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Reporter’s Transcript of Proceedings — U.S. v. Bhakta, 21-CR-3352 (S.D. Cal.), Dkt. 171

Summary

Reporter’s Transcript of Proceedings from Friday, February 14, 2025, in United States of America v. Denny Bhakta, Case 21-CR-3352-JLS, before the Honorable Janis L. Sammartino. Mr. Kirby, for the defense, tells the Court that Mr. Bhakta is not present and is apparently in the hospital, and the marshal says Mr. Bhakta was sent to the hospital that morning for chest pains. The Court hears a statement from victim Vishal Patel about the impact of the Ponzi scheme, and a statement from Susan Duffy. Mr. Kirby says two weeks would be better for putting the matter over, and the clerk gives February 28th, 9:00 a.m. The reporter’s certificate is dated February 22, 2025.

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

“Reporter’s Transcript of Proceedings — U.S. v. Bhakta, 21-CR-3352 (S.D. Cal.), Dkt. 171.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-s-d-cal-no-3-21-cr-03352-dkt-171-s-d-cal-84acf045a5/, SHA-256 602d9485e3b43bd5e7290608b4c84cf5a9220ab174ff2058208ed48a5512793c.

Full text

 Case 3:21-cr-03352-JLS    Document 171     Filed 02/25/25   PageID.1208   Page 1 of
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1                         UNITED STATES DISTRICT COURT

2                FOR THE SOUTHERN DISTRICT OF CALIFORNIA

3     _____________________________
                                   )
4     UNITED STATES OF AMERICA,    )
                                   ) Case No. 21-CR-3352-JLS
5                       Plaintiff, )
                                   ) Friday, February 14, 2025
6     v.                           )
                                   )
7     DENNY BHAKTA,                )
                                   )
8                       Defendant. )
      _____________________________)
9

10
                   REPORTER'S TRANSCRIPT OF PROCEEDINGS
11
                              PAGES 1 THROUGH 14
12
                BEFORE THE HONORABLE JANIS L. SAMMARTINO
13                    UNITED STATES DISTRICT JUDGE

14

15         APPEARANCES:

16         For Plaintiff:      UNITED STATES ATTORNEY'S OFFICE
                               880 Front Street, Suite 6293
17                             San Diego, California 92101-8807
                               BY: P. Kevin Mokhtari, AUSA
18                             BY: Eric Olah, AUSA

19
           For Defendant:      LAW OFFICE OF JOHN D. KIRBY APC
20                             401 West A Street, Suite 1150
                               San Diego, California 92101
21                             BY: JOHN D. KIRBY, ESQ.

22

23    Reported By: Stephanie Whitehead, RDR, CRR, CRC, CVR, CSR
      District Court Clerk's Office
24    333 West Broadway, Suite 420
      San Diego, California 92101-3806
25    (Reported stenographically; transcribed via computer)
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1                     FRIDAY, FEBRUARY 14, 2025; 9:01 A.M.

2                                *           *         *

3                THE CLERK:     Matter number five, 21-CR-3352,

4     United States of America v. Denny Bhakta.

5                MR. KIRBY:     Good morning, your Honor.          John

6     Kirby on behalf of Mr. Bhakta.             He's not present.    He's

7     apparently in the hospital.

8                MR. MOKHTARI:       Good morning, your Honor.        Kevin

9     Mokhtari and Eric Olah for the United States.

10               THE COURT:     Okay.     I was informed that

11    Mr. Bhakta was not available and that he's hospitalized,

12    but I was also informed that there may be some victims

13    who have flown into town to address the Court at the

14    time of sentencing.       If those victims wish to address

15    the Court, I'm going to ask this matter to trail and I

16    could hear from them, since it may not be possible for

17    them to come back whenever we put this over, or we can

18    put the whole matter over.          So that's why I'm calling it

19    now.

20               Go ahead, Mr. Mokhtari.

21               MR. MOKHTARI:       Yes, your Honor.       I think the

22    Government would certainly be amenable to that.               We have

23    one victim who's flown in, who's not local, so it's not

24    going -- the other victims are here.

25               THE COURT:     And would prefer to come back?
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1                MR. MOKHTARI:     I believe so, yeah, and address

2     the Court on the day of.       That would be their

3     preference.

4                THE COURT:     Okay.

5                MR. MOKHTARI:     But we do have one who is here

6     from Texas, and we certainly would want him to address

7     the Court today.      I don't know if the Court wants to

8     still trail the matter if it's just one victim or not,

9     but I leave that in the Court's discretion.

