the finding of the
Court in the case of the United States versus David
Staveley that the Defendant is fully competent and
capable of entering an informed plea and that he is
aware of the nature of the charges and the consequences
of the plea and that the plea of guilty is a knowing
and voluntary plea supported by an independent basis in
fact containing each of the essential elements of the
two charges. The plea is, therefore, accepted; and the
Defendant is now adjudged guilty of that offense.
Mr. Staveley, the Probation Department will be
interviewing you for a presentence report. Please
cooperate with them. You will have the opportunity to
go over that report before it is finalized. Do you
understand that?
THE DEFENDANT: Yes, your Honor. Thank you.
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THE COURT: Okay. Sentencing is currently set
for August 2nd at 10 a.m., and I believe Mr. Knight
requested that that be in person. So we will schedule
that as an in-person sentencing. Is there anything
else?
MR. KNIGHT: I do have one housekeeping issue of
a sensitive nature, but I do want to mention it to you
with Mr. Vilker. I don't know -- we're in a public
forum here. Is there a possibility that we could
sidebar?
THE COURT: Yes. Off the record or on the
record, Mr. Knight?
MR. KNIGHT: Off the record would be great.
THE COURT: So, Karen, thank you. We won't need
you.
(Discussion held off the record)
(Adjourned)
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C E R T I F I C A T I O N
I, Karen M. Wischnowsky, RPR-RMR-CRR, do
hereby certify that the foregoing pages are a true and
accurate transcription of my stenographic notes in the
above-entitled case.
January 25, 2022
Date
/s/ Karen M. Wischnowsky________________
Karen M. Wischnowsky, RPR-RMR-CRR
Federal Official Court Reporter
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