Criminal Docket for Case #: 6:21-cr-10073-EFM-1 — USA v. Capps (Dkt. 102-1, D. Kan.)

Summary

This criminal docket for USA v. Capps, Case 6:21-cr-10073-EFM in the District of Kansas (Wichita), was filed as Document 102-1. It records the indictment of Michael R. Capps on September 8, 2021 on PPP and EIDL false statement, bank fraud, wire fraud and money laundering counts, and a jury verdict on December 21, 2022 finding Capps guilty on Counts 1, 2, 4, 5, 7-10 and 12-15 and not guilty on Counts 3, 6, 16, 17, 18 and 19; Count 11 was dismissed on the government’s motion. Chief District Judge Eric F. Melgren’s judgment of May 12, 2023 imposed 27 months in prison, 2 years of supervised release, a $1200.00 special assessment and $318,647.21 in restitution. The filing ends with a notice of appeal to the Tenth Circuit.

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

CLOSED,APPEAL,PASSPORT
U.S. District Court
DISTRICT OF KANSAS (Wichita)
CRIMINAL DOCKET FOR CASE #: 6:21−cr−10073−EFM−1

Case title: USA v. Capps Date Filed: 09/08/2021

Date Terminated: 05/12/2023

Assigned to: Chief District Judge
Eric F. Melgren

Defendant (1)
Michael R. Capps represented by Kurt P. Kerns
TERMINATED: 05/12/2023 Kerns Law Group
328 North Main
Wichita, KS 67202
316−265−5511
Fax: 316−265−4433
Alternative Phone:
Cell Phone:
Email: kurtpkerns@aol.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Bar Number: 15028
Bar Status: Active

Pending Counts Disposition
Sentenced to 27 months imprisonment and 2 years
18:1014 False statement to a bank
supervised release on Cts. 1, 2, 4, 5, 7, 8, 9, 10, 12,
for a PPP loan; 18:2 Aiding and
13, 14, & 15,each count running concurrently.
abetting (INDICTMENT 9/8/2021)
$1200.00 special assessment fee. $318,647.21
(1)
restitution
Sentenced to 27 months imprisonment and 2 years
18:1344(2) Bank fraud−PPP loan;
supervised release on Cts. 1, 2, 4, 5, 7, 8, 9, 10, 12,
18:2 Aiding and abetting
13, 14, & 15,each count running concurrently.
(INDICTMENT 9/8/2021)
$1200.00 special assessment fee. $318,647.21
(2)
restitution
18:1001(a) False statement to the Sentenced to 27 months imprisonment and 2 years
SBA for EIDL loan 18:2 Aiding supervised release on Cts. 1, 2, 4, 5, 7, 8, 9, 10, 12,
and abetting (INDICTMENT 13, 14, & 15,each count running concurrently.
9/8/2021) $1200.00 special assessment fee. $318,647.21
(4−5) restitution
18:1343 Wire fraud, SBA; 18:2 Sentenced to 27 months imprisonment and 2 years
Aiding and abetting supervised release on Cts. 1, 2, 4, 5, 7, 8, 9, 10, 12,

1
(INDICTMENT 9/8/2021) 13, 14, & 15,each count running concurrently.
(7−8) $1200.00 special assessment fee. $318,647.21
restitution
18:1343 Wire fraud, Kansas Sentenced to 27 months imprisonment and 2 years
Department of Commerce; 18:2 supervised release on Cts. 1, 2, 4, 5, 7, 8, 9, 10, 12,
Aiding and abetting 13, 14, & 15,each count running concurrently.
(INDICTMENT 9/8/2021) $1200.00 special assessment fee. $318,647.21
(9−10) restitution
Sentenced to 27 months imprisonment and 2 years
18:1957 Money laundering; 18:2
supervised release on Cts. 1, 2, 4, 5, 7, 8, 9, 10, 12,
Aiding and abetting
13, 14, & 15,each count running concurrently.
(INDICTMENT 9/8/2021)
$1200.00 special assessment fee. $318,647.21
(12−14)
restitution
Sentenced to 27 months imprisonment and 2 years
18:1957 Money laundering; 18:2
supervised release on Cts. 1, 2, 4, 5, 7, 8, 9, 10, 12,
Aiding and abetting
13, 14, & 15,each count running concurrently.
(INDICTMENT 9/8/2021)
$1200.00 special assessment fee. $318,647.21
(15)
restitution

Highest Offense Level (Opening)
Felony

Terminated Counts Disposition
18:1001(a) False statement to the
SBA for EID loan 18:2 Aiding and
Acquitted
abetting (INDICTMENT 9/8/2021)
(3)
18:1343 Wire fraud, SBA; 18:2
Aiding and abetting
Acquitted
(INDICTMENT 9/8/2021)
(6)
18:1343 Wire fraud, Sedgwick
County; 18:2 Aiding and abetting
Dismissed per the Order filed 12/13/2022.
(INDICTMENT 9/8/2021)
(11)
18:1957 Money laundering; 18:2
Aiding and abetting
Acquitted
(INDICTMENT 9/8/2021)
(16−19)

Highest Offense Level
(Terminated)
Felony

Complaints Disposition

2
None

Plaintiff
USA represented by Alan G. Metzger
Office of United States Attorney − Wichita
301 North Main Street, Suite 1200
Wichita, KS 67202−4812
316−269−6481 ext 6153
Fax: 316−269−6484
Alternative Phone:
Cell Phone: 316−648−0531
Email: alan.metzger@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Bar Number: 10143
Bar Status: Active

Annette Gurney
Office of United States Attorney − Wichita
301 North Main Street, Suite 1200
Wichita, KS 67202−4812
316−269−6481
Fax: 316−269−6484
Alternative Phone:
Cell Phone: 316−250−8393
Email: annette.gurney@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bar Number: 11602
Bar Status: Active

Molly M. Gordon
Office of United States Attorney − Wichita
301 North Main Street, Suite 1200
Wichita, KS 67202−4812
316−269−6481
Fax: 316−269−6484
Alternative Phone:
Cell Phone:
Email: molly.gordon@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Bar Number: 23134
Bar Status: Active
Email All Attorneys
Email All Attorneys and Additional Recipients

