Transcript of Status Conference, September 5, 2023 — United States v. Keith Berman (No. 1:20-cr-00278)

Summary

Transcript of a status conference conducted via Zoom in United States of America v. Keith Berman, Criminal Action No. 20-00278, in the U.S. District Court for the District of Columbia, on September 5, 2023, at 3:02 p.m., before the Honorable Trevor N. McFadden, filed as Document 203 on May 21, 2024. Matthew Reilly appears for the government and counsel from Covington & Burling and the Office of the Federal Public Defender for the defendant. The transcript records that the parties say they are on pace for a December trial of more or less four trial days, barring developments in the defendant's medical condition, which they agree will be reevaluated in November. The reporter is Lisa Edwards.

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-00278-TNM Document 203 Filed 05/21/24 Page 1 of 7     1


 1                        UNITED STATES DISTRICT COURT
                          FOR THE DISTRICT OF COLUMBIA
 2
       * * * * * * * * * * * * * * * *         )
 3     UNITED STATES OF AMERICA,               )    Criminal Action
                                               )     No. 20-00278
 4                     Plaintiff,              )
                                               )
 5       vs.                                   )
                                               )
 6     KEITH BERMAN,                           )    Washington, D.C.
                                               )    September 5, 2023
 7                     Defendant.              )    3:02 p.m.
                                               )
 8     * * * * * * * * * * * * * * * *         )

 9

10                     TRANSCRIPT OF STATUS CONFERENCE
                              CONDUCTED VIA ZOOM
11                 BEFORE THE HONORABLE TREVOR N. McFADDEN
                         UNITED STATES DISTRICT JUDGE
12

13     APPEARANCES:

14     FOR THE GOVERNMENT:          MATTHEW REILLY, ESQ.
                                    U.S DEPARTMENT OF JUSTICE
15                                  Criminal Division, Fraud Section
                                    1400 New York Avenue, Northwest
16                                  Washington, D.C. 20530

17
       FOR THE DEFENDANT:           NICHOLAS XENAKIS, ESQ.
18                                  JOSE R. RAMOS, ESQ.
                                    JOSE F. GIRON, ESQ.
19                                  LORI TAUBMAN, ESQ.
                                    COVINGTON & BURLING, LLP
20                                  850 Tenth Street, Northwest
                                    Washington, D.C. 20001
21
                                    MICHELLE PETERSON, ESQ.
22                                  OFFICE OF THE FEDERAL PUBLIC
                                      DEFENDER
23                                  625 Indiana Avenue, Northwest
                                    Suite 550
24                                  Washington, D.C. 20004

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     Case 1:20-cr-00278-TNM Document 203 Filed 05/21/24 Page 2 of 7   2


 1     REPORTED BY:                LISA EDWARDS, RDR, CRR
                                   Official Court Reporter
 2                                 United States District Court for the
                                     District of Columbia
 3                                 333 Constitution Avenue, Northwest
                                   Room 6706
 4                                 Washington, D.C. 20001
                                   (202) 354-3269
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     Case 1:20-cr-00278-TNM Document 203 Filed 05/21/24 Page 3 of 7        3


 1                 THE COURT:    Good afternoon, folks.

 2                 THE COURTROOM DEPUTY:      Your Honor, this is

 3     Criminal Case 20-278, the United States of America versus

 4     Keith Berman.

 5                 Counsel, please introduce yourselves for the

 6     record, starting with the Government.

 7                 MR. REILLY:    Matthew Reilly for the United States.

 8     Good afternoon, your Honor.

 9                 MR. XENAKIS:    Good afternoon, your Honor.

10     Nicholas Xenakis for Mr. Berman, who is present.          I'm joined

11     by José Giron and José Ramos, Lori Taubman and Shelly

12     Peterson.

13                 Mr. Collins has unfortunately been delayed by a

14     separate hearing in Maryland this afternoon.         Mr. Robinson

15     is also here today.

16                 THE COURT:    All right.   Good afternoon, folks.

17                 We're here for a status conference.        I have

18     reviewed the parties' sealed joint status report.

19                 I guess as I understand it, there's at this point

20     nothing that is suggesting we can't proceed as planned,

21     although I recognize there may be some later tests that

22     would suggest otherwise.      But it looks to me like right now

23     we're on track for late December.