10               THE COURT:     It would just be a few minutes,

11    correct?

12               MR. MOKHTARI:     Yes, your Honor.         I believe so.

13               THE COURT:     Okay.

14               MR. KIRBY:     That's fine, your Honor.          And I can

15    get a transcript of the hearing so that Mr. Bhakta can

16    at least review it.

17               THE COURT:     Exactly.      Exactly.      So he can be

18    informed what this individual says.             Let's go ahead and

19    take that as a courtesy, and then we'll put this matter

20    over.

21               I don't know -- do you know, Mr. Kirby, should

22    we put this over a week or longer?            What are we looking

23    at here?

24               MR. KIRBY:     I mean, Mr. Bhakta has been

25    intermittently hospitalized.           So I don't think it's a
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1     long-term thing, so I think we could put it over for a

2     week --

3                THE COURT:      A week?

4                MR. KIRBY:      -- and, possibly, he would be

5     available next week I think.            Two days ago he was not in

6     the hospital, so . . . .

7                THE COURT:      Okay.     Okay.    Do you have any

8     information that would be helpful to me in putting this

9     matter over, sir?

10               THE MARSHAL:      All I know, your Honor, is he was

11    sent to the hospital this morning from his facility for

12    chest pains.        He never made it to our facility.

13               THE COURT:      Oh, okay.      You could hear that?

14               MR. KIRBY:      Yes.

15               THE COURT:      Okay.     Very good.        Well, let's put

16    this over one week.        Hopefully, he'll be doing better

17    and will be present for next week's sentencing.                 But in

18    the meantime, we are on the record, the matter's been

19    called, and I will just hear the statement of the one

20    victim who's flown in from Texas.

21               MR. KIRBY:      Thank you, your Honor.

22               MR. MOKHTARI:      Yes, your Honor.          And for

23    context, your Honor, Vishal Patel is the victim who's

24    going to address the Court.           If the Court recalls, there

25    were -- Mr. Andy Patel who testified, these are two of
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1     the other individuals who were business partners, one of

2     which was Mukesh Patel, and this is Vishal Patel, both

3     from Texas.

4                THE COURT:     And from this individual, I also

5     have a victim impact statement, correct, that was filed

6     with the Court?

7                MR. MOKHTARI:     Correct.       Correct.

8                THE COURT:     Okay.     Very good.

9                Good morning, sir.

10               MR. PATEL:     Good morning.

11               THE COURT:     So if you would state your name for

12    the record and then make whatever statement you'd like.

13               MR. PATEL:     My name is Vishal Patel, and I'd

14    like to read a statement of how this Ponzi scheme has

15    impacted me and my family.

16               THE COURT:     Okay.     Let me just say this:       My

17    court reporter writes down everything we say, so I'm

18    going to ask you to read slowly.

19               MR. PATEL:     Okay.

20               THE COURT:     And pull this microphone up a

21    little bit so we can hear you easily.

22               MR. PATEL:     Okay.

23               THE COURT:     Thank you.

24               MR. PATEL:     Like I said, my name is Vishal

25    Patel, and I stand before you as a victim of a Ponzi
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1     scheme that Denny created, one of the most devastating

2     experience of my life.       The impact of this fraudulent

3     operation by Denny and his team have been profound,

4     affecting me emotionally, financially, psychologically

5     in ways that words can scarcely convey.

6                Over the past few years, the emotional and

7     psychological toll of being deceived and betrayed by

8     someone who purported to be a friend and family member

9     has been overwhelming.       The constant stress, fear,

10    shame, and anxiety of dealing with the aftermath of the

11    fraud have taken a significant toll on my family and my

12    personal mental health.       Sleepless nights persistent

13    worrying, and sense of helplessness have become too

14    familiar.     The fear of financial insecurity looms large,

15    affecting my overall well-being and peace of mind.

16    Socially, I've withdrawn from all activities and

17    circles, which once I found joy, overwhelmed by the

18    sense of shame and embarrassment.