Date Filed # Docket Text

3
09/08/2021 1 INDICTMENT as to Michael R. Capps (1) count(s) 1, 2, 3, 4−5, 6−8, 9−10, 11,
12−19. (sz) (Entered: 09/09/2021)
09/09/2021 SUMMONS ISSUED as to Michael R. Capps Initial Appearance set for 9/22/2021 at
01:30 PM by Zoom before Magistrate Judge Gwynne E. Birzer. (Pretrial form
provided to USMS)(sz) (Entered: 09/09/2021)
09/10/2021 2 SUMMONS RETURNED EXECUTED on 9/10/2021 as to Michael R. Capps. (jk)
(Entered: 09/10/2021)
09/21/2021 3 ENTRY OF APPEARANCE by attorney Kurt P. Kerns appearing for Michael R.
Capps. (Kerns, Kurt) (Entered: 09/21/2021)
09/21/2021 4 CONSENT TO APPEAR BY VIDEO OR TELEPHONE CONFERENCE for initial
appearance, arraignment and detention hearing as to Michael R. Capps. (Kerns, Kurt)
Modified on 9/22/2021 to add additional hearings. (mam) (Entered: 09/21/2021)
09/22/2021 5 (NOTE: Access to document is restricted pursuant to the courts privacy policy.)

NOTICE OF SURRENDERED PASSPORT as to Michael R. Capps. (Passport
Number 640927769, issued by USA.) (mam) (Entered: 09/22/2021)
09/22/2021 6 MINUTE ENTRY for proceedings held before Magistrate Judge Gwynne E. Birzer:
RULE 5/INITIAL APPEARANCE and ARRAIGNMENT as to Michael R. Capps
held on 9/22/2021 by ZOOM, Count(s) 1,2,3,4−5,6−8,9−10,11,12−19. Due Process
Protections Act advisement given. The Government adopted the recommendations of
Pretrial Services for release on conditions. Defendant provided verbal consent for
Zoom. Defendant's next appearance per the Scheduling Order of Judge Melgren.
(Tape #1:31−1:41) (sz) (Entered: 09/23/2021)
09/22/2021 7 ORDER SETTING CONDITIONS OF RELEASE as to Michael R. Capps (1)
$25,000 unsecured bond. Signed by Magistrate Judge Gwynne E. Birzer on
9/22/2021. (sz) (Entered: 09/24/2021)
09/23/2021 ORDER as to Michael R. Capps − Pursuant to the Due Process Protections Act, the
government is reminded of its obligations pursuant to Brady v. Maryland and its
progeny to disclose material that is favorable to the defendant and material to
defendants guilt or punishment. The failure to do so in a timely manner may include
dismissal of the indictment or information, dismissal of individual charges, exclusion
of government evidence or witnesses, or any other remedy that is just under the
circumstances. Signed by Magistrate Judge Gwynne E. Birzer on 9/22/21. (This is a
TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ala)
(Entered: 09/23/2021)
09/24/2021 8 BOND POSTED as to Michael R. Capps. (sz) (Entered: 09/24/2021)
09/27/2021 9 PRETRIAL AND CRIMINAL CASE MANAGEMENT ORDER ENTERED: as to
Michael R. Capps. Status Conference set for 11/8/2021 at 10:15 AM in Wichita Room
414 (EFM) before District Judge Eric F. Melgren. Jury Trial set for 11/23/2021 at
09:00 AM in Wichita Courtroom 408 (EFM) before District Judge Eric F. Melgren.
Signed by District Judge Eric F. Melgren on 9/27/2021. (cm) (Entered: 09/27/2021)
10/27/2021 10 MOTION to Continue Status Conference and Jury Trial by Michael R. Capps. (Kerns,
Kurt) (Entered: 10/27/2021)
10/28/2021 11

4
ORDER TO CONTINUE granting 10 Motion to Continue. Speedy Trial time
excluded from 11/23/2021 until 1/25/2022 as to Michael R. Capps (1). Status
Conference set for 1/12/2022 at 08:45 AM in Wichita Room 414 (EFM) before
District Judge Eric F. Melgren. Jury Trial set for 1/25/2022 at 09:00 AM in Wichita
Courtroom 408 (EFM) before District Judge Eric F. Melgren. Signed by District
Judge Eric F. Melgren on 10/28/2021. (sz) (Entered: 10/28/2021)
01/07/2022 12 MOTION to Continue Status Conference and Jury Trial by Michael R. Capps. (Kerns,
Kurt) (Entered: 01/07/2022)
01/10/2022 13 ORDER TO CONTINUE granting 12 Motion to Continue. Speedy Trial time
excluded from 1/12/2022 until 3/29/2022 as to Michael R. Capps (1). Status
Conference set for 3/14/2022 at 08:15 AM in Wichita Room 414 (EFM) before Chief
District Judge Eric F. Melgren. Jury Trial set for 3/29/2022 at 09:00 AM in Wichita
Courtroom 408 (EFM) before Chief District Judge Eric F. Melgren. Signed by Chief
District Judge Eric F. Melgren on 1/10/2022. (sz) (Entered: 01/10/2022)
03/02/2022 14 Joint MOTION to Continue Status Conference and Jury Trial by Michael R. Capps.
(Kerns, Kurt) (Entered: 03/02/2022)
03/03/2022 15 ORDER TO CONTINUE granting 14 Motion to Continue. Speedy Trial time
excluded from 3/14/2022 until 6/7/2022 as to Michael R. Capps (1). Status
Conference set for 5/31/2022 at 10:00 AM in Wichita Room 414 (EFM) before Chief
District Judge Eric F. Melgren. Jury Trial set for 6/7/2022 at 09:00 AM in Wichita
Courtroom 408 (EFM) before Chief District Judge Eric F. Melgren. Signed by Chief
District Judge Eric F. Melgren on 3/3/2022. (sz) (Entered: 03/03/2022)
03/03/2022 16 NOTICE OF HEARING as to Defendant Michael R. Capps THIS IS AN OFFICIAL
NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf
document associated with this entry.) Due to a conflict on the court's calendar, the
Status Conference is reset for 6/1/2022 at 01:30 PM in Wichita Room 414 (EFM)
before Chief District Judge Eric F. Melgren. (cm) (Entered: 03/03/2022)
05/04/2022 17 MOTION to Continue Status Conference and Jury Trial by Michael R. Capps. (Kerns,
Kurt) (Entered: 05/04/2022)
05/05/2022 18 ORDER TO CONTINUE granting 17 Motion to Continue. Speedy Trial Time
excluded from 6/1/2022 until 8/16/2022 as to Michael R. Capps (1). Status
Conference set for 8/5/2022 at 02:00 PM in Wichita Room 414 (EFM) before Chief
District Judge Eric F. Melgren. Jury Trial set for 8/16/2022 at 09:00 AM in Wichita
Courtroom 408 (EFM) before Chief District Judge Eric F. Melgren. Signed by Chief
District Judge Eric F. Melgren on 5/5/2022. (sz) (Entered: 05/05/2022)
07/08/2022 19 MOTION to Continue Status Conference and Jury Trial by Michael R. Capps. (Kerns,
Kurt) (Entered: 07/08/2022)
07/11/2022 20 MOTION to Continue Status Conference and Jury Trial by USA as to Michael R.
Capps. (Metzger, Alan) (Entered: 07/11/2022)
07/12/2022 21 ORDER TO CONTINUE granting 19 Motion to Continue as to Michael R. Capps (1);
finding as moot 20 Motion to Continue as to Michael R. Capps (1). Status Conference
set for 10/31/2022 at 09:45 AM in Wichita Room 414 (EFM) before Chief District
Judge Eric F. Melgren. Jury Trial set for 11/15/2022 at 09:00 AM in Wichita
Courtroom 408 (EFM) before Chief District Judge Eric F. Melgren. Signed by Chief
District Judge Eric F. Melgren on 7/12/2022. (sz) (Entered: 07/12/2022)

