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Transcript of Motions Hearing — United States v. Ryan Dales (District of Maryland, May 3, 2024)

Summary

A transcript of a motions hearing before Chief Judge George Levi Russell, III, on May 3, 2024, at 9:35 A.M., in United States v. Ryan Dales, Criminal No. GLR-23-0026, Document 66, filed July 10, 2024, in the U.S. District Court for the District of Maryland, Baltimore Division. The appearances list Paul A. Riley and Erek Barron for the plaintiff and Richard B. Bardos for the defendant. In the opening pages the Court states its understanding of two defense motions, a Motion to Suppress Evidence (ECF Number 49) and a Motion to Sever counts (ECF Number 50), including a staleness argument about the search warrant affidavit. Mr. Bardos then argues that no crimes were committed at the place searched.

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“Transcript of Motions Hearing — United States v. Ryan Dales (District of Maryland, May 3, 2024).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-mdd-529188-66-0-46fa4283c9/, SHA-256 b3faec6644426ce02caa63f1f0d9046800b3b598065e969abb122ec7d7b076ac.

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         Case 1:23-cr-00026-GLR   Document 66   Filed 07/10/24   Page 1 of 68


 1                  IN THE UNITED STATES DISTRICT COURT
                       FOR THE DISTRICT OF MARYLAND
 2                           BALTIMORE DIVISION

 3   ________________________________
                                    )
 4   UNITED STATES OF AMERICA,      )
                                    )
 5        Plaintiff,                )
                                    )Criminal No. GLR-23-0026
 6   vs.                            )
                                    )
 7   RYAN DALES                     )
                                    )
 8        Defendant.                )
     _______________________________)
 9

10

11                    TRANSCRIPT OF MOTIONS HEARING
        BEFORE THE HONORABLE CHIEF JUDGE GEORGE LEVI RUSSELL, III
12                       MAY 3, 2024 AT 9:35 A.M.

13

14   APPEARANCES:

15        ON BEHALF OF THE PLAINTIFF:
            PAUL A. RILEY, ESQUIRE
16          EREK BARRON, ESQUIRE

17        ON BEHALF OF THE DEFENDANT:
            RICHARD B. BARDOS, ESQUIRE
18
          ALSO PRESENT:
19          SPECIAL AGENT SUMMER BALL
            SPECIAL AGENT BRIAN GORMAN
20

21

22          (Computer-aided transcription of stenotype notes)

23                               Reported by:
                          Ronda J. Thomas, RMR, CRR
24                        Federal Official Reporter
                      101 W. Lombard Street, 4th Floor
25                        Baltimore, Maryland 21201

          Ronda J. Thomas, RMR, CRR - Federal Official Reporter
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          Case 1:23-cr-00026-GLR    Document 66   Filed 07/10/24   Page 2 of 68


 1   9:38 a.m.

 2               THE COURT:    Good morning, Counsel.        You can have a

 3   seat everyone.     Why don't you call the case.

 4               MR. RILEY:    Yes, Your Honor.      Calling the case of

 5   United States of America v. Ryan E. Dales.             That's Criminal

 6   No. GLR-23-cr-0026.       U.S. Attorney Erek Barron, Assistant U.S.

 7   Attorney Paul Riley on behalf of the Government.               With us is

 8   Special Agent Summer Ball of the FBI as well as Special Agent

 9   Brian Gorman of DOL-IOG.

10         We're here today this morning for a motions hearing.

11               THE COURT:    Good morning.      All right, Mr. Bardos,

12   always a pleasure, sir.

13               MR. BARDOS:    Yes, Your Honor.      Congratulations on the

14   new salutation for your name.          Rich Bardos on behalf of Ryan

15   Dales who is present to my left.

16               THE COURT:    All right.     Mr. Dales, good morning to

17   you, sir.

18               THE DEFENDANT:      Good morning, sir.

19               THE COURT:    As indicated, we are here for the purpose

20   of a motions hearing.         I indicated, I sent out to counsel

21   earlier, prior to the motions hearing, a notice that the

22   underlying trial that was set will end up having to be

23   rescheduled in the event that we get to a point that we have a

24   trial or need a trial.

25         But, we are here for the purposes of a motions hearing.

           Ronda J. Thomas, RMR, CRR - Federal Official Reporter
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         Case 1:23-cr-00026-GLR   Document 66   Filed 07/10/24   Page 3 of 68


 1   It's my understanding that the Defendant, through counsel, has

 2   filed two motions.     One, a Motion to Sever counts as well as a

 3   Motion to Suppress Evidence.

 4        What is typically my practice, I've had the opportunity to

 5   read both motions as well as the oppositions and the replies.

 6   They are noted at ECF Number 49, which is the Motion to

 7   Suppress, and ECF Number 50.

 8        I'm, of course, going to hear from Mr. Bardos, and I'll

 9   hear from the Government as well, but I wanted to give you my

10   understanding of what the arguments are from my standpoint.

11   And then I'll hear from you to let me know where I'm wrong or

12   where I'm right, and we can proceed from there.

13        First, as to the Motion to Suppress.          There is a Motion to

14   Suppress Evidence seized at 900 East Fort Avenue, Apartment 537

15   in Baltimore, Maryland, which is an address associated with the

16   Defendant.     A warrant was executed on January 20, 2023.

17        The warrant actually was applied for and issued two days

18   earlier.     Inside the warranted affidavit it alleges through the

19   agent that there was reason to believe that evidence of a

20   criminal fraud would be present at the individual location.

21        There were two investigations of fraud.            One related to

22   a -- an identity sort of fraud, an insurance fraud, and a

23   pandemic fraud scheme.

24        In one of the fraud schemes the Defendant identified

25   himself through identification -- don't worry about -- I'm not

          Ronda J. Thomas, RMR, CRR - Federal Official Reporter
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         Case 1:23-cr-00026-GLR   Document 66   Filed 07/10/24   Page 4 of 68


 1   worried about the furrowed brows, if I make a mistake you guys

 2   are going to tell me.

 3        And then in the second -- one of the other frauds there

 4   were other individuals' identities that were assumed for the

 5   purposes of obtaining Government monies.

 6        In addition, there was a second fraud that was related to

 7   actually defrauding other institutions that were not Government

 8   controlled.

 9        The primary argument by the defense is that the

10   information that was provided to -- within the affidavit and

11   provided to the United States magistrate was old, was stale,

12   was over a year and a half or so old, that the schemes that

13   were alleged in the fraud had concluded and that -- one fraud

14   had concluded and then a period of time had passed before

15   investigations led to allegations of a second fraud.

16        Sought to be recovered at the location where evidence of

17   the fraud obviously, but this would include documents and other

18   items that once the warrants were executed -- and there was no

19   mention of any guns or narcotics or any other criminal act, but

20   once the warrants were executed, located allegedly in plain

21   view were firearms, narcotics, narcotic packaging material and

22   but also evidence of fraud -- of a fraud scheme as well.

23        The Defendant was arrested on a separate warrant and when

24   he was Mirandized and taken into custody by the FBI, he

25   admitted to possession of the firearms and/or ownership of the

          Ronda J. Thomas, RMR, CRR - Federal Official Reporter
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         Case 1:23-cr-00026-GLR   Document 66   Filed 07/10/24   Page 5 of 68


 1   narcotics.

 2        He had been on -- during the course of the alleged fraud

 3   scheme, the Defendant was on supervised release out of

 4   Volunteers of America at the time that the purported fraud

 5   scheme was taking place.

 6        One of the numbers and identifying materials that was --

 7   that he used or allegedly used to commit the fraud was, A, his

 8   name, but also his cell phone.       His cell phone number is

 9   associated with the Defendant and that cell phone is associated

10   with the location.

11        The case agent or the affiant used -- affirmed that based

12   upon his training and experience that cell phones are typically

13   kept in private locations and this would include in an

14   individual's residence.

15        This, among other things, is what gave rise to what the

16   Government asserts as probable cause to search the apartment of

17   the Defendant.    Judge Coulson found that there was probable

18   cause.

19        Of course the defense is arguing staleness.             Also arguing

20   there was no alleged ongoing scheme or crime that was being

21   committed, and that there was no reason to believe that the

22   Defendant who didn't live at the apartment at the time the

23   fraud was committed would have in his possession at the

24   residence any proceeds or evidence of the criminal activity.

25        As to the Motion to Sever, it's fairly straightforward

          Ronda J. Thomas, RMR, CRR - Federal Official Reporter
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 1   that these -- all three of these crimes or alleged criminal

 2   acts are not related.        They're dissimilar.      The fraud crimes

 3   are dissimilar in methodology.        They're dissimilar in temporal

 4   proximity.     They're different from the guns in that they're

 5   completely separate offenses from the firearms.              The Government

 6   points out that he's charged with the exact same statute in

 7   both of the fraud schemes as well.

 8        Also, alternatively, in the event for some reason the

 9   Court finds that there is no probable cause, that the Leon, in

10   the good faith exception to the warrant requirement will be

11   applicable in this case, and there's no exception to that

12   exception to the warrant requirement.

13        In a nutshell, Mr. Bardos, I know you're going to tell me

14   where I didn't get it and where I did get it, but that's my

15   understanding of what the issues are here and why we're here.

16        So with that, Mr. Bardos, I'll hear from you, sir.

17             MR. BARDOS:    Thank you, Your Honor.          May I go to the

18   podium?

19             THE COURT:    Of course.

20             MR. BARDOS:    So, apparently, my primary argument did

21   not come across as clearly as I was hoping in my pleadings.

