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Initial Appearance/Arraignment by Videoconference, Transcript — United States v. Miller (D. Mass., Dkt. 60)

Summary

A transcript of the initial appearance and arraignment, by videoconference, in United States v. Danielle Miller, No. 21-CR-10228-FDS-1, before Magistrate Judge Judith G. Dein on October 14, 2021, filed as Document 60 on August 4, 2022, in the District of Massachusetts. The Court recites a Brady disclosure order, and the government states the charges: wire fraud in Counts One through Three and aggravated identity theft in Counts Four and Five. The defendant pleads not guilty to Counts One through Five, discovery is set for November 12, and a status conference for November 30 at 10:00. The transcript notes an unsecured bond of $100,000 and the passport question. It is certified by Kathleen Mullen Silva, Official Court Reporter.

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

Cite this document

“Initial Appearance/Arraignment by Videoconference, Transcript — United States v. Miller (D. Mass., Dkt. 60).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-21-cr-10228-dkt-60-d-mass-7a4f15ca79/, SHA-256 6c48742eec8723f1a7c201724d1130363cacc481f92db88ce0fe9f62f4682fd8.

Full text

     Case 1:21-cr-10228-FDS Document 60 Filed 08/04/22 Page 1 of 15
                                                                       1




 1                       UNITED STATES DISTRICT COURT
                          DISTRICT OF MASSACHUSETTS
 2

 3   UNITED STATES OF AMERICA,               )
                        Plaintiff,           )
 4                                           )
     vs.                                     ) No. 21-CR-10228-FDS-1
 5                                           )
     DANIELLE MILLER,                        )
 6                          Defendant.       )

 7

 8

 9

10
                    BEFORE THE HONORABLE JUDITH G. DEIN
11                     UNITED STATES MAGISTRATE JUDGE
            INITIAL APPEARANCE/ARRAIGNMENT - BY VIDEOCONFERENCE
12

13

14

15               John Joseph Moakley United States Courthouse
                              One Courthouse Way
16                       Boston, Massachusetts 02210

17
                                 October 14, 2021
18                                  10:38 a.m.

19

20

21                     Kathleen Mullen Silva, RPR, CRR
                            Official Court Reporter
22               John Joseph Moakley United States Courthouse
                         One Courthouse Way, Room 7209
23                        Boston, Massachusetts 02210
                        E-mail: kathysilva@verizon.net
24
                 Mechanical Steno - Computer-Aided Transcript
25
     Case 1:21-cr-10228-FDS Document 60 Filed 08/04/22 Page 2 of 15
                                                                      2




 1   APPEARANCES:

 2

 3              United States Attorney's Office

 4              AUSA Benjamin Saltzman

 5              John Joseph Moakley U.S. Courthouse

 6              Boston, Massachusetts 02210

 7              617.748.3147

 8              for the Government

 9

10              Law Offices of Mitchell C. Elman, P.C.

11              Mitchell C. Elman, Esq.

12              377 Oak Street, Suite #415

13              Garden City, New York 11530

14              516.586.6666

15              and

16              Sinsheimer & Associates

17              Peter R. Cruice, Esq.

18              92 State Street, 9th Floor

19              Boston, Massachusetts 02109

20              617.722.9954

21              for the Defendant

22

23

24

25
     Case 1:21-cr-10228-FDS Document 60 Filed 08/04/22 Page 3 of 15
                                                                               3




 1                            P R O C E E D I N G S

 2              THE CLERK:    Hello, Judge.     We have everybody we need.

 3   We have counsel for the government.         We have counsel for the

 4   defendant and the defendant is present with the court reporter

 5   and probation.

 6              THE COURT:    Why don't you call the case.

 7              THE CLERK:    Certainly, Your Honor.

 8              The United States District Court for the District of

 9   Massachusetts is now in session on October 14, the year 2021 in

10   the matter of the United States of America v. Danielle Miller,

11   Criminal Case 2021-10228.

12              This is a general reminder that all persons granted

13   remote access to today's court proceedings are reminded of the

14   general prohibition against photographing, recording and/or

15   rebroadcasting of today's court proceedings and that's pursuant

16   to Local Rule 83.3.