5
10/26/2022 22 MOTION in Limine by USA as to Michael R. Capps. (Attachments: # 1 Attachment
1, # 2 Attachment 2, # 3 Attachment 3, # 4 Attachment 4, # 5 Attachment 5, # 6
Attachment 6, # 7 Attachment 7, # 8 Attachment 8)(Metzger, Alan) (Entered:
10/26/2022)
10/26/2022 23 SEALED MOTION for Leave to File Under Seal Motion in Limine by USA as to
Michael R. Capps. (Attachments: # 1 Proposed Sealed Document, # 2 Proposed
Sealed Document Exhibit 10, # 3 Proposed Sealed Document Exhibit 15, # 4
Proposed Sealed Document Exhibit 23)(Metzger, Alan) (Entered: 10/26/2022)
10/27/2022 24 ORDER granting 23 Sealed Motion for Leave to File Under Seal. Counsel is directed
to file forthwith the requested document(s) with an event from the SEALED
DOCUMENTS category as to Michael R. Capps (1) Signed by Chief District Judge
Eric F. Melgren on 10/27/2022. (This is a TEXT ENTRY ONLY. There is no.pdf
document associated with this entry.) (cm) (Entered: 10/27/2022)
10/27/2022 25 SEALED MOTION in Limine by USA as to Michael R. Capps. (Attachments: # 1
Exhibit 10, # 2 Exhibit 15, # 3 Exhibit 23)(Metzger, Alan) (Entered: 10/27/2022)
10/28/2022 26 Amended MOTION in Limine by USA as to Michael R. Capps. (Attachments: # 1
Attachment 1, # 2 Attachment 2, # 3 Attachment 3, # 4 Attachment 4, # 5 Attachment
5, # 6 Attachment 6, # 7 Attachment 7, # 8 Attachment 8, # 9 Attachment 9)(Metzger,
Alan) (Entered: 10/28/2022)
10/31/2022 27 MINUTE ENTRY for proceedings held before Chief District Judge Eric F. Melgren:
STATUS CONFERENCE as to Michael R. Capps held on 10/31/2022. (This is a
TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (cm)
(Entered: 10/31/2022)
10/31/2022 28 MOTION to Continue Jury Trial by Michael R. Capps. (Kerns, Kurt) (Entered:
10/31/2022)
10/31/2022 29 ORDER granting 28 Motion to Continue Jury Trial. Speedy trial time excluded from
11/15/2022 until 12/20/2022 as to Michael R. Capps (1). Jury Trial is reset for
12/20/2022 at 09:00 AM in Wichita Courtroom 408 (EFM) before Chief District
Judge Eric F. Melgren. Signed by Chief District Judge Eric F. Melgren on
10/31/2022. (mam) (Entered: 10/31/2022)
10/31/2022 30 ORDER as to Michael R. Capps re 26 Amended MOTION in Limine filed by USA.
At the direction of Chief Judge Eric F. Melgren, defendant will file a response to the
Amended Motion in Limine on or before 11/7/2022. Signed by Chief District Judge
Eric F. Melgren on 10/31/2022. (This is a TEXT ENTRY ONLY. There is no.pdf
document associated with this entry.) (cm) (Entered: 10/31/2022)
10/31/2022 31 ORDER granting in part and denying in part 25 Sealed Motion as to Michael R.
Capps (1). Signed by Chief District Judge Eric F. Melgren on 10/31/2022. (ca)
(Entered: 10/31/2022)
11/01/2022 32 NOTICE OF HEARING as to Defendant Michael R. Capps THIS IS AN OFFICIAL
NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf
document associated with this entry.) Jury Trial set for 12/12/2022 at 09:00 AM in
Wichita Courtroom 408 (EFM) before Chief District Judge Eric F. Melgren. Jury
Trial set for 12/14/2022, 12/15/2022, and 12/19/2022 at 08:30 AM in Wichita
Courtroom 408 (EFM) before Chief District Judge Eric F. Melgren. (cm) (Entered:
11/01/2022)