22             THE COURT:    Or maybe I didn't read it as clearly as I

23   should have.    Either way.

24             MR. BARDOS:    Yes.     So the primary argument is this:

25   The place that was searched, the Fort Avenue place, no crimes

          Ronda J. Thomas, RMR, CRR - Federal Official Reporter
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         Case 1:23-cr-00026-GLR   Document 66   Filed 07/10/24   Page 7 of 68


 1   were committed from there.        There's no evidence in the

 2   affidavit that anything happened there.          And, more importantly,

 3   the affidavit actually shows that the crimes that are alleged

 4   in 2021 for the search of January of 2023, all occurred

 5   somewhere else, and they know where that was.

 6        For example, they know that Mr. Dales was living at the

 7   Volunteers of America from December to June, December '20 to

 8   June of 2021.    They know that the affidavit states that the

 9   first fraud was committed with an IP address connected to the

10   Volunteers of America.

11        The way I read that, as defense counsel, is that the crime

12   was committed at the Volunteers of America.           There is nothing

13   that connects an IP address, an electronic transmission from

14   the Fort Avenue address.        Nothing.

15        So what happens is, they have an offense that occurs in

16   December of 2020 at 5000 East Monument Street.              They have two

17   more that don't identify any IP address.          The last thing that

18   happens at all is that, assuming it's Mr. Dales, that he's paid

19   in September of '21 and then nothing.         So there's nothing that

20   connects this address to any of those offenses, other than the

21   presence of Mr. Dales.

22        So the Fourth Circuit has said clearly --

23             THE COURT:    Or they have his cell phone.

24             MR. BARDOS:    Yes.     Let's assume that he had a cell

25   phone.   Number one, there's nothing that indicates that a cell

          Ronda J. Thomas, RMR, CRR - Federal Official Reporter
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         Case 1:23-cr-00026-GLR   Document 66   Filed 07/10/24   Page 8 of 68


 1   phone was used in this offense, in any of these offenses, in

 2   the affidavit.     Doesn't even allege that.

 3               THE COURT:    Was there a mention of the cell phone

 4   number being associated with him in the affidavit?

 5               MR. BARDOS:    Yes, sir.   And here's how:       When the

 6   applications were filed -- and, Your Honor, for the general

 7   purpose, Mr. Dales maintains his not guilty plea.

 8               THE COURT:    Of course.

 9               MR. BARDOS:    For the purposes of this argument, let's

10   assume it was Mr. Dales'.         What happens is the application is

11   filed and in the application they ask for a contact number and

12   his phone number is used -- is listed there.            It's never used.

13   It's never called anybody on these offenses.            It's never --

14   nobody from the Government calls him.         He doesn't use it other

15   than to list the specific phone number.          So the cell phone

16   itself is not used in any of these frauds.

17        The cell phone was used for legitimate reasons.              I'm not

18   contesting that it's not his phone.        He did use it to talk to

19   his landlord.     He did use it for other purposes.          But it was

20   never used for anything illegal and it was not used in these

21   offenses.

22               THE COURT:    Except it was put on an application --

23               MR. BARDOS:    Yes.

24               THE COURT:    -- to fraudulently get monies?

25               MR. BARDOS:   Yes.    So in December 2020 and the spring

          Ronda J. Thomas, RMR, CRR - Federal Official Reporter
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         Case 1:23-cr-00026-GLR   Document 66   Filed 07/10/24   Page 9 of 68


 1   of '21, this number is placed on applications.              Cell phones are

 2   probably the pretty typical example of things that are

 3   exchanged and traded and bought on a regular, if not yearly,

 4   basis.   There's nothing in this affidavit that suggests that

 5   Mr. Dales had the phone.      The phone number, yes.         But the phone

 6   number means nothing without some data on the phone, right.

 7        So there's nothing that indicates that he still had in

 8   January of '23 the phone that he had in December of 2020, and

 9   that's the critical difference.

10        I could tell Your Honor, I think I have my fifth cell

11   phone but I've kept my phone number.         It's not the same phone.

12        So, there's nothing in the affidavit that even suggests

13   that this phone from December of 2020 is still the same phone

14   two years later and that's important because, as Your Honor

15   pointed out, the only thing that connects this phone to these

16   crimes is the listing of the phone number, not the use of the

17   phone.

18             THE COURT:    Well, but the association -- the listing

19   of the phone number, that's fine, but then Mr. Dales allegedly

20   is associated with the phone.       Phones are -- by phone, I mean

21   that cell phone number --

22             MR. BARDOS:    Right.

23             THE COURT:    -- the cell phone number is, at least

24   according to the affiant, cell phones are typically kept in

25   secure locations and on the person of individuals using it.

          Ronda J. Thomas, RMR, CRR - Federal Official Reporter
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        Case 1:23-cr-00026-GLR     Document 66   Filed 07/10/24    Page 10 of 68


 1              MR. BARDOS:      Yes.   And had this affidavit in anywhere

 2   said that they had -- they had searched his iCloud account,

 3   they had searched his other accounts, and they found things

 4   that were on his phone from those accounts at the time or right

 5   before they did the search, yes, because then you need the

 6   phone and not just the phone number but the phone.

 7       What is interesting about this affidavit, they got his

 8   Google information, they got his iCloud information, and they

 9   said they found stuff on there with regard to identity fraud.

10   And none of it says the dates of those things.               None of it says

11   this picture of this ID is dated at any time.                It just says it

12   was on there.

13       The affidavit also says, as you pointed out, Your Honor,

14   Mr. Dales has a prior conviction for identity theft.                 So, the

15   fact that they found these on his phone doesn't mean it was

16   in '22, '21 '20, could be from his 2017 conviction.                But they

17   never put the dates on there.

18       So, part of what's important here is not just what's in

19   the affidavit but what they had the opportunity to put in and

20   did not.    Because I could tell you my experience with agents of

21   this quality, if they had a picture of Mr. Dales on someone

22   else's ID and that picture was dated November 2022, that date

23   would have been in the affidavit and it's not.

24              THE COURT:    Well, despite that, the magistrate judge

25   found that that wasn't necessary for the purposes of probable

         Ronda J. Thomas, RMR, CRR - Federal Official Reporter
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        Case 1:23-cr-00026-GLR     Document 66    Filed 07/10/24   Page 11 of 68


 1   cause.

 2              MR. BARDOS:      Yes, Your Honor.      And I have -- I have

 3   great respect for Judge Coulson.            I've been in front of him

 4   many times.    I don't know if it's mutual, but I certainly have

 5   respect for the judge.        And, like anyone else, he can make a

 6   mistake.

 7        Look, the first -- when I get these cases, the very first

 8   thing I look at is who signed it.           If it's a state court judge

 9   that's a little different.        When it's a magistrate judge like

10   in this court of the quality of Judge Coulson, that's a little

11   bit more difficult.

12        But here, the crime itself was completed in the spring

13   of '21, almost two full years before the search.               The only

14   thing that happens after that is that money gets sent to him in

15   September of 2021.

16              THE COURT:    When you say "completed," how do you know

17   it was completed?

18              MR. BARDOS:      Because that's what the affidavit says.

19   The affidavit says, this is what happened and lists no activity

20   whatsoever after September of 2021.

21              THE COURT:    Right.    But then you're assuming that it

22   just stopped as opposed to there's no evidence that it

23   continued, but . . .

24              MR. BARDOS:      Well, I'm not necessarily assuming it,

25   Your Honor, but because we're limited to the four corners of

          Ronda J. Thomas, RMR, CRR - Federal Official Reporter
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        Case 1:23-cr-00026-GLR     Document 66   Filed 07/10/24   Page 12 of 68


 1   the affidavit --

 2              THE COURT:    Right.

 3              MR. BARDOS:      -- that's all we have.       And I don't think

 4   there's an inference that fraud crimes, particularly PPP fraud

 5   crimes, go on indefinitely.        This is not a wire fraud case of

 6   multiple years.    This is three separate events, December, March

 7   and May of 2021, and that's it.         There's no ongoing scheme.

 8          In fact, the three things are very different in what they

 9   did.     Your Honor, I think you said that you thought that there

10   was identity theft as one of the offenses.            I don't --

11              THE COURT:    Right.

12              MR. BARDOS:      -- that's not my reading of it.

13              THE COURT:    I was thinking -- I remember when I read

14   in the affidavit there were discovered identification cards

15   with other people's personal identifying information on them

16   that were in the iCloud account but the Defendant's picture.

17   So that's where I think I picked up the evidence of identity

18   theft.

19              MR. BARDOS:      Yes, I agree with that.

20              THE COURT:    Right.

21              MR. BARDOS:      But the offenses that are alleged are not

22   identity theft.     And I think it's different because the types

23   of offenses that are alleged were all electronic, they were all

24   filed electronically.        Any evidence of the offenses would be in

25   the computers at VOA.        There's no suggestion that Mr. Dales at

            Ronda J. Thomas, RMR, CRR - Federal Official Reporter
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        Case 1:23-cr-00026-GLR     Document 66   Filed 07/10/24   Page 13 of 68


 1   any point could have taken them from VOA and printed them out

 2   and then carried them with him wherever he lived up until

 3   January of 2023 when he ended up at the Fort Avenue address.

 4               THE COURT:    No, well, fraud schemes are much more

 5   sophisticated than that now.         I mean, you could take your --

 6   you don't need to take the physical hardware with you.                You can

 7   log on from your own smart device that you just bought

 8   associated with that number and do the same thing as you could

 9   with a mainframe computer.