17              Could counsel and probation please identify themselves

18   for the record.

19              MR. SALTZMAN:     Good morning, Your Honor.      Ben Saltzman

20   for the United States.

21              MR. ELMAN:    Good morning, Your Honor.       Mitchell Elman,

22   E-l-m-a-n, along with Peter Cruice for the defendant.

23              PROBATION:    Good morning, Your Honor.       Doris Bello for

24   probation.

25              THE COURT:    I'm hearing some echoing.       But let's see.
     Case 1:21-cr-10228-FDS Document 60 Filed 08/04/22 Page 4 of 15
                                                                              4




 1              Ms. Miller, you are charged in a multi-count

 2   indictment with wire fraud and aggravated identity theft.          You

 3   do have the right to an in-person proceeding on this matter.

 4   We are proceeding by way of Zoom for health and safety reasons

 5   as well as for convenience.       Do I have your permission to

 6   proceed by way of Zoom today?

 7              THE DEFENDANT:     Yes, Your Honor.

 8              THE COURT:    Okay.   Before I go any further, to the

 9   government, in compliance with the Due Process Protection Act,

10   the court issues the following order:         "Consistent with Brady

11   v. Maryland and its progeny, the United States is ordered to

12   disclose all exculpatory information in a timely manner to the

13   defendant.     This information includes but is not limited to

14   evidence that is material and is favorable to the accused.

15   Specific categories of exculpatory evidence that must be

16   provided to the defense are set out in Local Rule 116.2.          The

17   failure to discharge this obligation may result in

18   consequences, including the reversal of any conviction,

19   exclusion of evidence, adverse jury instructions, dismissal of

20   charges, contempt proceedings and/or sanctions by the court.

21              So Ms. Miller, I want to confirm that you understand

22   your rights in this matter.       I know you've had an initial

23   appearance elsewhere, but I want to review it for our record

24   here.

25              You do have the right to remain silent.         You do not
     Case 1:21-cr-10228-FDS Document 60 Filed 08/04/22 Page 5 of 15
                                                                          5




 1   have to make a statement and anything you do say may be used

 2   against you.

 3              If you choose to make a statement or to answer any

 4   questions, you may stop answering at any time if you change

 5   your mind.     Do you understand that?

 6              THE DEFENDANT:     Yes, Your Honor.

 7              THE COURT:    You also have the right to be represented

 8   by an attorney at any critical stage of the proceedings against

 9   you.   You may consult with an attorney before you are asked any

10   questions and you may have an attorney present while you are

11   questioned.     If you cannot afford an attorney, counsel will be

12   appointed for you without charge.        Do you understand that?

13              THE DEFENDANT:     Yes, Your Honor.

14              THE COURT:    I'm going to ask the government to review

15   the charges, the maximum potential penalties and the

16   government's position on detention.

17              MR. SALTZMAN:     Your Honor, the first three counts in

18   the indictment charge wire fraud.        The charge of wire fraud

19   carries a sentence of up to 20 years in prison, three years of

20   supervised release and a fine of up to $250,000.

21              Counts Four and Five of the indictment charge

22   aggravated identity theft.       That charge provides for a

23   mandatory two-year sentence that would run consecutively to any

24   other sentences that the court would impose in this case,

25   followed by a term of one year of supervised release and a fine
     Case 1:21-cr-10228-FDS Document 60 Filed 08/04/22 Page 6 of 15
                                                                             6




 1   of up to $250,000.

 2              Your Honor, with respect to detention --

 3              THE COURT:    There's a $100 special assessment on each

 4   count or not?

 5              MR. SALTZMAN:     Correct.   Thank you, Judge.

 6              THE COURT:    With respect to detention.

 7              MR. SALTZMAN:     Yes.   With respect to detention, the

 8   government is not moving for detention at this time.             The

 9   government would request that the court -- well, there are

10   conditions that have been imposed by the Southern District of

11   Florida, and the defendant has been released pursuant to those

12   conditions, and the government's position is that those

13   conditions should remain in effect and that the defendant can

14   be released and supervised pursuant to those conditions that

15   were imposed in Florida.