6
11/17/2022 33 Unopposed MOTION in Limine by USA as to Michael R. Capps. (Metzger, Alan)
(Entered: 11/17/2022)
11/17/2022 34 TRIAL ORDER estimated trial time 4 days as to Michael R. Capps. In Limine/Jury
Instructions Conference set for 12/2/2022 at 01:30 PM in Wichita Courtroom 408
(EFM) before Chief District Judge Eric F. Melgren. Signed by Chief District Judge
Eric F. Melgren on 11/17/2022. (cm) (Entered: 11/17/2022)
11/17/2022 35 ORDER granting 33 Motion in Limine as to Michael R. Capps (1). Exhibit 29 may be
admitted into evidence during the trial of this matter without the necessity of a
sponsoring/foundation witness. Signed by Chief District Judge Eric F. Melgren on
11/17/2022. (sz) (Entered: 11/17/2022)
11/28/2022 36 EXHIBIT LIST by USA as to Michael R. Capps. (Metzger, Alan) (Entered:
11/28/2022)
11/28/2022 37 WITNESS LIST by USA as to Michael R. Capps. (Metzger, Alan) (Entered:
11/28/2022)
11/29/2022 38 AMENDED EXHIBIT LIST by USA as to Michael R. Capps. (Metzger, Alan)
(Entered: 11/29/2022)
11/30/2022 39 PROPOSED JURY INSTRUCTIONS by USA as to Michael R. Capps. (Metzger,
Alan) (Entered: 11/30/2022)
11/30/2022 40 ENTRY OF APPEARANCE on behalf of USA by Molly M. Gordon. (Gordon,
Molly) (Entered: 11/30/2022)
11/30/2022 41 PROPOSED JURY INSTRUCTIONS by Michael R. Capps. (Kerns, Kurt) (Entered:
11/30/2022)
11/30/2022 42 PROPOSED VOIR DIRE QUESTIONS by USA as to Michael R. Capps. (Metzger,
Alan) (Entered: 11/30/2022)
11/30/2022 43 EXHIBIT LIST by Michael R. Capps (Kerns, Kurt) (Entered: 11/30/2022)
11/30/2022 44 WITNESS LIST by Michael R. Capps (Kerns, Kurt) (Entered: 11/30/2022)
11/30/2022 45 PROPOSED VOIR DIRE QUESTIONS by Michael R. Capps (Kerns, Kurt) (Entered:
11/30/2022)
12/02/2022 46 MINUTE ENTRY for proceedings held before Chief District Judge Eric F. Melgren:
granting 26 Motion in Limine as to Michael R. Capps (1); finding as moot 22 Motion
in Limine as to Michael R. Capps (1); PRETRIAL CONFERENCE as to Michael R.
Capps held on 12/2/2022. (Court Reporter Jo Wilkinson) (This is a TEXT ENTRY
ONLY. There is no.pdf document associated with this entry.) (cm) (Entered:
12/02/2022)
12/05/2022 47 PROPOSED JURY INSTRUCTIONS − Supplemental by USA as to Michael R.
Capps (Metzger, Alan) (Entered: 12/05/2022)
12/05/2022 48 NOTICE OF HEARING as to Defendant Michael R. Capps THIS IS AN OFFICIAL
NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf
document associated with this entry.) In Court/Jury Instructions Conference set for
12/9/2022 at 09:00 AM in Wichita Courtroom 408 (EFM)before Chief District Judge
Eric F. Melgren. (cm) (Entered: 12/05/2022)

7
12/05/2022 49 EXHIBIT LIST by Michael R. Capps (Kerns, Kurt) (Entered: 12/05/2022)
12/06/2022 50 WITNESS LIST by USA as to Michael R. Capps (Metzger, Alan) (Entered:
12/06/2022)
12/06/2022 51 PROPOSED JURY INSTRUCTIONS − Second Supplemental by USA as to Michael
R. Capps (Metzger, Alan) (Entered: 12/06/2022)
12/06/2022 52 PROPOSED FORFEITURE JURY INSTRUCTIONS by USA as to Michael R.
Capps (Metzger, Alan) (Entered: 12/06/2022)
12/07/2022 53 MOTION in Limine to Bar Expert Testimony by Michael R. Capps. (Kerns, Kurt)
(Entered: 12/07/2022)
12/07/2022 54 NOTICE OF HEARING as to Defendant Michael R. Capps THIS IS AN OFFICIAL
NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf
document associated with this entry.) In Court/Jury Instructions Conference set for
12/9/2022 at 09:00 AM in Wichita Room 414 (EFM)before Chief District Judge Eric
F. Melgren. NOTE: THIS IS A LOCATION CHANGE ONLY.(cm) (Entered:
12/07/2022)
12/08/2022 55 WITNESS LIST by Michael R. Capps (Kerns, Kurt) (Entered: 12/08/2022)
12/08/2022 56 RESPONSE TO MOTION by USA as to Michael R. Capps re 53 MOTION in Limine
to Bar Expert Testimony (Metzger, Alan) (Entered: 12/08/2022)
12/09/2022 57 UNOPPOSED MOTION to Dismiss Count 11 by USA as to Michael R. Capps.
(Metzger, Alan) (Entered: 12/09/2022)
12/09/2022 60 MINUTE ENTRY for proceedings held before Chief District Judge Eric F. Melgren:
IN COURT/JURY INSTRUCTIONS CONFERENCE as to Michael R. Capps held on
12/9/2022. (Court Reporter Jo Wilkinson) (This is a TEXT ENTRY ONLY. There is
no.pdf document associated with this entry.) (cm) (Entered: 12/14/2022)
12/12/2022 58 MINUTE ENTRY for proceedings held before Chief District Judge Eric F. Melgren:
JURY TRIAL as to Michael R. Capps held on 12/12/2022. (Court Reporter Jo
Wilkinson) (This is a TEXT ENTRY ONLY. There is no.pdf document associated
with this entry.) (cm) (Entered: 12/12/2022)
12/13/2022 59 ORDER granting without prejudice 57 Unopposed Motion to Dismiss Count 11 as to
Michael R. Capps (1). Signed by Chief District Judge Eric F. Melgren on 12/12/2022.
(mam) (Entered: 12/13/2022)
12/14/2022 61 MINUTE ENTRY for proceedings held before Chief District Judge Eric F. Melgren:
JURY TRIAL as to Michael R. Capps held on 12/14/2022. (Court Reporter Jo
Wilkinson) (This is a TEXT ENTRY ONLY. There is no.pdf document associated
with this entry.) (cm) (Entered: 12/14/2022)
12/15/2022 62 MINUTE ENTRY for proceedings held before Chief District Judge Eric F. Melgren:
JURY TRIAL as to Michael R. Capps held on 12/15/2022. (Court Reporter Jo
Wilkinson) (This is a TEXT ENTRY ONLY. There is no.pdf document associated
with this entry.) (cm) (Entered: 12/15/2022)
12/18/2022 63 MOTION TO READ INSTRUCTIONS TO JURY AT CLOSE OF EVIDENCE by
Michael R. Capps. (Kerns, Kurt) Modified on 12/19/2022 to re−title. (mam) (Entered:
12/18/2022)