10               MR. BARDOS:     Yes.   So, part -- I agree with that, Your

11   Honor.     Part of -- so my primary argument is that there's

12   nothing that connects any illegal activity to the Fort Avenue

13   address.     The only thing that connects anything is that his

14   number was used in one of these events and he probably still

15   had his phone.

16               THE COURT:    And he's registered to live there.

17               MR. BARDOS:     Yes.

18               THE COURT:    It's his apartment.       His phone is

19   associated with that address, the phone is associated with that

20   number.

21               MR. BARDOS:     Yes.   So, Your Honor, you do have the

22   opportunity to rule that any time the Government has a

23   probable -- has reason to believe that a cell phone may contain

24   incriminating information, that that alone provides probable

25   cause to search the person's house, I've never seen that.                    I

         Ronda J. Thomas, RMR, CRR - Federal Official Reporter
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 1   mean, obviously you can rule that way, Your Honor, but that

 2   seems to be what the Government is saying.            That there's a cell

 3   phone and the cell phone was associated with the fraud, he

 4   still has the cell phone, he's in this address, therefore we

 5   can search it.    I don't think that's what the Fourth Amendment

 6   permits, particularly with a residence.

 7              THE COURT:    But I don't think -- they're going to tell

 8   me themselves but I'm not certain whether or not they're saying

 9   the actual cell phone that he possessed at the time that the

10   numbers were put on the application was in his possession or

11   contained incriminating information.

12       They're saying that he lives at the residence, the cell

13   phone's associated with the residence, that that cell phone

14   number is associated with the residence and that cell phone

15   number was used on a document that was attempting to perpetrate

16   a fraud.

17              MR. BARDOS:      Yes.

18              THE COURT:    Okay.

19              MR. BARDOS:      But my point is that if that's what

20   they're saying, and what they're really saying is any time we

21   think there's information on a cell phone that is

22   incriminating, and we know where that cell phone is in

23   somebody's house, we can search the house.            And I don't believe

24   that's what the Fourth Amendment permits.            I don't even think

25   that's what -- I've never seen a case that says that.

          Ronda J. Thomas, RMR, CRR - Federal Official Reporter
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 1          The fact that -- and the mobility and the transiency of

 2   cell phones I think belies that but, importantly, if that were

 3   the case I don't think we would have any more issues with

 4   Fourth Amendment --

 5               THE COURT:    Weren't they searching for other things,

 6   too?     Weren't they searching for hard records as well,

 7   documents, as opposed to just the physical cell phone?

 8               MR. BARDOS:     Yeah, they were searching for those

 9   things, Your Honor, but there's nothing in the affidavit that

10   suggests any of those things would be there from a crime that

11   was committed over two years before that at a different

12   address.     That's what the issue is, that if Mr. Dales had lived

13   at the Fort Avenue address in December of 2020, and then they

14   came in January of 2023, maybe there's probable cause on the

15   connection between the crime and the offense.                There's still

16   the staleness, which I haven't gotten to.            But there's no

17   nexus.     There's no connection, other than the presence of the

18   cell phone.

19          And I would hope that we are not in a situation in our

20   society with everybody having a cell phone -- and as the Court

21   indicated, you can commit a crime with just your cell phone --

22   if that's sufficient for a search warrant then everybody is

23   subject to that.     And that is directly contrary to all of the

24   cases that I cited in my reply.

25          With regard to -- and so the other thing is the Government

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 1   tries to suggest on the staleness issue that people keep

 2   records forever but all of the cases they cited, as I pointed

 3   out in my Reply, are not these kinds of cases.              It's not a case

 4   where there's an individual fraud, an individual fraud, an

 5   individual fraud, and then 16 months go by before they even

 6   approach the person's residence at a different place than where

 7   the crime was committed.       They talk about child pornography

 8   cases which are obviously very different.           They talk about drug

 9   cases which are obviously very different.

10       I mean, the Fourth Circuit has held that if you have

11   probable cause to believe that a person is selling drugs, that

12   gives you probable cause to search their house.              I mean, so the

13   drug cases are irrelevant.       And the other cases they cite are

14   multiyear, multipeople, multicrime, long-term, continuous

15   activity.     This is not.

16       There is zero, in this affidavit, nothing after September

17   of 2021 that alleges any illegal activity by Mr. Dales

18   whatsoever.    Nothing.

19       Now, the Government, interestingly, they cited U.S. v.

20   Njokem case from Judge Bennett, that happened to be a motion I

21   lost, so I'm somewhat familiar with it.

22       But the difference there was the loan applications in that

23   case came from the IP address of Mr. Njokem's apartment and it

24   was a seven-month period not a 16-month period.              But there,

25   there was no issue on the connection.

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 1           In other words, the evidence -- it was reasonable to

 2   believe that evidence would still be there seven months later

 3   because it started there when the crime was committed and

 4   that's the big distinction here.            This crime was committed

 5   somewhere else.     There's nothing to suggest -- now, if they

 6   searched VOA maybe they could have an argument that the records

 7   would still be there.       But there's nothing to suggest that the

 8   records would be at the Fort Avenue address other than the

 9   presence of Mr. Dales himself.

10           I have one more comment on that.         If the Court has no

11   further questions on that I'll move to the severance.

12               THE COURT:    Okay.

13               MR. BARDOS:     So, one of the things that is sort of

14   troubling me on this is that if the Court were to grant the

15   Motion to Suppress, the suppression would include the

16   identification fraud but also would include all of the guns and

17   drugs that were found.

18           I'm thinking, do we really want to be in a situation where

19   we're suppressing guns and drugs and not be able to prosecute

20   that?     And my answer is, no, we don't want to be in that

21   situation at all.

22           That's why the Court needs to rule in favor of the

23   Defendant because in a situation that is as difficult and

24   problematic as guns and drugs, the Government has to get it

25   right.     They have to do the right thing.

             Ronda J. Thomas, RMR, CRR - Federal Official Reporter
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 1       And the right thing here would have been to watch

 2   Mr. Dales and see what he does and see if he's connected to

 3   drugs or gun dealers or anything else.

 4       They did nothing.        Absolutely nothing.        There is not a

 5   word in that first affidavit that connects this man to any

 6   illegal activity involving guns or drugs.

 7       So, if they're going to investigate something like that,

 8   if they want to look into something like that, they have to do

 9   it right.

10               THE COURT:    Well, they got the second warrant.           I

11   mean, you know, I guess the criminality of firearms and

12   narcotics is probably pretty clear.

13               MR. BARDOS:     Yes.

14               THE COURT:    But, nevertheless, despite that, they went

15   ahead and got a second warrant.

16               MR. BARDOS:     Yes, and there's issues with that, too,

17   but not for today.

18       So, with regard to the Leon issue, so our position is

19   that, with all do respect to Judge Coulson, he just missed it.

20   I don't know what he was thinking, but he has an affidavit

21   where the last criminal activity, at all, was 16 months before

22   this search.    And why he didn't say, why don't you have

23   something more recent, why don't you have something up-to-date,

24   why don't you have something in the last 16 months that

25   suggests this location should be searched, I don't know, but he

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 1   didn't.

 2           And, so in our view because it is so lacking in a

 3   connection to the address and 16 months later from an offense

 4   that occurred somewhere else, that Leon doesn't apply because

 5   the affidavit is simply devoid of probable cause.                Unless the

 6   Court rules that a cell phone is enough, and I'm certainly

 7   hoping you don't do that.

 8           So, on the issue of severance, Your Honor, I understand

 9   the Government's argument with regard to the two fraud cases.

10   I think that identity theft is materially different than the

11   PPP loan theft.       I think it involves other people, it's

12   serious.     But I understand that it's a fraud and they're

13   related.

14           I don't understand the Government's argument with regard

15   to the guns and the drugs.         Not that I have to, only you have

16   to.     But the guns and the drugs are different statute,

17   different time.       Right?    The PPP fraud was in the spring of

18   2021.     These guns and drugs were found in January of '23.

19           You pointed out they needed a second warrant, right,

20   because when they went in the first time they didn't even

21   suspect guns and drugs.         There's nothing that connects the

22   fraud stuff in this affidavit, in this case, to what was found

23   in the guns and drugs in January of 2023.             And the Fourth

24   Circuit has held there has to be a logical and close connection

25   and there simply is not.

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 1           The Hawkins case that I cited, that case is where the man

 2   was charged with an armed carjacking and then several weeks

 3   later possession of a handgun.         And the Fourth Circuit said you

 4   can't even try those together.         They're different statutes,

 5   different times.     And there's no evidence that the gun in the

 6   possession was the gun in the carjacking.

 7           Well, if you can't try possession of a weapon with an

 8   armed carjacking case, you certainly can't try possession of

 9   guns and drugs with a fraud case.           They're completely

10   different.

11           And the prejudice to the jury -- I mean, Your Honor has

12   tried drug cases as well -- they're going to see the drugs --

13   the impact on the jury is outstanding in those things.                And

14   they're going to go, well, he must have done them all if he did

15   this.

16           So there's an obvious prejudice from trying these cases

17   together and the rules simply do not permit it.

18               THE COURT:    What about the fact that evidence of fraud

19   was also found in the same apartment as the firearms and the

20   narcotics?     Doesn't that sort of place them interwoven

21   together?