16              THE COURT:    I think that included living in Florida.

17              MR. SALTZMAN:     Well, I mean, the government is, of

18   course, fine with the modification that the defendant can live

19   in -- I believe she was going to live or is living in Manhattan

20   and would be subject to the supervision of the Southern

21   District of New York with the probation office there.            That

22   modification we have no objection to her doing so.

23              MR. ELMAN:    Yes, Your Honor, there was an order signed

24   by Judge Torres in the Southern District of Florida

25   transferring supervision to the Southern District of New York.
     Case 1:21-cr-10228-FDS Document 60 Filed 08/04/22 Page 7 of 15
                                                                            7




 1   And Ms. Miller is residing in Manhattan now and is being

 2   supervised by pretrial services in the Southern District of New

 3   York.

 4              THE COURT:    All right.    So who's holding her passport

 5   and the like?     Has that all been transferred to New York?

 6              MR. ELMAN:    I believe pretrial services from Florida

 7   transferred everything to New York.         Ms. Miller is currently on

 8   electronic monitoring with home detention.

 9              THE COURT:    I will just say that I don't have those

10   conditions anywhere here.       So I don't -- I don't know why, but

11   that's not what the report says here.         So I will adopt -- I

12   don't know what to do.       Does anybody have those conditions?

13              MR. SALTZMAN:     Yes.   Judge, I just sent them to

14   Mr. Quinn.     It's in a lengthier document, but they're at the

15   end of the document.

16              THE COURT:    While those are coming through, Ms. Miller

17   I just want to confirm that you are also aware of the statutory

18   conditions that apply to all persons on release.

19              You are prohibited from committing a federal, state or

20   local crime while on release.        The commission of a crime while

21   on pretrial release may result in a term of imprisonment of up

22   to ten years for a felony and up to one year for a misdemeanor.

23   The sentence will be in addition to any other sentence which

24   may be imposed if you're convicted of the crime with which

25   you've been charged.
     Case 1:21-cr-10228-FDS Document 60 Filed 08/04/22 Page 8 of 15
                                                                             8




 1              It is also a federal crime punishable by up to five

 2   years of imprisonment, a $250,000 fine or both to intimidate or

 3   attempt to intimidate a witness, a victim, a juror, informant

 4   or officer of the court or to obstruct a criminal

 5   investigation.     It is also a crime punishable by up to ten

 6   years of imprisonment, a $250,000 fine or both to tamper with a

 7   witness, victim or informant or to retaliate against a witness,

 8   victim or informant or to threaten or attempt to do so.

 9              It is also a criminal offense if after you've been

10   released you knowingly fail to appear as required by conditions

11   of release or if you fail to surrender for the service of a

12   sentence pursuant to court order.        You may be fined and/or

13   imprisoned for failure to appear or surrender.           Any sentence

14   would be in addition to the sentence of imprisonment for any

15   other offense.     Punishment may range from a fine of up to

16   $250,000, imprisonment of up to ten years or both.

17              I still don't have it, but are we prepared to go

18   forward with an arraignment today?

19              MR. ELMAN:    Yes, the defense is prepared.

20              MR. SALTZMAN:     Yes, Your Honor.

21              THE COURT:    Okay.   Ms. Miller, have you had an

22   opportunity to review the charges with your attorney?

23              THE DEFENDANT:     No.

24              THE COURT:    Okay.   Well, then we're not going forward

25   with an arraignment.      So do you want to be put -- I can give
     Case 1:21-cr-10228-FDS Document 60 Filed 08/04/22 Page 9 of 15
                                                                           9




 1   you a breakout room and you can spend a moment going over the

 2   charges, Mr. Elman.

 3              MR. ELMAN:    That's fine, Judge.

 4              PROBATION:    Your Honor, if I may.

 5              THE COURT:    Did somebody --

 6              PROBATION:    Yes, Doris from probation.

 7              I just wanted to note that I did receive an email from

 8   the probation officer in Florida.        He was advised that the

 9   arresting agents had taken the passport, but it has not been

10   received by Florida.      So we're not exactly sure where her

11   passport is, whether it's been turned over to the government in

12   Florida.

13              THE COURT:    Okay.   Mr. Saltzman, you need to go track

14   that down.