8
12/19/2022 64 EXHIBIT LIST by Michael R. Capps (Kerns, Kurt) (Entered: 12/19/2022)
12/19/2022 65 ORDER denying, in open court, 63 Motion for Order as to Michael R. Capps (1)
Signed by Chief District Judge Eric F. Melgren on 12/19/2022. (This is a TEXT
ENTRY ONLY. There is no.pdf document associated with this entry.) (cm) (Entered:
12/19/2022)
12/19/2022 66 ORDER for Juror Lunch as to Michael R. Capps. Signed by Chief District Judge Eric
F. Melgren on 12/19/2022. (cm) (Entered: 12/19/2022)
12/19/2022 67 TRANSCRIPT of Jury Trial, Excerpt of James Clendenin, held 12−14−22 as to
Michael R. Capps before Judge Eric F. Melgren, Court Reporter Jo Wilkinson,
316−315−4334, jo_wilkinson@ksd.uscourts.gov. Transcript purchased by: Mr. Dion
Lefler, Wichita Eagle.

NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this
filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of
the party's intent to redact personal data identifiers from the electronic
transcript of the court proceeding. The policy is located on our website at
www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to
Redact is filed within the allotted time, this transcript will be made electronically
available on the date set forth below.

Transcript may be viewed at the court public terminal or purchased through the Court
Reporter/Transcriber before the deadline for Release of Transcript Restriction. After
that date it may be obtained through the Court Reporter or PACER. Release of
Transcript Restriction set for 3/20/2023. (jw) (Entered: 12/19/2022)
12/19/2022 68 MINUTE ENTRY for proceedings held before Chief District Judge Eric F. Melgren:
JURY TRIAL as to Michael R. Capps held on 12/19/2022. (Court Reporter Jo
Wilkinson) (This is a TEXT ENTRY ONLY. There is no.pdf document associated
with this entry.) (cm) (Entered: 12/19/2022)
12/19/2022 69 JURY INSTRUCTIONS as to Michael R. Capps. (sz) (Entered: 12/20/2022)
12/21/2022 70 QUESTIONS FROM THE JURY filed as to Michael R. Capps. (kas) (Entered:
12/21/2022)
12/21/2022 71 ORDER as to Michael R. Capps. Lunch ordered for jurors during deliberations.
Signed by Chief District Judge Eric F. Melgren on 12/21/2022. (cm) (Entered:
12/21/2022)
12/21/2022 72 MINUTE ENTRY for proceedings held before Chief District Judge Eric F. Melgren:
JURY TRIAL as to Michael R. Capps concluded on 12/21/2022. (Court Reporter Jo
Wilkinson) (Attachments: # 1 Witness Sheet, # 2 Exhibit List Plaintiff's, # 3 Exhibit
List Defendant's) (cm) (Entered: 12/22/2022)
12/21/2022 73 JURY VERDICT as to Michael R. Capps (1). Defendant found Guilty on Counts 1−2,
4−5, 7−10 and 12−15; Not Guilty on Counts 3, 6 and 16−19. (mam) (Additional
attachment(s) added on 12/22/2022: # 1 Unredacted Verdict) (mam). (Entered:
12/22/2022)
12/21/2022 74 FORFEITURE INSTRUCTIONS TO THE JURY as to Michael R. Capps. Signed by
District Judge Eric F. Melgren on 12/21/2022. (mam) (Entered: 12/22/2022)
12/21/2022 75

9
SPECIAL VERDICT FORM FOR FORFEITURE as to Michael R. Capps. (mam)
(Additional attachment(s) added on 12/22/2022: # 1 Unredacted Special Verdict
Form) (mam). (Entered: 12/22/2022)
12/27/2022 76 TRANSCRIPT of Excerpt of Jury Trial, Defense Opening Statements, held December
12, 2022, as to Michael R. Capps before Judge Eric F. Melgren, Court Reporter Jo
Wilkinson, 316−315−4334, jo_wilkinson@ksd.uscourts.gov. Transcript purchased by:
Ms. Molly M. Gordon.

10
NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this
filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of
the party's intent to redact personal data identifiers from the electronic
transcript of the court proceeding. The policy is located on our website at
www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to
Redact is filed within the allotted time, this transcript will be made electronically
available on the date set forth below.

Transcript may be viewed at the court public terminal or purchased through the Court
Reporter/Transcriber before the deadline for Release of Transcript Restriction. After
that date it may be obtained through the Court Reporter or PACER. Release of
Transcript Restriction set for 4/13/2023. (jw) (Entered: 01/13/2023)
01/25/2023 81 MOTION for Preliminary Order of Forfeiture of Property by USA as to Michael R.
Capps. (Gurney, Annette) (Entered: 01/25/2023)
01/27/2023 82 RESPONSE TO MOTION by USA as to Michael R. Capps re 77 Motion for New
Trial. (Gordon, Molly) (Entered: 01/27/2023)
02/16/2023 83 PRELIMINARY ORDER OF FORFEITURE granting 81 Motion for Preliminary
Order of Forfeiture of Property as to Michael R. Capps (1). Signed by Chief District
Judge Eric F. Melgren on 2/16/2023. (sz) (Entered: 02/16/2023)
02/17/2023 84 MEMORANDUM AND ORDER denying 77 Defendant's Motion for a New Trial as
to Michael R. Capps (1). Signed by Chief District Judge Eric F. Melgren on
2/17/2023. (mam) (Entered: 02/17/2023)
02/21/2023 85 NOTICE OF HEARING as to Defendant Michael R. Capps THIS IS AN OFFICIAL
NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf
document associated with this entry.) Due to a conflict on the Court's calendar, the
Sentencing is being reset for 3/30/2023 at 02:30 PM in Wichita Courtroom 408
(EFM) before Chief District Judge Eric F. Melgren. (cm) (Entered: 02/21/2023)
03/22/2023 86 NOTICE OF HEARING as to Defendant Michael R. Capps. THIS IS AN OFFICIAL
NOTICE FOR THIS HEARING. (This is a TEXT ENTRY ONLY. There is no.pdf
document associated with this entry.) At request of counsel, the Sentencing is reset for
4/24/2023 at 01:30 PM in Wichita Courtroom 408 (EFM) before Chief District Judge
Eric F. Melgren. Sentencing Memorandum Deadline set for 4/17/2023. (cm) (Entered:
03/22/2023)
04/14/2023 87 PRESENTENCE INVESTIGATION REPORT as to Michael R. Capps