22               MR. BARDOS:     No, Your Honor, because there's no

23   evidence that the fraud was used in any relationship to the

24   guns and the drugs.       Actually, the fraud offense occurs well

25   before the search in 2022.        The search was in January '23.

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 1               THE COURT:    No, but the evidence of --

 2               MR. BARDOS:     Of being together --

 3               THE COURT:    Of things supporting the fraud, a fraud

 4   scheme inside the apartment with the guns, couldn't the

 5   argument be made that the guns were there to protect the items

 6   related to the fraud scheme?        I mean, certainly, guns and drugs

 7   are tools of the trade.

 8               MR. BARDOS:     Yes.

 9               THE COURT:    You can make a clear argument that the

10   guns were there --

11               MR. BARDOS:     Yes.

12               THE COURT:    -- as part of the tools of the trade to

13   protect --

14               MR. BARDOS:     Yes.

15               THE COURT:    -- the criminality of the narcotics, but

16   couldn't that extend arguably to protection of the fraud scheme

17   as well?

18               MR. BARDOS:     I really would hope not, Your Honor.              You

19   noticed I did not move to sever the guns and the drugs case

20   counts because I agree they are interconnected.               I don't think

21   there's anything that suggest people who commit money fraud

22   cases have guns to protect them.            I've never seen that.       So

23   they don't naturally go together.           They were found at the same

24   time but that doesn't mean they have to be tried at the same

25   time.

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 1       If the Court denies the motion to suppress, and we have a

 2   trial on fraud counts, the Government will say here's what we

 3   found on the fraud counts.        They don't have to say anything

 4   about the rest of it.

 5       So the idea that we have to tell the whole story is simply

 6   incorrect.     And the prejudice potential to Mr. Dales is, I

 7   think, through the roof on those things.

 8       So for all of the reasons I put in my Reply, the lack of

 9   a -- and I think -- I'll close with this.            I think the lack of

10   connection to this address from any illegal activity and the

11   staleness argument are somewhat related because if something

12   had happened in this address then maybe you could say -- one

13   could say 16 months maybe he still has the records.

14       But given that we didn't even start the offense at this

15   address and it started somewhere else more than two years prior

16   to this, there's a nexus problem, and there's a staleness

17   problem.

18       And for those reasons, I would ask the Court to grant the

19   Motion to Suppress and sever the cases from the guns and drugs.

20               THE COURT:    Thank you very much, Mr. Bardos.

21               MR. BARDOS:     Thank you, Judge.

22               THE COURT:    All right.    Mr. Riley or Mr. Barron?

23               MR. RILEY:    Yes, Your Honor.      I'm going to start by

24   talking about the Motion to Suppress, talking about probable

25   cause.     We'll address the staleness argument, and then I'm

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 1   going to move to some of the specific arguments that the

 2   defense made.

 3              THE COURT:   Okay.

 4              MR. RILEY:   Your Honor, the affidavit in this case,

 5   which is over 20 pages long, the warrant package authorized by

 6   Judge Coulson, that Judge Coulson considered and signed off on,

 7   this affidavit was overflowing with probable cause to believe

 8   that evidence of a crime, namely wire fraud, would be found in

 9   this Defendant's residence at Fort Avenue.

10              THE COURT:   Walk me through it.

11              MR. RILEY:   Yes, Your Honor.      So, broadly, there are

12   two broad categories of items, records information sought by

13   the warrant, right.

14       So we have, broadly, electronic devices and electronic

15   records contained therein.      So electronic devices includes the

16   Defendant's cell phone.      It also includes other electronic

17   devices.

18       Then we have, broadly, the category of financial records,

19   IRS documents, credit card bills -- credit card statements,

20   bank account statements, bills, and potentially documents

21   pertaining to unemployment insurance benefits, Economic Injury

22   Disaster loans, EIDLs, Paycheck Protection Program loans.                  Two

23   broad categories.

24       I'm going to start, Your Honor, by talking about step by

25   step, like Your Honor said, what the affidavit laid out.               And

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 1   I'm going to focus on electronic evidence first.

 2           The affidavit prepared by Agent Gorman laid out in detail

 3   first that the Defendant submitted a fraudulent unemployment

 4   insurance benefit application in December of 2020.               It laid out

 5   that in July 30, 2021, that unemployment insurance application,

 6   which had been denied, was reopened.          So that's July 30, 2021.

 7   And, thereafter, that benefits were paid by the Maryland

 8   Department of Labor between August 2021 and September '21,

 9   2021.

10           The affidavit laid out that an Economic Injury Disaster

11   Loan application was applied for in December of 2020, that

12   there was an application for a Paycheck Protection Program loan

13   in March 2021.

14           Now, importantly, Your Honor, I think Your Honor was

15   attuned to this, all of these applications were submitted

16   electronically and the affidavit noted that.             And Your Honor

17   has picked up on the phone, that the phone number of the

18   Defendant's phone was included in each of the applications.

19   Not just that the Defendant's email address, his Gmail address

20   theycallmedales@gmail.com, was used in connection with each of

21   the applications, too.

22           And the affidavit further noted that fraudulent documents

23   were uploaded electronically in support of the applications.

24   There was a bogus IRS document that said -- Paragraphs 34 and

25   31 of the affidavit.        And there was a bogus -- another bogus

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 1   IRS document and that's noted at Paragraph 53 of the Gorman

 2   affidavit.

 3        Importantly, Your Honor, with respect to the emails, the

 4   Government -- contrary to counsel's assertion with respect to

 5   the investigation of this matter, every step of the way the

 6   Government was doing its job, doing it thoroughly, doing it

 7   right.

 8        The Government got a search warrant for Mr. Dales' Gmail

 9   account, that theycallmedales@gmail.com, a review.             That

10   warrant was authorized by Judge Maddox.         A review of that

11   search warrant -- and this is noted in the affidavit --

12   revealed multiple emails with the Maryland Department of Labor

13   regarding unemployment insurance.

14        So emails with MDDOL concerning unemployment insurance

15   coupled with the Defendant's submission of a fraudulent UI

16   application.

17        The affidavit further notes that there were emails with

18   respect to Mr. Dales being warned that he had insufficient

19   funds balance, that he was declined for lines of credit with

20   Wells Fargo and Navy federal.

21        So, Your Honor, all of these electronic records, the

22   electronically-submitted applications, emails concerning

23   unemployment insurance benefits, electronic documents that were

24   uploaded and submitted with the applications and other data

25   from these devices, all of those records -- not even including

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 1   attribution information for the email account, the phone

 2   number, et cetera, all of that would constitute evidence of the

 3   charged crime of wire fraud.

 4            THE COURT:    That it's him.      That the person who is

 5   perpetrating these acts are the Defendant?

 6            MR. RILEY:    Correct, Your Honor.

 7            THE COURT:    Now, how do we jump to -- and I know

 8   you're going to get there.

 9            MR. RILEY:    Yep.

10            THE COURT:    -- the jump to the residence.

11            MR. RILEY:    Yes, Your Honor.       So I was just going to

12   get there.     No question that law enforcement had probable cause

13   to believe the Defendant's luxury apartment, the $3,000 a month

14   rent at the Anthem House, contained electronics.

15       The affidavit noted that the Defendant's cell phone was

16   used by the Defendant to communicate with his probation

17   officer, that's Paragraph 45.      According to T-Mobile, it was

18   active as of December 4, 2022.       So about a little under a month

19   and a half before the execution of the search warrant on

20   January 20, 2023, it was used to communicate with the Anthem

21   House, which is the building where the Defendant's apartment

22   was located.

23       And, importantly, it was associated -- that phone number

24   was associated with various Google and Apple iCloud accounts

25   linked to this Defendant, Paragraphs 56, 64, 69.

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 1          Your Honor noted, you talked about Agent Gorman's

 2   experience, knowledge, training and experience, well, the agent

 3   noted that based on his training and experience folks carry

 4   their cellular telephone with them virtually everywhere they

 5   go.    And Agent Gorman noted, moreover, about -- he talked about

 6   the prevalence of the use of mobile phones, electronic devices

 7   in connection with fraud schemes such as the schemes laid out

 8   in the affidavit.

 9          Now, I referenced the phones linked to iCloud and Google a

10   moment ago.      Your Honor, iCloud is a cloud storage account.                So

11   with a cloud storage account, even if you have a new phone --

12   counsel spent a lot of time talking about the potential for a

13   new phone in the Defendant's hand.            Even if you have a new

14   phone, it backs up to the cloud.             It backs up to the iCloud and

15   the contents are able to be put on that phone; and the same

16   goes for Google, which is an internet-based cloud account.

17          The affidavit talks about cloud-based accounts and apps on

18   phones, including iCloud and including Google.

19          And Your Honor picked up on or noted the bogus, fraudulent

20   identification cards, driver's licenses that were found during

21   the review of the Defendant's iCloud account.

22          And in addition to those bogus identification cards, there

23   was also apparently fake paystubs or paystub or earnings

24   statement for the Defendant.

25               THE COURT:    What was the date on the -- was it noted

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 1   the date of that earnings statement?             Because that would at

 2   least give a backdate of when --

 3               MR. RILEY:    Yes, Your Honor.         It was not noted but

 4   there's the suggestion -- I'm going to jump ahead a little

 5   bit -- there's a suggestion by the defense, we heard it just

 6   now, we saw it on reply, that these identification cards could

 7   have been remnants of this Defendant's past conviction from

 8   2017.