24                 So let me ask you, Mr. Reilly, is that your

25     understanding and view?
     Case 1:20-cr-00278-TNM Document 203 Filed 05/21/24 Page 4 of 7        4


 1                 MR. REILLY:    Yes, your Honor.

 2                 We conferred with Mr. Berman's counsel last week,

 3     talked about the substance of the status report.          And our

 4     understanding is, barring any developments in Mr. Berman's

 5     medical condition, which the parties agree will be

 6     reevaluated and readdressed with the Court in November,

 7     we're on pace for a December trial with more or less four

 8     trial days with the exception, I believe, of needing more

 9     regular bathroom breaks than normal in order to accommodate

10     Mr. Berman's medical condition.       But otherwise, the

11     Government's prepared to go and prepared to go in December,

12     and that's our understanding of the Defendant's position as

13     well.

14                 THE COURT:    Okay.   And I guess -- there's no

15     reason for having those doctors' appointments in November

16     rather than sooner.

17                 MR. RAMOS:    Your Honor, that's the representation

18     made by Dr. Truman, who is the medical director of the

19     Columbia Regional Medical Center.        He said that they're

20     upcoming, but he could not give us firm dates as to when

21     these medical consultations would occur.

22                 I agree with you.     If we could get those scheduled

23     sooner than later and be able to make a determination what,

24     if any, effect it would have on trial proceedings, that

25     would be our preference.      That might require some leverage
     Case 1:20-cr-00278-TNM Document 203 Filed 05/21/24 Page 5 of 7       5


 1     from the Court on the medical facilities and the Marshals

 2     Services.

 3                  THE COURT:   So he's in custody, but I think it's

 4     at a private institution on the East Coast now.          Is that

 5     fair, Mr. Ramos?

 6                  MR. RAMOS:   That's my understanding.      It's a

 7     quasi.   They are held in custody and it is also private,

 8     your Honor.

 9                  THE COURT:   So it's not out of -- there's no

10     indication from your perspective that he'll be making a

11     determination as --

12                  MR. RAMOS:   Negative, your Honor.     That's what

13     Dr. Truman represented to us, that he'd likely make a

14     reevaluation in November.

15                  THE COURT:   Okay.   And otherwise, based on the

16     information, you all are comfortable with the schedule

17     that's been laid out at this point.        Is that correct,

18     Mr. Ramos?

19                  MR. RAMOS:   Yes, your Honor.    Barring any

20     developments, health developments, yes.

21                  THE COURT:   And I guess we'll be anticipating the

22     briefing here over the next few weeks.

23                  Anything else that we need to discuss today,

24     Mr. Ramos?

25                  MR. RAMOS:   No, your Honor.
     Case 1:20-cr-00278-TNM Document 203 Filed 05/21/24 Page 6 of 7          6


 1                 THE COURT:    Okay.   And, Mr. Reilly, anything

 2     further from you?

 3                 MR. REILLY:    Not from the Government.      Thank you,

 4     your Honor.

 5                 THE COURT:    Okay.   I think I'm just inclined to

 6     not set another date right now.        I think I probably will

 7     reach out to the Marshals Service and see if they are able

 8     to try to push things up on the check-in day.         But I'm not

 9     sure that setting something right now is going to be very

10     meaningful.

11                 So I guess I'm inclined just to leave things as

12     they are, but count on the parties to stay in touch and of

13     course on top of Mr. Berman's situation.         And let me know if

14     you learn of anything that would suggest a change to our

15     current schedule is required.

16                 All right.    Anything further for the Government?

17                 MR. REILLY:    Not today.    Thank you, your Honor.

18                 THE COURT:    Mr. Ramos?

19                 MR. RAMOS:    No, your Honor.    Thank you so much.

20                 THE COURT:    Thanks, folks.    I look forward to

21     seeing you all then.

22                 (Proceedings concluded.)

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     Case 1:20-cr-00278-TNM Document 203 Filed 05/21/24 Page 7 of 7   7


 1                                  CERTIFICATE

 2

 3                           I, LISA EDWARDS, RDR, CRR, do hereby

 4     certify that the foregoing constitutes a true and accurate

 5     transcript of my stenographic notes, and is a full, true,

 6     and complete transcript of the proceedings produced to the

 7     best of my ability.

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10                           Dated this 21st day of May, 2024.

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12                     /s/ Lisa Edwards, RDR, CRR
                       Official Court Reporter
13                     United States District Court for the
                         District of Columbia
14                     333 Constitution Avenue, Northwest
                       Washington, D.C. 20001
15                     (202) 354-3269

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