(NOTE: Access to this document is restricted to the USA and this defendant.)

(USPO) (Entered: 04/14/2023)
04/14/2023 88 NOTICE OF HEARING as to Defendant Michael R. Capps THIS IS AN OFFICIAL
NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf
document associated with this entry.) Sentencing set for 5/11/2023 at 02:00 PM in
Wichita Courtroom 408 (EFM) before Chief District Judge Eric F. Melgren.
Sentencing Memorandum Deadline set for 5/5/2023. (cm) (Entered: 04/14/2023)
05/01/2023 89 TRANSCRIPT of Jury Trial, Testimony of Michael Capps, held December 15, 2022,
as to Michael R. Capps before Judge Eric F. Melgren, Court Reporter Jo Wilkinson,
316−315−4334, jo_wilkinson@ksd.uscourts.gov. Transcript purchased by: Ms. Molly

11
Gordon.

Transcript may be viewed at the court public terminal or purchased through the Court
Reporter/Transcriber before the deadline for Release of Transcript Restriction. After
that date it may be obtained through the Court Reporter or PACER. Release of
Transcript Restriction set for 7/31/2023. (jw) (Entered: 05/01/2023)
05/05/2023 91 SENTENCING MEMORANDUM by USA as to Michael R. Capps (Gordon, Molly)
(Entered: 05/05/2023)
05/05/2023 92 SENTENCING MEMORANDUM by Michael R. Capps (Attachments: # 1 Exhibit A,
# 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit
G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13
Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Kerns, Kurt) (Entered: 05/05/2023)
05/10/2023 93 SERVICE BY PUBLICATION filed by USA as to Michael R. Capps. Last
publication date April 15, 2023. (Attachments: # 1 Attachment 1)(Gurney, Annette)
(Entered: 05/10/2023)
05/10/2023 94 RESPONSE TO Sentencing Memorandum by USA as to Michael R. Capps (Gordon,
Molly) (Entered: 05/10/2023)
05/11/2023 95 MINUTE ENTRY for proceedings held before Chief District Judge Eric F. Melgren:
SENTENCING HEARING held on 5/11/2023 as to defendant Michael R. Capps.
Defendant was sentenced to 27 months to Bureau of Prisons and was allowed to
self−surrender. (Court Reporter Jo Wilkinson) (This is a TEXT ENTRY ONLY.
There is no.pdf document associated with this entry.) (cm) (Entered: 05/11/2023)

12
05/12/2023 96 EXHIBIT LIST by Government from Sentencing for Michael R. Capps. (cm)
(Entered: 05/12/2023)
05/12/2023 97 AMENDED PRESENTENCE INVESTIGATION REPORT as to Michael R. Capps

(NOTE: Access to this document is restricted to the USA and this defendant.)

(USPO) (Entered: 05/12/2023)
05/12/2023 98 JUDGMENT as to Michael R. Capps (1) − Counts: 1, 2, 4, 5, 7−10, 12−15 Sentenced
to 27 months imprisonment and 2 years supervised release; each count, running
concurrently. $1200.00 special assessment fee. $318,647.21 restitution. Acquitted on
Counts 3, 6, 16, 17, 18, and 19. Count 11, Dismissed per the Order filed 12/13/2022.
Signed by Chief District Judge Eric F. Melgren on 5/12/2023. (ca) (Entered:
05/12/2023)
05/12/2023 99 STATEMENT OF REASONS as to Michael R. Capps re 98 Judgment.

(NOTE: Access to this document is restricted to the USA and this defendant.)

(ca) (Entered: 05/12/2023)
05/16/2023 100 MOTION to Withdraw Kurt Kerns as Attorney by Michael R. Capps. (Kerns, Kurt)
(Entered: 05/16/2023)
05/17/2023 101 NOTICE OF APPEAL TO 10CCA as to defendant Michael R. Capps (Kerns, Kurt)
(Entered: 05/17/2023)
05/26/2023 APPEAL FEE STATUS: filing fee Not Paid re: 101 Notice of Appeal on behalf of
Defendant Michael R. Capps. (THIS IS A TEXT ONLY ENTRY−NO DOCUMENT
IS ASSOCIATED WITH THIS TRANSACTION) (kas) (Entered: 05/26/2023)

13
AO 245B (Rev. 09/19 - D/KS 04/20) Judgment in a Criminal Case
Sheet 1

United States District Court
District of Kansas
UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE
v.
Michael R Capps Case Number: 6:21CR10073 - 001
USM Number: 66142-509
Defendant’s Attorney: Kurt P. Kerns

THE DEFENDANT:

‫܆‬ pleaded guilty to count(s): .
‫܆‬ pleaded nolo contendere to count(s) which was accepted by the court.
‫܈‬ was found guilty on count(s) 1, 2, 4, 5, 7-10, 12-15 of the Indictment after a plea of not guilty.

The defendant is adjudicated guilty of these offenses:

Title & Section Nature of Offense Offense Ended Count

See Next Page

The defendant is sentenced as provided in pages 1 through 8 of this judgment. The sentence is imposed pursuant to the
Sentencing Reform Act of 1984.