 9               THE COURT:     Right.

10               MR. RILEY:    Not so, Your Honor.          The affidavit notes

11   that this Defendant's phone, his phone number, was activated on

12   December of 2020.        Okay.     So that phone that is linked to these

13   iCloud accounts where this inculpatory information is contained

14   was activated in December of 2020.

15               THE COURT:     Was that noted in the affidavit?

16               MR. RILEY:     It is, Your Honor, that's Paragraph 68,

17   talks about --

18               THE COURT:    So that would at least put a back date on

19   when those things were at least uploaded or existed?

20               MR. RILEY:     Exactly, Your Honor.

21               THE COURT:     Gotcha.

22               MR. RILEY:    I will say, Your Honor, this isn't in the

23   affidavit, but of course we know now that those IDs were not

24   used in connection with the Defendant's past fraud schemes

25   because some of them were used in connection with the

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 1   newly-charged fraud and identify theft conduct that's charged

 2   in Counts 5 through 8 of the superseding indictment.

 3       With respect to the other broad category of information

 4   that I noted at the outset, the financial records generally.

 5   Your Honor noted this, I think, that Agent Gorman noted based

 6   on his knowledge, training, and experience that it was common

 7   for folks to keep fraud documents and particularly financial

 8   records in their homes, in other secure locations.

 9       And there's no question that the Defendant was living at

10   the Anthem House in this apartment at the time of the execution

11   of the warrant as established by lease records, as established

12   by records from PayPal, as established by records from Amazon,

13   all of which is laid out in the affidavit.

14       Now, I want to address in more detail the contentions with

15   respect to staleness.       There's been a focus from the defense on

16   the number of days, the amount of time that's passed.               But the

17   Fourth Circuit has said we're not -- courts are not just

18   supposed to count the number of days between the authorization

19   of the warrant and the alleged criminal activity.              Courts are

20   supposed to look at -- take into account the totality of the

21   circumstances and in particular the nature of the evidence or

22   items sought.   Whether the -- and the nature of the crime,

23   including whether it was continuous and ongoing.

24       And so regarding the first item that I mentioned, the

25   nature of the property to be seized, the evidence sought.                   I

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 1   talked about the two broad categories:         Electronic devices

 2   including phones and then financial records.

 3       Now, with respect to electronic devices, courts have

 4   repeatedly held that when the evidence to be seized is an

 5   electronic device, such as a phone, staleness is not an issue

 6   and that's given the nature of electronic evidence and storage

 7   generally.

 8       Indeed, the Fourth Circuit said in the Boysk case, which I

 9   believe is a 2019 case, that staleness is, quote, "rarely

10   relevant," in the context of electronic evidence and computer

11   records.

12       I will acknowledge -- and I'll talk about this a bit more

13   in a minute -- I will acknowledge that the Boysk case is a case

14   relating to child pornography but that's because child

15   pornography -- that principle -- let me back up.

16       It cannot be said that the principle as to staleness and

17   electronic evidence only applies to child pornography.              The

18   Fourth Circuit has not said that, that's not the law.              The

19   issue comes up in child pornography cases routinely because

20   they almost always involve digital evidence, particularly now.

21   So it does come up routinely in those cases.

22       But the Government cites a number of cases that do not

23   involve child pornography in its response brief.

24       And this principle with respect to staleness and

25   electronic evidence, I mean, it makes sense.           A cell phone, a

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 1   computer, just not the type of evidence that rapidly dissipates

 2   or degrades or would be expected to be moved outside of the

 3   house or residence rapidly.      And the same goes for the data on

 4   these electronic devices.      Even if data is or a record is

 5   depleted from that device, it's still there, and law

 6   enforcement can get it back and that's talked about in the

 7   affidavit by Agent Gorman as well.

 8           So given that electronic evidence was sought to be seized

 9   in this case, given the importance of electronics in connection

10   with the submission of these applications electronically, the

11   uploading of documents electronically, the links between the

12   Gmail account, the use of the Gmail account in connection with

13   the unemployment insurance fraud, there are fake documents as

14   well.

15           There was a fair -- a fair basis for the -- Judge Coulson

16   to sign off on that warrant and to not find that the

17   information -- to find there was probable cause and to not

18   reject that affidavit, that warrant package on the basis of

19   staleness.

20           And I talked about the child pornography cases earlier.

21   The Government cites at Page 11, the Gerace case, that was not

22   a child pornography case.      The Court there noted, quote, "The

23   cell phone seized from Gerace had the ability to retain large

24   amounts of personal data, photographs, communications, and

25   other records for long periods of time.         Moreover, a cell phone

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 1   is not the type of evidence that rapidly dissipates or

 2   degrades."

 3       And the court noted that the conspiracy allegations ended

 4   between 15 and 27 months before the seizure and says, quote,

 5   "Probable cause still would have existed for issuance of the

 6   warrant to search the cell phone."

 7       The Feng Ling Liu case, said by the Government at Page 12,

 8   that was an asylum fraud case, and the same principle with

 9   respect to staleness and electronic evidence was applied there.

10       So it's simply not the case that this rule only applies to

11   child pornography cases.

12       The second broad category of information, I talked about

13   this earlier, financial records.          So, again, I'm looking at the

14   nature of the evidence to be seized and the staleness analysis.

15   Financial records, such as those sought here, are also of the

16   type not to be ordinarily destroyed or moved.

17       Agent Gorman noted in his affidavit that one who commits

18   fraud is likely to keep those documents in a secure location,

19   like his house.

20       And counsel brought up the Njokem case, the Government

21   discusses it in our brief.      That matter did involve

22   unemployment insurance fraud, fraudulent claims submitted by

23   the Defendant.    It was essentially -- the motion was

24   substantially identical to the motion in this case.              And the

25   judge, Judge Bennett, rejected the staleness argument.

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 1        Now, counsel talked about the IP address linking the

 2   fraudulent applications to the residence.           Your Honor, the

 3   decision doesn't reference IP addresses at all.             What Judge

 4   Bennett is focused on in his decision is that it's the nature

 5   of the property sought, including financial records and debit

 6   and credit cards.       And he says, quote, "not the type that is

 7   ordinarily destroyed or moved."        So that principle is

 8   applicable here.

 9        Certainly appreciate that the Defendant was for a time at

10   the Volunteers of America halfway house but it's reasonable

11   to -- and we can use common sense, the magistrate judge can use

12   common sense inferences -- it's reasonable to assume that he

13   brought his financial records with him to his new home at the

14   Anthem House.

15       Now, the second factor --

16              THE COURT:     In fact, it's more reasonable that he took

17   the financial records with him than he would have left them at

18   the VOA.

19              MR. RILEY:     You're absolutely right, Your Honor.

20   You're absolutely right.

21       Now, with respect to the other important factor that the

22   Fourth Circuit has said is important to consider, it's the

23   nature of the unlawful activity in assessing the staleness

24   issue.     The courts routinely conclude that information is not

25   stale where we have an ongoing pattern of criminal activity and

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 1   not, quote, "near isolated violations of the law."

 2              THE COURT:   Yeah, where's the ongoing pattern?

 3              MR. RILEY:   Yes, Your Honor.      From the Government's

 4   perspective, the ongoing pattern is plain.          If we look at this

 5   Defendant's past conviction before Your Honor, which is

 6   referenced in the affidavit, the fact that he got out -- was

 7   actually still in the custody of the BOP and began -- got right

 8   back to it submitting -- allegedly submitting fraudulent

 9   unemployment insurance applications while in the halfway house.

10   And then we have a period of time from December to

11   September 2021 when he's still receiving funds.            That's a

12   pattern if you look at the past, the past conviction.

13       And then, and Your Honor was attuned to this earlier,

14   there are the bogus identification cards found in his iCloud

15   account.   So we have -- and those are referenced, again, in the

16   affidavit submitted by Agent Gorman.

17       I will acknowledge that we did not include and, frankly, I

18   don't know if we had, metadata in terms of when those

19   photographs were taken.      But we know, we know that it was at

20   least in December of 2020 because the phone number linked to

21   that iCloud account was the activated -- that phone was

22   activated in December 2020.

23       From the Government's perspective, that establishes a

24   lengthy pattern of activity spanning back to this Defendant's

25   past conviction for -- convictions for bank fraud and

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 1   aggravated identity theft.      So all of this is to say, Your

 2   Honor, there was a substantial basis for Judge Coulson to sign

 3   off on that warrant and conclude that probable cause existed.

 4       And I would note, Your Honor, you know, referring to the

 5   Njokem case, Judge Bennett found the crime, that UI fraud crime

 6   to be ongoing and continuous.

 7       And so what we have here is we have a December 2020

 8   fraudulent, allegedly fraudulent UI application.            We have a

 9   Defendant receiving fraud proceeds up until September 2021,

10   that's a period of 10 months of criminal activity.             Not even

11   taking into account the bogus ID cards, driver's license found

12   on the Defendant's iCloud again.

13       And the Njokem case, as Judge Bennett pointed out, the

14   length of the alleged crimes was six months and the court found

15   that the crimes were ongoing and continuous.

16       So I would submit that when Your Honor takes into account

17   everything in the affidavit, this Defendant's criminal history,

18   the fact that he was at a halfway house when he submitted that

19   first application.    The fact that -- the 10-month period from

20   the submission of the application to receipt of fraud funds,

21   September '21, plus the ID cards which bespeak potential at

22   least fraud and aggravated identity theft or identify theft,

23   that bespeaks a pattern, ongoing pattern of activity by this

24   Defendant which weighs in favor of rejecting the staleness

25   argument.