19               Financially, the impact has been devastating,

20    especially for my children, as I'm unable to support my

21    son and daughter's education or allow them to pursue

22    their desired fields in universities.             I'm unable to

23    provide care for my parents who are dependent on me.                My

24    mother has advanced Alzheimer's and should be receiving

25    specialized care that I'm unable to afford.               I've had to
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1     sell multiple assets and borrow money on high interest

2     just to keep myself afloat and avoid defaulting on my

3     mortgage and having to make interest payments on people

4     I've borrowed from.

5                I also had to file a civil complaint about

6     Denny not paying me in 2019, where the hearing was

7     yesterday with Judge Taylor.           And finally, I got

8     judgment in the tune of 8 and a half million dollars

9     that I lost with Denny.       He had two lawyers yesterday,

10    and he's still been fighting me since the last six

11    years.    I don't know where he's getting the money to do

12    all that.     And he claims that he has no money and -- and

13    hopefully this puts an end to the case because, like

14    previous times, he's appealed them numerous times, and

15    I'm hoping this is -- it puts a complete end to this

16    thing.

17               I'm a self-employed person and make my living

18    through operating hotels and partnering with others in

19    the field of business, but the shame and inability to

20    pay people back I have borrowed from, which are my

21    friends, family, and business partners, I've been unable

22    to pursue any new business opportunities, as investing

23    and managing business is what I do, and that's supports

24    my family.

25               As my reputation, all my savings, and all the
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1     contributions from my loved ones were invested in what

2     seemed like a genuine business opportunity but

3     disappeared without a trace, the loss has disrupted my

4     financial stability and jeopardized my future plans.

5     Now I face the challenge of repaying debts and

6     rebuilding my finances from scratch.

7                At the end I would just like to say that

8     Denny's lawyers submitted a document to the Court

9     portraying him as a good person, attaching all of his

10    history of charitable donations and all of the other

11    charitable deeds.      This is all false.         Denny even went

12    to the extent of defrauding the U.S. taxpayers for

13    millions of dollars by applying for and getting PPP

14    loans which were meant to help the business in the COVID

15    times, which is what he's being sentenced for as well.

16               Denny used his various entities, even his

17    so-called charitable foundation, the Manu Bhakta

18    Foundation, to lure countless investors like me, and

19    even his own uncle Andy Patel, whom he referenced in

20    Exhibit B of one of the documents.            Andy Patel ended up

21    being one of the major victims of Denny's scheme, and he

22    was his own uncle.

23               In sharing my story, I hope the profound and

24    far-reaching impact that the Ponzi scheme has had on my

25    life and countless other victims, I urge the Court to
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1     consider severe consequences of these fraudulent actions

2     and to deliver justice to those responsible.               It's my

3     sincere hope through legal action steps can be taken to

4     prevent others from falling victims to similar schemes

5     and restore a sense of justice and trust within our

6     community.

7                In concluding, the effects of Ponzi scheme will

8     be felt for years for me and my family which I -- which,

9     while I strive to rebuild and move forward, the scars of

10    this experience will always remain.             I stand here today

11    not just as a victim seeking justice, but as a voice of

12    all those who have suffered due to the deceitful actions

13    of Denny.     That's it, your Honor.

14               THE COURT:     Okay.     Thank you very much, sir.            I

15    appreciate that.      I'm going to probably end up putting

16    this matter over for a week.

17               MR. PATEL:     Okay.

18               THE COURT:     And your statement is now in the

19    record.

20               MR. PATEL:     Okay.

21               THE COURT:     Thank you very much, sir.

22               MR. PATEL:     Thank you.

23               THE COURT:     Anything further that we need to do

24    this morning, because people can't come back, before I

25    put this over?      I'll just put it over one week,
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1     Mr. Kirby, with the hope that Mr. Bhakta is out of the

2     hospital shortly.

3                MR. KIRBY:    That's fine, your Honor.

4                MR. OLAH:    Your Honor, we have -- one of our

5     local victims has preplanned travel to her daughter's

6     baby shower next Friday, so she would actually not be

7     able to address the Court.         I know we said it would only

8     be one victim that was from out of town.             That's still

9     true; it's just she's unavailable next Friday when this

10    matter's been reset.

11               THE COURT:    Okay.     Well, let's go ahead and

12    hear from her then if she'd like to address the Court.

13               MR. OLAH:    She would, your Honor.

14               MS. DUFFY:    Good morning.

15               THE COURT:    Would you state your name and spell

16    your last name for the record.

17               MS. DUFFY:    Sure.     It's Susan Duffy, and it's

18    D-u-f-f-y.

19               Well, I wish he was here today.           But, Denny, as

20    your father and brothers sit here nervously awaiting

21    your fate, I can only imagine what they're thinking.