‫܈‬ The defendant has been found not guilty on count(s) 3, 6, 16, 17, 18, and 19 of the Indictment .

‫܈‬ Count 11 was previously dismissed on the motion of the United States.

IT IS ORDERED that the defendant shall 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 shall notify the court and United States attorney of material changes in economic
circumstances.

05/11/2023
Date of Imposition of Judgment

V(ULF)0HOJUHQ
Signature of Judge

Honorable Eric F. Melgren, Chief U.S. District Judge
Name & Title of Judge

Date

14
AO 245B (Rev. 09/19 - D/KS 04/20) Judgment in a Criminal Case
Sheet 1A
Judgment – Page 2 of 8
DEFENDANT: Michael R Capps
CASE NUMBER: 6:21CR10073 - 001

ADDITIONAL COUNTS OF CONVICTION
Title & Section Nature of Offense Offense Count
Ended
18 U.S.C. § 1014 FALSE STATEMENTS TO A BANK FOR PPP LOAN, a Class B 05/04/2020 1
Felony

18 U.S.C. § 1344(2) BANK FRAUD, a Class B Felony 05/04/2020 2

18 U.S.C. § 1001(a) FALSE STATEMENT TO THE SBA FOR EID LOAN, a Class D 03/31/2020 4
Felony

18 U.S.C. § 1001(a) FALSE STATEMENT TO THE SBA FOR EID LOAN, a Class D 03/31/2020 5
Felony

18 U.S.C. § 1343 WIRE FRAUD, a Class C Felony 03/31/2020 7

18 U.S.C. § 1343 WIRE FRAUD, a Class C Felony 03/31/2020 8

18 U.S.C. § 1343 WIRE FRAUD, a Class C Felony 08/19/2020 9

18 U.S.C. § 1343 WIRE FRAUD, a Class C Felony 08/19/2020 10

18 U.S.C. § 1957 MONEY LAUNDERING, a Class C Felony 05/26/2020 12

18 U.S.C. § 1957 MONEY LAUNDERING, a Class C Felony 05/26/2020 13

18 U.S.C. § 1957 MONEY LAUNDERING, a Class C Felony 05/26/2020 14

18 U.S.C. § 1957 MONEY LAUNDERING, a Class C Felony 05/26/2020 15

15
AO 245B (Rev. 09/19 - D/KS 04/20) Judgment in a Criminal Case
Sheet 2 – Imprisonment
Judgment – Page 3 of 8
DEFENDANT: Michael R Capps
CASE NUMBER: 6:21CR10073 - 001

IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
27 months.

Cts. 1, 2, 4, 5, 7, 8, 9, 10, 12, 13, 14, & 15: 27 months on each count, running concurrently.

‫܈‬ The Court makes the following recommendations to the Bureau of Prisons:
At request of defendant, designation to a facility close to family in Wichita, Kansas, to facilitate family visitation.

‫܆‬ The defendant is remanded to the custody of the United States Marshal.

‫܆‬ The defendant shall surrender to the United States Marshal for this district.

‫ ܆‬at on .

‫ ܆‬as notified by the United States Marshal.

‫܈‬ The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:

‫ ܆‬before on .

‫ ܈‬as notified by the United States Marshal.

‫ ܆‬as notified by the Probation or Pretrial Services Officer.

RETURN
I have executed this judgment as follows:

Defendant delivered on to

at , with a certified copy of this judgment.

UNITED STATES MARSHAL

By
Deputy U.S. Marshal

16
AO 245B (Rev. 09/19 - D/KS 04/20) Judgment in a Criminal Case
Sheet 3 – Supervised Release
Judgment – Page 4 of 8
DEFENDANT: Michael R Capps
CASE NUMBER: 6:21CR10073 - 001

SUPERVISED RELEASE
Upon release from imprisonment, you will be on supervised release for a term of 2 years.

Cts. 1, 2, 4, 5, 7, 8, 9, 10, 12, 13, 14, & 15: 2 years on each count, running concurrently.

MANDATORY CONDITIONS
1. You must not commit another federal, state, or local crime.

2. 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, not to exceed eight (8) drug tests per month.

‫܆‬ 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. ‫ ܈‬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.)

5. ‫܈‬ You must cooperate in the collection of DNA as directed by the probation officer. (Check if applicable.)

6. ‫܆‬ 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. ‫܆‬ 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.

17
AO 245B (Rev. 09/19 - D/KS 04/20) Judgment in a Criminal Case
Sheet 3A – Supervised Release
Judgment – Page 5 of 8
DEFENDANT: Michael R Capps
CASE NUMBER: 6:21CR10073 - 001

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.
4. You must answer truthfully the questions asked by your probation officer.
5. 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. If you 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 (i.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. If the probation officer determines that you pose a risk to another person (including an organization), the probation officer may, after obtaining
court approval, require you to notify the person about the risk and you must comply with that instruction.
13. You must follow the instructions of the probation officer related to the conditions of supervision.

U.S. Probation Office Use Only
A U.S. 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. I understand additional information regarding these conditions is available at the www.uscourts.gov.

Defendant's Signature Date

18
AO 245B (Rev. 09/19 - D/KS 04/20) Judgment in a Criminal Case
Sheet 3C - Supervised Release
Judgment – Page 6 of 8
DEFENDANT: Michael R Capps
CASE NUMBER: 6:21CR10073 - 001

SPECIAL CONDITIONS OF SUPERVISION
1. You must not engage in any occupation, business, profession, or volunteer activity in which you have
discretionary authority over financial matters without the approval of the U.S. Probation Officer.

2. You must not incur new credit charges or open, or attempt to open, additional lines of credit, without the
prior approval of the U.S. Probation Officer. You must also execute any release of information forms
necessary for the probation officer to monitor your compliance with the credit restrictions.

3. You must immediately provide the U.S. Probation Officer with access to any and all requested financial
information, to include executing any release of information forms necessary for the probation office to
obtain and/or verify said financial information.

4. You must participate in an approved program for mental health treatment, and follow the rules and
regulations of that program, which may include psychological counseling. You must contribute toward
the cost, to the extent you are financially able to do so.