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 1       Briefly, Your Honor, with respect to a couple of the

 2   specific arguments counsel has raised.         There's a suggestion in

 3   the Reply that the affidavit, quote, "suggests that Dales not

 4   only ceased illegal activity but ran out of money," and the

 5   Defendant points to his failure to pay rent at the Anthem

 6   House.     Some money was owed.

 7       Your Honor, the affidavit -- simply put, the affidavit

 8   does not suggest that Dales ceased criminal activity.              The ID

 9   cards, the multiple ID cards, the fake earnings stub on the

10   iCloud suggests otherwise.        And the pattern of activity I just

11   talked about, the pattern of criminal activity I just talked

12   about, that suggests otherwise.

13       Now, with respect to the running-out-of-money argument

14   that we heard on Reply, I would just say that the affidavit

15   notes that the rent for the Anthem House was -- for the

16   Defendant's apartment -- was $3,000 a month.           The affidavit

17   notes that in January 2020 the Defendant signed a one-year

18   lease, and as of December 2022 that he was four months in

19   arrears.

20       So that means the Defendant had the ability, had the funds

21   to pay for seven months' worth of rent, $21,000 of rent money

22   for someone who has just got out of jail, applied for

23   unemployment benefits.      Someone whose emails -- and this is in

24   the affidavit Your Honor -- someone whose emails reflect emails

25   from banks regarding insufficient funds and getting declined

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 1   from lines of credit.       That's Paragraph 58 of the affidavit.

 2   He was able to pay rent for a time, and he was able to pay rent

 3   because his fraud activity was ongoing.           The funds were

 4   flowing.

 5       Now, we've heard --

 6              THE COURT:   And he had no other source of legitimate

 7   income.

 8              MR. RILEY:   Exactly, Your Honor.         Exactly right.          We

 9   heard the argument just now or a moment ago, and we saw it on

10   Reply --

11              THE COURT:   I mean, if he had a job that would seem to

12   suggest that he did -- that the scheme might not be ongoing,

13   but if you got no employment after you just got out of prison,

14   then you got a very expensive apartment where the rent has been

15   paid and all of a sudden it's not being paid.

16              MR. RILEY:   Exactly.    At a minimum, there would at

17   least be an argument.       I'm not saying that the Defendant

18   couldn't have a job and still be doing well, but he would at

19   least have an argument.       But he submitted a claim for

20   unemployment insurance benefits.           And we're aware of no -- the

21   Government is aware of no legitimate means of employment, no

22   legitimate sourcing of income.

23       We've heard this argument about the Volunteers of America.

24   I talked a little bit about IP addresses earlier.               The

25   Defendant claimed explicitly in his Reply Brief that each of

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 1   the fraudulent loans was applied for with a computer.

 2       So to the extent there are devices that contain relevant

 3   evidence, that those devices are at the VOA, this argument is

 4   based on nothing but the defense's conjecture.

 5       Your Honor hit the nail on the head, when we're thinking

 6   about electronic devices, and we do it every day, if you have a

 7   phone you can log onto a Wi-Fi and you're going to be using

 8   that entity's IP address but it doesn't mean you're using a

 9   computer at that place.

10            THE COURT:    Right.

11            MR. RILEY:    That's common sense.

12            THE COURT:    There's no dial-up anymore.

13            MR. RILEY:    I will note that the affidavit is clear

14   that these applications for the UI benefits, for the Economic

15   Injury Disaster loan, for the PPP loan, it doesn't say by

16   computer.   It says they were submitted electronically by

17   internet-capable computers or other electronic devices.

18       So the suggestion that the VOA would have records of the

19   Defendant's phone and other electronic devices in his

20   possession would not -- is simply wrong and not supported by

21   Agent Gorman's exhaustive affidavit.        Particularly, when we

22   think about the links between that phone and -- which is on the

23   applications -- the links between that phone and the

24   Defendant's email address which is on the applications; the

25   email correspondence, the same email address with the Maryland

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 1   Department of Labor.        And, particularly, when we think about

 2   the link between that phone and the Defendant's iCloud account

 3   where we found the bogus identity cards and driver's license as

 4   noted in the affidavit.

 5       Next, Your Honor, we heard this possession of a cell phone

 6   alone and the Government going into somebody's house based on

 7   the possession of a cell phone, that's a strawman argument.

 8   That's not the Government's position in this case.

 9       The defense claims that the Government's position that

10   simply because the Defendant might have a cell phone that the

11   Government can search the Defendant's residence.              That's not

12   even close to the Government's position or what's taken place

13   in this case.

14       The Government's position is that there was probable cause

15   to believe that an electronic device or devices, including the

16   Defendant's cell phone, contained evidence which -- and that --

17   those devices -- there's probable cause to believe that those

18   devices contained that evidence and would be found in the

19   Defendant's residence, which it ultimately was, Your Honor.

20       Now, I'm nearly done with addressing the defense

21   arguments, Your Honor, and then I'll move on to severance.

22       We saw on the first time on Reply actually a nexus

23   argument, and then we heard about it again today and counsel

24   says it's his primary argument.

25       He says there's no nexus between the Defendant's residence

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 1   and the suspected criminal activity.        This is an argument that

 2   the Court can easily reject.      The nexus, and the Fourth Circuit

 3   law is clear on this, the nexus between the place to be

 4   searched and the items to be seized, such as electronic

 5   devices, such as financial records, and so on, may be

 6   established by the nature of the item and the normal inferences

 7   where one would be likely to keep such evidence.

 8       It's a very well-established principle of law.

 9       So here, applying that standard, it's reasonable to infer

10   that this Defendant's cell phone, other electronic devices,

11   would be kept with the Defendant at his residence for all of

12   the reasons I've talked about earlier:         The links to the iCloud

13   account, the links to the Gmail account, the link to the phone

14   linked to those other two accounts, Dales' PayPal account

15   listed the phone and that Fort Avenue address, his Amazon

16   account -- this is all in the affidavit -- his Amazon account

17   did so too, Your Honor.

18       And, you know, as I said earlier, Agent Gorman noted the

19   use of mobile phones in connection with criminal activity,

20   including fraud crimes.      It noted that mobile devices include

21   messaging applications and other applications including iCloud

22   and Google accounts, that's Paragraph 7.          And it noted that

23   people carry the phones with them virtually everywhere they go.

24   That's Paragraph 71.

25       All of this information taken together with the totality

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 1   of the facts in this case is more than sufficient for a

 2   magistrate judge, Judge Coulson, to conclude that there was a

 3   fair probability that an electronic device containing evidence

 4   of criminal activity was in this Defendant's home.

 5       Counsel referenced the Lawler case, that's a Fourth

 6   Circuit decision from 1993.      It's a nexus -- it's a nexus case.

 7   That case bears no resemblance to the facts and circumstances

 8   here.   The Court there said, quote, "There was devoid of any

 9   basis," end quote, by which the magistrate judge could infer

10   that evidence of a drug crime would be found in the defendant's

11   residence.     Not even close to the facts and circumstances here.

12       I would note with respect to that case, Your Honor, that

13   the Fourth Circuit found that evidence should not be suppressed

14   because the good faith exception applied.

15       So even if Your Honor -- and that's a nice dovetail to the

16   good faith argument -- even if Your Honor were to find that the

17   information that supported probable cause was stale, the good

18   faith exception would still apply in this case and would

19   provide an independent basis for the Court to deny the Motion

20   to Suppress.

21       I would note that a couple of cases were attached as

22   exhibits to counsel's Reply.      Neither one of these cases is on

23   all fours with the facts and circumstances in this case.

24       There's been no basis asserted by the defense for the

25   Court to find that the law enforcement officers did not have an

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 1   objective basis to rely on the search warrant as they did.

 2           The Government would ask the Court deny the Motion to

 3   Suppress in its entirety.

 4           If Your Honor has specific questions, I'm happy to address

 5   them.

 6               THE COURT:   No, I'm ready to move on to the severance.

 7               MR. RILEY:   Yes, Your Honor.

 8               THE COURT:   What's the relationship between the

 9   firearms and the fraud?

10               MR. RILEY:   Yes, Your Honor.      The fraud provides the

11   vehicle, the funds, for this Defendant to finance his nascent

12   drug-trafficking business.       Your Honor, that's with respect to

13   the drugs.       I'm going to talk a bit more about that in detail

14   in a moment.

15           The firearms, part and parcel of the drugs, part and

16   parcel with the drugs, firearms are the tool that trade with

17   the drugs.       But the point is that but for Defendant's fraud

18   activities he would not be able to get -- he would not have

19   been able to get in the drug business.

20           Now --

21               THE COURT:   How do you make that leap?

22               MR. RILEY:   Yes, Your Honor.      I'm going to get there

23   right now.       So Counts 5 through 8 in the superseding indictment

24   relate to a wire fraud, an aggravated identity theft scheme,

25   whereby this Defendant using -- allegedly -- using identities

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 1   of real people, victims, would open up lines of credit and use

 2   those lines of credit in the victims' names to acquire very

 3   high-end riding lawnmowers valued at $14,000, $15,000 a piece.

 4   And as the Government understands it, he would go on to sell

 5   those lawnmowers for cash.

 6          The events underlying -- the timing of those events

 7   underlying the wire fraud and aggravated identity theft, it's

 8   essentially the summer of 2022, and so with respect to -- and

 9   he was successful in this venture.        Successful in acquiring

10   these riding lawnmowers and also selling them and getting cash.