15              MR. SALTZMAN:     Yes, Judge.    I will check with the

16   Florida probation officers.

17              THE COURT:    Thank you.

18              Mr. Quinn, would you please put the defendant and

19   counsel in a breakout room.

20              MR. ELMAN:    Thank you, Judge.

21              THE CLERK:    Yes, Your Honor.

22              (Discussion held off the record.)

23              MR. ELMAN:    I did confirm that the passport was taken

24   by the agents.

25              Mr. Saltzman, so the agents that sent -- when
     Case 1:21-cr-10228-FDS Document 60 Filed 08/04/22 Page 10 of 15
                                                                               10




 1    Ms. Miller was originally charged, they definitely have the

 2    passport.

 3                MR. SALTZMAN:    I'm emailing them right now.        Thank

 4    you.

 5                MR. ELMAN:   We're ready to proceed, Your Honor.        I

 6    explained all the charges in the indictment to Ms. Miller.

 7                THE COURT:   Okay.   Let's do the arraignment and then

 8    we'll go back to the conditions.        Okay?

 9                So Ms. Miller, do you understand the charges that have

10    been brought against you?

11                THE DEFENDANT:   Yes, Your Honor.

12                THE COURT:   Are you prepared to enter a plea of not

13    guilty today?

14                THE DEFENDANT:   Yes, Your Honor.

15                THE COURT:   And counsel, do you waive the reading of

16    the indictment out loud?

17                MR. ELMAN:   We do, Your Honor.

18                THE COURT:   Mr. Quinn, would you please take her plea.

19                THE CLERK:   Certainly, Your Honor.      In the matter of

20    the United States of America v. Danielle Miller, Criminal Case

21    No. 2021-10228, in a multi-count indictment Counts One through

22    Three charging you with wire fraud in violation of Title 18

23    United States Code Section 1343, Counts Four and Five charge

24    you with aggravated identity theft in violation of Title 18

25    United States Code Section 1028A(a)(1).         There's also
     Case 1:21-cr-10228-FDS Document 60 Filed 08/04/22 Page 11 of 15
                                                                              11




 1    forfeiture allegations in violation of Title 18 United States

 2    Code Section 981(a)(1)(C) and 28 U.S. Code Section 2461(c).

 3                Ms. Miller, how do you plead to Counts One through

 4    Five, guilty or not guilty?

 5                THE DEFENDANT:    Not guilty.

 6                THE COURT:   When will automatic discovery be produced?

 7                MR. SALTZMAN:    Your Honor, preliminary discovery has

 8    already been provided.       I expect the remainder of discovery to

 9    be produced within 28 days.

10                THE COURT:   Do you need all that time?

11                MR. SALTZMAN:    I think it would be helpful, Judge.

12    This is a document intensive matter.        So I would appreciate

13    having that time.

14                THE COURT:   November 12.

15                Counsel, when after that do you want the initial

16    status?

17                MR. ELMAN:   Has the judge said anything yet,

18    Mr. Saltzman, or do you want to contact -- we'll contact

19    chambers?    How do you want to do it?

20                MR. SALTZMAN:    Really whatever works.     I'm available

21    at the court's convenience.

22                THE COURT:   All right.    Why don't I set up a status

23    conference then for two weeks after you get the automatic

24    discovery.

25                MR. ELMAN:   That's fine, Your Honor.
     Case 1:21-cr-10228-FDS Document 60 Filed 08/04/22 Page 12 of 15
                                                                             12




 1                THE COURT:    I guess November -- why don't we do

 2    November 30.    Okay?

 3                MR. ELMAN:    That's fine.

 4                THE COURT:    We'll do it November 30 at 10:00.      If it's

 5    appropriate to proceed on the papers, we can do it that way.