5. You must take all mental health medications that are prescribed by your treating physician, and you must
contribute toward the cost, to the extent you are financially able to do so.

6. You must submit your person, property, house, residence, vehicle, papers, computers (as defined in 18
U.S.C. § 1030(e)(1)), other electronic communications or data storage devices or media, or office, to a
search conducted by a United States Probation Officer. Failure to submit to a search may be grounds for
revocation of release. You must warn any other occupants that the premises may be subject to searches
pursuant to this condition. An officer may conduct a search pursuant to this condition only when
reasonable suspicion exists that you have violated a condition of supervision and that the areas to be
searched contain evidence of this violation. Any search must be conducted at a reasonable time and in a
reasonable manner.

ACKNOWLEDGMENT OF CONDITIONS:
I have read or have had read to me the conditions of supervision set forth in this judgment; and I fully understand them. I have been
provided a copy of them. I understand upon finding of a violation of probation or supervised release, the Court may (1) revoke
supervision, (2) extend the term of supervision and/or (3) modify the conditions of supervision.

Defendant's Signature Date

USPO Signature Date

19
AO 245B (Rev. 09/19 - D/KS 04/20) Judgment in a Criminal Case
Sheet 5 – Criminal Monetary Penalties
Judgment – Page 7 of 8
DEFENDANT: Michael R Capps
CASE NUMBER: 6:21CR10073 - 001

CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the Schedule of Payments set forth in this Judgment.
Assessment Restitution Fine AVAA Assessment* JVTA Assessment**

TOTALS $1,200 $318,647.21 Waived Not applicable Not applicable

‫܆‬ The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C) will be entered
after such determination.

‫܈‬ The defendant shall make restitution (including community restitution) to the following payees in the amounts listed below.

If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment, unless specified
otherwise in the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(i), all nonfederal victims
must be paid before the United States is paid.

Name of Payee Total Loss*** Restitution Ordered Priority or Percentage

Small Business Administration $278,647.21
Kansas Department of Commerce $40,000.00

TOTALS $318,647.21

‫܆‬ Restitution amount ordered pursuant to plea agreement ____.

‫܆‬ The defendant shall pay interest on any fine or restitution of more than $2,500, unless the fine or restitution 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 set forth in this
Judgment 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:

‫ ܈‬the interest requirement is waived for the ‫ ܆‬fine and/or ‫ ܈‬restitution.

‫ ܆‬the interest requirement for the ‫ ܆‬fine and/or ‫ ܆‬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.
20
AO 245B (Rev. 09/19 - D/KS 04/20) Judgment in a Criminal Case
Sheet 6 – Schedule of Payments
Judgment – Page 8 of 8
DEFENDANT: Michael R Capps
CASE NUMBER: 6:21CR10073 - 001

SCHEDULE OF PAYMENTS
Criminal monetary penalties are due immediately. Having assessed the defendant's ability to pay, payment of the total criminal monetary
penalties is due as follows, but this schedule in no way abrogates or modifies the government's ability to use any lawful means at any
time to satisfy any remaining criminal monetary penalty balance, even if the defendant is in full compliance with the payment schedule:

A ‫܆‬ Lump sum payment of $ due immediately, balance due
‫ ܆‬not later than , or
‫ ܆‬in accordance with ‫ ܆‬C, ‫ ܆‬D, ‫ ܆‬E, or ‫ ܆‬F below; or

B ‫܈‬ Payment to begin immediately (may be combined with ‫ ܆‬C, ‫ ܆‬D, or ‫ ܈‬F below); or

C ‫܆‬ Payment in monthly installments of not less than 5% of the defendant's monthly gross household income over a period
of years to commence days after the date of this judgment; or

D ‫܈‬ Payment of not less than 10% of the funds deposited each month into the inmate's trust fund account and monthly
installments of not less than 5% of the defendant's monthly gross household income over a period of 2 years, to
commence 30 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:

If restitution is ordered, the Clerk, U.S. District Court, may hold and accumulate restitution payments, without distribution, until the
amount accumulated is such that the minimum distribution to any restitution victim will not be less than $25.

Payments should be made to Clerk, U.S. District Court, U.S. Courthouse - Room 204, 401 N. Market, Wichita, Kansas 67202, or may
be paid electronically via Pay.Gov.

Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is
due during 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.

‫܆‬ 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.

Case Number
Defendant and Co-Defendant Names Joint and Several Corresponding Payee,
(including defendant number) Total Amount Amount if appropriate

‫܆‬ The defendant shall pay the cost of prosecution.

‫܆‬ 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. Payments against any money
judgment ordered as part of a forfeiture order should be made payable to the United States of America, c/o United States
Attorney, Attn: Asset Forfeiture Unit, 1200 Epic Center, 301 N. Main, Wichita, Kansas 67202.
A. Contents of account number xxxxx4457, located in Pershing LLC account, styled as Michael R. Capps, TOD DTD 04/1 1/2019,
located at Pershing LLC, One Pershing Plaza, Jersey City, New Jersey - $197,306.83.
*The Court noted the forfeiture of $197,306.83 should be applied to the restitution.

B. a Forfeiture judgment in the amount of $178,193.17.
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.
21
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
(WICHITA DOCKET)

THE UNITED STATES OF AMERICA, )
)
Plaintiff, )
v. ) Case No. 6:21-cr-10073-EFM
)
MICHAEL R. CAPPS, )
)
Defendant, )
__________________________________________)

NOTICE OF APPEAL

NOTICE is hereby given that Michael R. Capps, Defendant in the above-named case,

hereby appeals to the United States Court of Appeals for the Tenth Circuit from the final judgment

entered in this action of the 11th day of May, 2023.

Respectfully submitted,

/s/ Kurt P. Kerns
Kurt P. Kerns, #15028
328 North Main Street
Wichita, KS 67202
Telephone: (316) 265-5511
Email: kurtpkerns@aol.com
Counsel for Defendant Michael Capps

CERTIFICATE OF SERVICE

The undersigned certifies that on May 17, 2023, a true and correct copy of the foregoing
was filed and served electronically pursuant to the CM/ECF system on all counsel of record.

/s/ Kurt P. Kerns
Kurt P. Kerns, #15028

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