11          Contemporaneous with the execution of this fraud and

12   aggravated identity theft scheme, based on the Government's

13   review of the electronic devices seized from the Defendant's

14   apartment, contemporaneous with this there are discussions

15   between the Defendant about buying fetty, F-E-T-T-Y --

16   fentanyl, that's what he's referring.         Buying coke, we

17   understand he's referring to buying cocaine.           Buying quinine,

18   cut.    And so these are contemporaneous in the summer of 2022.

19          And so for someone who's not employed, who has no

20   legitimate source of income, the Government understands that

21   he's using the significant monies he's receiving to finance his

22   illegal drug business.      And is some of the money going towards

23   his rent?    Sure, it is.    He has to pay $3,000 a month in rent.

24   But guess what?    That apartment was used to package the drugs,

25   to cut up the drugs and so on.       And we can see that from all of

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 1   the evidence in the search warrant.

 2       So, but for the significant monies flowing in, in

 3   connection with the fraud scheme, the Government will argue at

 4   trial, if we need to try this case, but the Government contends

 5   that he would not be able to get into the drug business the way

 6   he did.

 7       And I will note, Your Honor, that, you know, we have just

 8   a couple of wire fraud counts in the superseding indictment.

 9   The Government is aware of multiple other instances where the

10   Defendant engaged in his wire fraud scheme.

11       And I will say the Government doesn't have venue over

12   every single instances but the Government is aware of at least

13   seven instances where the Defendant engaged in the wire fraud

14   and aggravated identity theft scheme involving these high-end

15   riding lawnmowers.

16       And so the Government, to be clear, the Government is not

17   relying on, with respect to joinder of the guns and the drugs

18   with the wire fraud counts, the Government is not relying on

19   the same or similar character language.         The Government is

20   relying on based on the same act or transaction, or are

21   connected with or constituted parts of a common scheme or plan.

22       And I think if Your Honor looks at some of the cases cited

23   by the Government, they're somewhat instructive.            There's the

24   Cooper case, which is an unpublished Fourth Circuit decision.

25   There, the circuit affirmed the district court's decision to

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 1   deny severance of bank robbery and bankruptcy fraud charges,

 2   concluding that they were part of a common scheme or plan.

 3   Namely, the Defendant's theft of money from bank ATMs, his use

 4   of that money to refurbish his home and his concealment of that

 5   to the bankruptcy trustee.

 6       So the Court said it was not error for those charges to be

 7   tried together and the circuit noted, too, that the district

 8   court gave a limiting instruction, a cautionary instruction to

 9   the jury.    And I think that's an important factor for

10   consideration as well.

11       To mitigate any risk of potential prejudice, Your Honor

12   will instruct the jury that they are to consider each of the

13   counts individually.        And we haven't heard a sufficient basis

14   from the defense as to why cautionary instruction, a limiting

15   instruction, wouldn't be sufficient in this case.

16       I'll note finally, broadly, Your Honor, conservation of

17   resources is important.        Of course the Defendant's rights are

18   paramount in any criminal trial, but there will be much of the

19   same evidence at any trial involving the firearms and drugs and

20   any trial involving the fraud and identity theft.

21               THE COURT:   Really?    Couldn't you -- I mean, it seems

22   like the guns and the drugs could be tried in two days and but

23   the fraud scheme is a little bit more expansive than that.                   And

24   I say that because if the post-arrest statement confession is

25   fairly strong evidence of his culpability, I mean, there's a

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 1   search executed, guns were found, he was arrested, he admitted

 2   to the guns, he admitted to the drugs.

 3       You go through lab testing, firearms examination.               Cross

 4   examination --

 5              MR. RILEY:   Yes, Your Honor.

 6              THE COURT:   That's the gun and drug case.          With an

 7   expert witness throwing in guns and drugs -- guns are tools of

 8   the trades of drugs, and there was packaging material, and this

 9   is a possession of firearm in furtherance of a drug-trafficking

10   offense.

11              MR. RILEY:   Yes, Your Honor.      I certainly understand

12   what Your Honor is saying.      Absolutely.     Even accepting that

13   that's the way the Government would put on the case.

14              THE COURT:   Yeah, that's what I'm thinking.           As

15   opposed to days of fraud -- fraud allegations --

16              MR. RILEY:   Right, Your Honor.

17              THE COURT:   -- and Google searches.

18              MR. RILEY:   But I would say, Your Honor, there's --

19   even with the case as Your Honor envisioned it, there would be

20   overlap in terms of the witnesses, right.          Evidence regarding

21   the search of the Defendant's house, that would need to come in

22   at both trials.    Evidence regarding the Defendant's statement,

23   as Your Honor said.

24       There would be evidence regarding the Defendant's

25   electronic devices and the content of those devices, such as

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 1   the chats I just mentioned, that would be important evidence,

 2   notwithstanding the confession, notwithstanding the guns and

 3   drugs were found at the Defendant's house.

 4        And, you know, the Government would -- Your Honor

 5   referenced the email accounts, we would probably in both trials

 6   put on that evidence as well.      And same goes for evidence with

 7   respect to financial activity as well as evidence as to the

 8   location of his cell phone.      So cell site evidence, that would

 9   be something we would likely use in both trials as well.

10        But I certainly appreciate Your Honor's point that the

11   guns and the drugs could be approached in a more streamlined

12   fashion.

13        The Government thinks that that -- although the guns and

14   the drugs are not part of -- are not of the same character

15   under Rule (a), they are part of or constitute parts of a

16   common scheme or plan, as I said.

17        The funds financing this Defendant's nascent drug

18   business, the Government would ask that the Court deny the

19   Motion to Sever, and of course instruct the jury appropriately

20   with respect to their assessment of the evidence as to each

21   count.

22        I did not address in detail severance of the wire fraud

23   counts from one another.      I'm happy to address that if the

24   Court wishes.

25              THE COURT:   No, I do -- so, you are asking me to

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 1   accept a proffer of the link between the guns, drugs to fund --

 2   are funded by the sale of the riding lawnmowers?

 3            MR. RILEY:    Yes, Your Honor.

 4            THE COURT:    Because I didn't see that kind of

 5   specificity in the Response.

 6            MR. RILEY:    You're right, Your Honor.             I'm proffering

 7   that today.   And one of the reasons the Government is

 8   proffering that information now is what we heard -- what the

 9   Government saw in this Defendant's Reply.

10            THE COURT:    Reply.

11            MR. RILEY:    In terms of absolutely no connection

12   whatsoever.   No evidence with respect to money and the start at

13   the beginning of the Defendant's drug business and so on.                    I

14   guess I would just encourage -- just encourage a careful review

15   of all of the electronic devices in this case for the defense.

16            THE COURT:    All right.       Thank you.

17            MR. RILEY:    Thank you, Your Honor.

18            THE COURT:    Mr. Bardos.

19            MR. BARDOS:        Thank you, Judge.     So the Government

20   stated there's no question that the Defendant had electronic

21   devices in his apartment.        I will agree that there is likely

22   probable cause that he had his cell phone.            There is zero

23   evidence that he had a laptop, a computer, Or anything else.

24   So for them to say there's no question that it had electronic

25   devices, that only applies to the phone, that doesn't apply to

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 1   anything else.

 2       They talked about the iCloud but, on the one hand, they

 3   said the iCloud account was started in December of 2020, but

 4   there's no dates for anything past that.          There's no dates for

 5   anything past September of 2021, with regard to any illegal

 6   activity for the original search warrant.

 7       There's nothing that suggests -- now, I get the idea that

 8   there are records.    There's nothing in this affidavit that says

 9   any of these records are printed, portable, that Mr. Dales

10   would have taken them with him, that he still had them over two

11   years later.

12       So, the Government's position is that once a person

13   commits wire fraud there's an electronic record, and they can

14   search a person's house to find a cell phone at any time.

15   There is no longer a staleness argument with regard to records

16   because, as the Government suggests, they're electronic and

17   they live forever.    That is not what the cases say.           And I

18   really don't think that's what the Fourth Amendment says.

19   That's why the Supreme Court has said that there has to be

20   facts so closely related to the time of the issue of the

21   warrant as to justify probable cause.

22       If everybody who commits a wire fraud has electronic

23   record and basically that's how it's committed, and the

24   Government's position is that records live forever, and people

25   take them with them wherever they go then there's no longer any

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 1   protection under the Fourth Amendment.

 2            THE COURT:    The temporal proximity argument, I get it.

 3   It's just a question of whether or not the temporal distance in

 4   this case is such that would make the records stale or the

 5   possibility of the place of residence containing such records

 6   less practical or improbable.        We're talking about two or three

 7   years as opposed to 10 years or -- so, I think that that's

 8   something I need to take into consideration as well.

 9            MR. BARDOS:        Your Honor, with regard to the Njokem

10   case, I was there when Judge Bennett ruled from the bench and

11   he did -- he did put in his Memorandum records live and they're

12   likely to be found.

13       But it's critical to bear in mind that the Njokem case

14   involved applications for loans from the Defendant's apartment.

15   So it is -- although I filed a motion otherwise -- it was

16   reasonable for Judge Bennett to say it started in this

17   apartment seven months ago, it's reason to believe they're

18   still there seven months later.         In addition, the cards from

19   the PPP loans were mailed to that apartment.             So there was a

20   lot of evidence that, as of seven months before, there was a

21   lot of stuff in that apartment related to this.              Hard, actual

22   evidence in that apartment.        And the judge said, well, seven

23   months later that's not that much time.