22    Some thoughts come to mind:         How could this happen to

23    us?   How did I fail as parent that my son would allow

24    this to happen to our family?          Personal failure,

25    heartbreak, incredible disappointment and disgust.                The
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1     ultimate disrespect and lies to your family and close

2     friends, embarrassment, hurt, financial loss for your

3     family, extended family, and friends you pretended to

4     care about.

5                I can only imagine that your mother is rolling

6     over in her grave.      Is this the son I raised?         Is this

7     what he turned into?      How did I fail as a parent that my

8     son, my own flesh and blood, would become a cheat, a

9     fraud, a liar, a con artist, someone that would hurt

10    anyone to accomplish his goals?          My son that would use

11    my name in vain for a foundation that was only

12    self-serving to you, Denny, funded with money stolen

13    from the government.      Thank God she is not here to

14    witness this.      It would have crushed her.

15               After knowing you for over 15 years, I'm still

16    in shock at what you did to us, the betrayal of a very

17    deep and caring friendship, so we thought.             We had

18    worked so hard to save for retirement which your fraud

19    scheme destroyed.      Losing over 30 percent of our

20    retirement savings and having to still pay off $100,000

21    loan we took out to help you is a constant, monthly

22    reminder of how despicable you are.

23               Everything was a lie.        The ultimate betrayal

24    and deception.      The special occasions we shared with

25    you.   We treated you like family as you sat at our table
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1     at our daughter's wedding.          How could you even take a

2     seat?   How I celebrated my 60th birthday with you.                It

3     makes me sick.       This was all part of the charade to keep

4     us close, all part of the plan to defraud us.

5                The reality is, Denny, we don't need you.               You

6     are irrelevant.       You and your pathetic life will

7     continue to be irrelevant.          Your upcoming years in

8     prison will be filled with loneliness and isolation, the

9     constant thoughts and reminders of how you let down your

10    family and friends, leaving your brother to care for

11    your father in his later years.           So, so selfish.      The

12    constant reminder that you, Denny Bhakta, were a failure

13    in life.

14               I could go on, but I refuse to waste any more

15    time on you.       You may think you got the upper hand on

16    us, but you failed.       You only made us stronger.          You

17    know the saying, pigs get fat and hogs get slaughtered?

18    You, Denny, are the ultimate hog.

19               One day at the beach at La Jolla shores this

20    little girl with her face full of sunscreen was running

21    towards the ocean dragging her Boogie Board behind her.

22    She stopped in her tracks in front of me, looked up at

23    me with the biggest smile on her face and said, "Best

24    day ever."     Well, Denny, she was wrong.           Today is the

25    best day ever.       Enjoy prison.
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1                Thank you, your Honor.

2                THE COURT:    Thank you, Ms. Duffy.

3                On behalf of the Government, just those two

4     statements today and we can put this matter over,

5     Mr. Olah and Mr. Mokhtari?

6                MR. OLAH:    Yes, that works for the Government.

7     Thank you, your Honor.

8                THE COURT:    Mr. Kirby, agreed?

9                MR. KIRBY:    Your Honor, I was actually looking

10    at my calendar, and two weeks would be --

11               THE COURT:    Two weeks would be better?

12               MR. KIRBY:    Yes, your Honor.

13               THE COURT:    Any objection to two weeks?

14               MR. OLAH:    None, your Honor.

15               THE COURT:    Okay.     We can go out two weeks,

16    sir, of course.

17               Go ahead, Patricia.

18               THE CLERK:    February 28th, 9:00 a.m.

19               MR. KIRBY:    Thank you very much.

20               THE COURT:    February the 28th at 9:00 a.m.

21               MR. KIRBY:    Thank you very much.

22               MR. OLAH:    Thank you, your Honor.         Have a nice

23    weekend.

24               THE COURT:    Okay.     Thank you.

25               (Proceedings concluded at 9:16 a.m.)
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1                           C E R T I F I C A T E

2

3                I, Stephanie Whitehead, certify that I am a

4     duly qualified and acting Official Court Reporter for

5     the United States District Court; that the foregoing is

6     a true and accurate transcript of the proceedings as

7     taken by me in the above-entitled matter on February 14,

8     2025; and that the format used complies with the rules

9     and requirements of the United States Judicial

10    Conference.

11

12

13               Dated:     February 22, 2025

14

15         s/ STEPHANIE WHITEHEAD

16
      Stephanie Whitehead, CSR 10093
17    U.S. Official Court Reporter

18

19

20

21

22

23

24

25


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