 6    I'll exclude the time through then.

 7                So as I understand the terms, Ms. Miller has posted a

 8    bond, an unsecured bond in the amount of $100,000.           I don't

 9    know if that's co-signed by anyone.        But has that bond been

10    produced?    All right.    It's signed.    Okay.   And the conditions

11    are the passport will be located and Ms. Miller cannot obtain

12    any travel documents while this matter is pending.

13                You need to report to probation as directed.

14                You are on a location monitoring program -- I'm sorry.

15    Is she on home detention or location monitoring?

16                MR. ELMAN:    Ms. Miller, you're currently on a

17    bracelet, correct?

18                THE DEFENDANT:   Correct.

19                THE COURT:    And I assume that that needs to be

20    transferred to our probation monitoring?

21                PROBATION:    It will be transferred to -- well, she's

22    being monitored by New York, Your Honor.         So that will remain

23    the same.

24                I do think, given the difficulties of the bond out of

25    Florida, that it would make sense that we issue a new order
     Case 1:21-cr-10228-FDS Document 60 Filed 08/04/22 Page 13 of 15
                                                                             13




 1    setting conditions from the District of Massachusetts with our

 2    specific language.

 3               THE COURT:    So I'm setting those conditions now.

 4               PROBATION:    Correct.

 5               THE COURT:    It will be home detention, restricted in

 6    residence at all times except for medical, court appearances

 7    and attorney visits or court-ordered obligations.           And

 8    obviously, since you're on electronic monitoring, before you

 9    leave the home, you need to notify probation.          Otherwise, it

10    will be a violation.      The way we do it is I sign an arrest

11    warrant that is held in abeyance.        So if the monitoring or the

12    home detention is violated, then that warrant goes into effect

13    automatically without another court appearance.          Okay?

14               THE DEFENDANT:    Mm-hmm.

15               THE COURT:    All right.    And then the standard

16    conditions.    I think that covers it.

17               MR. CRUICE:    Your Honor, Peter Cruice also counsel for

18    the defendant.

19               I filed my notice of appearance and I filed my motion

20    of Mitchell Elman for pro hac vice.        I would request the court

21    if I can get a waiver from appearing in further matters.          I

22    also will be monitoring the filings, but I'm just asking for a

23    waiver from appearing in further hearings.

24               THE COURT:    I'm sorry.    Are you local counsel?

25               MR. CRUICE:    Yes, I'm local counsel.
     Case 1:21-cr-10228-FDS Document 60 Filed 08/04/22 Page 14 of 15
                                                                               14




 1               THE COURT:    Okay.   You are excused as long as

 2    Mr. Elman follows our rules.

 3               MR. CRUICE:    Thank you, Your Honor.

 4               MR. ELMAN:    I studied them, Your Honor.

 5               THE COURT:    Okay.   Otherwise I'm going to have to put

 6    him back on your shoulder and make sure you behave.              Okay?

 7               MR. ELMAN:    You've got it, Judge Dein.

 8               THE COURT:    Is there anything further on this matter?

 9               MR. ELMAN:    Nothing further from the defendant.

10               THE COURT:    Probation also.

11               PROBATION:    We are, Your Honor, thank you.

12               THE COURT:    Okay.   Thank you.

13               MR. SALTZMAN:    Thank you.

14               THE DEFENDANT:    Thank you, Your Honor.

15               THE CLERK:    Court is in recess.

16               THE DEFENDANT:    Thank you, Judge.

17    (Proceedings adjourned at 10:58 a.m.)

18

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     Case 1:21-cr-10228-FDS Document 60 Filed 08/04/22 Page 15 of 15
                                                                       15




 1                          C E R T I F I C A T E

 2

 3

 4    UNITED STATES DISTRICT COURT )

 5    DISTRICT OF MASSACHUSETTS         )

 6

 7

 8                I certify that the foregoing is a correct transcript

 9    from the record of proceedings taken October 14, 2021 in the

10    above-entitled matter to the best of my skill and ability.

11

12

13

14

15    /s/ Kathleen Mullen Silva                             8/4/22

16

17    Kathleen Mullen Silva, RPR, CRR                        Date
      Official Court Reporter
18

19

20

21

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25


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