24       We have nothing --

25            THE COURT:    Other than the link between the cell

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 1   phone -- that cell phone number and this Defendant.

 2            MR. BARDOS:        Yes, sir -- I'm sorry, I didn't mean to

 3   be informal -- but, yes, Your Honor.

 4       But I think it's a substantial difference from the Njokem

 5   case and other cases like that.         In other words, the Government

 6   cites a case in which a search, I think it was several years

 7   later, was permitted, but -- the same case.             But Mrs. Sing

 8   operated the offense in the house.          And that's really -- so the

 9   staleness issue is related to the nexus issue, right.

10       Because if it started -- if all of this IP address stuff

11   had started at Fort Avenue in December of 2020, I would still

12   make the staleness argument but I couldn't make the nexus.

13       The reason it matters is if it starts in the apartment

14   then it might be there later.        If it never started in the

15   apartment then the only connection is the cell phone.

16       And I still think the Government is arguing that if we

17   think there's records on the cell phone we can search the

18   person's house.

19       Some of the cases argued by the Government are being able

20   to search a phone.     I don't contest the search of a cell phone.

21   But the strongest protection of the Fourth Amendment is a

22   person's home.    And to say that we believe we have no evidence

23   that you have a computer, no evidence that you have a laptop,

24   we think you have a phone and on that phone might be evidence

25   of a crime, therefore, we can search your entire house.                That's

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 1   what the motion is all about, Your Honor.

 2       With regard to the severance, Mr. Riley said that fraud

 3   funds were flowing.       I think that's what the indictment

 4   suggests.     But he also says that that money was used to buy the

 5   guns and drugs.    That connection isn't there.              He had money, he

 6   ultimately had guns and drugs, but there's nothing that says he

 7   used one for the other.        That's why those things have to be

 8   tried separately.

 9               THE COURT:    Well, how do I deal with the proffer of

10   the Government regarding the evidence that they have in their

11   possession which would link up the fraud to the drugs?

12               MR. BARDOS:     Your Honor, I don't think it links the

13   fraud to the drugs.       I think it links -- I think that they

14   overlap.     I think that they might have been committed at the

15   same time but that doesn't mean there they're related and that

16   doesn't mean they're one common scheme.

17        The loan -- the individuals involved in the ID theft and

18   the individuals involved possibly in the guns and drugs aren't

19   the same individuals.       This isn't one gang doing a bunch of

20   different illegal activity.        This is one series of ID thefts in

21   September of 2022.

22               THE COURT:    I was going to say, the sale of the

23   lawnmowers --

24               MR. BARDOS:     Yes.

25               THE COURT:    -- and the proceeds of the sale from the

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 1   riding lawnmowers being used to fund the narcotics.

 2               MR. BARDOS:     And that may have been, Your Honor, but

 3   it is not -- so Your Honor talked about --

 4               THE COURT:    Then the guns are related to the narcotics

 5   because they're tools of the trade.

 6               MR. BARDOS:     Yes, but financial fraud, financial fraud

 7   is not a tool of the trade for drug cases.

 8               THE COURT:    Hang on one second.

 9               MR. BARDOS:     Certainly.

10               THE COURT:    Excuse me.

11               MR. BARDOS:     Guns and drugs go together and guns

12   unfortunately are tools of the trade.           But there's nothing to

13   suggest that financial fraud is a tool of the trade of guns or

14   of drugs.

15       I mean, Your Honor has seen multiple cases where no one

16   is -- they don't have to get a nest egg in order to finance a

17   drug conspiracy.    I understand the Government's proffer that

18   there may be context at the same time.           But there's nothing --

19   there's no financial information, there's no wires, there's no

20   transfers of money at all that suggest that any of this fraud

21   money was used to purchase the guns and the drugs.               And,

22   therefore, given the vastly different types of offenses, and

23   the potential prejudice that I don't think an instruction could

24   possibly cover -- you're going to tell the jury, look, if you

25   find he had guns and drugs and packing material you need to put

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 1   that aside in deciding whether he applied for a PPP loan two

 2   and a half years ago.       I don't think a jury can do that.

 3           I agree with Your Honor, my sense of it is -- and

 4   obviously it's up to the Government if the Court grants

 5   severance -- is that the guns and the drugs case would go

 6   first, and there would be no case in the fraud case after that

 7   because what would be the point.            But that's up to the

 8   Government.     They rarely call me for my views of what they

 9   should try and when they should try them.

10           If the Court has any other questions, I'm happy to answer

11   them.

12               THE COURT:    No, thank you.

13               MR. BARDOS:     Thank you, Judge.

14               THE COURT:    Pending before the Court is a Motion to

15   Suppress Evidence and a Motion to Sever counts, ECF Number 49

16   and 50.

17           The Motion to Suppress Evidence arises out of the

18   execution of the search warrant on a residence located at 900

19   East Fort Avenue, Apartment 537, in Baltimore, Maryland.

20           Within the confines of that warrant sought to search a

21   cell phone associated based upon the affidavit that the

22   Defendant used.     This cell phone number used was associated

23   with applications to obtain fraudulent information in which the

24   Defendant was identified not only through the cell phone but

25   also through his email addresses.

             Ronda J. Thomas, RMR, CRR - Federal Official Reporter
                                                                                55
        Case 1:23-cr-00026-GLR   Document 66   Filed 07/10/24   Page 55 of 68


 1       The affiant asserts that proceeds or evidence of the cell

 2   phone would be found or the cell phone itself would be found at

 3   the residence based upon his training and experience, that not

 4   only is information contained on the cell phone manifesting

 5   criminal activity but that the cell phone itself is possessed

 6   or would be possessed by the individual Defendant.

 7       There's sufficient evidence within the affidavit itself

 8   that the cell phone was used by this Defendant at the location,

 9   although there is some time that did pass between the two

10   alleged fraudulent acts.      It's noteworthy that the Defendant

11   was indeed on supervised release for a fraud-related crime and

12   committed this act while -- at least one of these acts while he

13   was on supervised release.

14       Certainly temporal proximity, and temporal proximity,

15   alone, is not sufficient for the purposes of establishing

16   probable cause.    But, nevertheless, the Defendant's use of the

17   cell phone as part of the fraudulent scheme does support the

18   finding of probable cause.

19       Certainly the Court affords great deference given to the

20   probable cause determination of the judge, and law enforcement

21   may draw inferences based upon their experiences.

22       As indicated in this case, the Defendant allegedly used

23   electronic device to commit and in connection with a criminal

24   activity.   Those devices or that device, including financial

25   records, would be sought.      The affiant indicated that financial

         Ronda J. Thomas, RMR, CRR - Federal Official Reporter
                                                                                  56
        Case 1:23-cr-00026-GLR   Document 66   Filed 07/10/24   Page 56 of 68


 1   records are typically kept in residences.          There was specific

 2   details of the fraud scheme and the Defendant's involvement in

 3   the use of his own identifying information.           As indicated, the

 4   residence was linked through the phone.         And as a result, there

 5   was a link between the phone and the Defendant's residence.

 6       There was an assertion within the affidavit that the

 7   crime, if not direct and express, was ongoing.             The Defendant

 8   was on supervised release for a fraud.         He committed one fraud

 9   while in VOA and then within a relatively -- what this Court

10   considers a relatively short period of time, connected in

11   another fraud.   Evidence on his iCloud account manifested of

12   purported fraudulent documents.       And although the precise dates

13   of those documents, which were not known, the time where they

14   arrived on the iCloud account through the phone service of

15   December of 2020 was known.

16       So it's not that far or that long a period of time between

17   the existence of those incriminating items on the iCloud and

18   the time of active service in the ongoing fraud which fails to

19   support an ongoing scheme.

20       As indicated, the length of time is not the only factor in

21   determining proper cause.      You will need to look to all of the

22   facts and circumstances.      Certainly electronic devices, unlike

23   maybe some other evidence such as narcotics, is not likely to

24   be stale given the nature of the electronic storage.              And it's

25   not -- there's no evidence that this degrades quickly.              This

         Ronda J. Thomas, RMR, CRR - Federal Official Reporter
                                                                                57
        Case 1:23-cr-00026-GLR   Document 66   Filed 07/10/24   Page 57 of 68


 1   also includes the iCloud account.

 2        The warrant also sought records and other data on

 3   applications and IRS records.

 4        So it was just -- it was broader than just simply

 5   searching of an electronic device.

 6        Looking at the nature of the unlawful activity, as

 7   indicated, the alleged activity -- there's a suggestion that it

 8   was potentially ongoing because although there were periods of

 9   time where they're not manifested within the affidavit

10   themselves, there are multiple periods of fraudulent activity

11   that are ongoing.

12        When you look at the -- all of this in the totality of the

13   circumstance, I believe that there is a demonstration that

14   there was probable cause.      Even if it wasn't, I do believe that

15   the good faith exception would end up being applicable here.

16        Certainly, this exception applies only in -- unless there

17   is the most egregious conduct:       A judge abandoned his judicial

18   role, or where the warrant is so facially deficient the

19   executing officer cannot reasonably presume it to be valid.

20   That's not the case here.      This is a little bit closer call

21   than what would normally be the case.         But certainly I believe

22   that the good faith exception to the warrant requirement would

23   apply.

24        As far as the severance is concerned, I'm not prepared at

25   this point in time to accept the proffer of the Government

          Ronda J. Thomas, RMR, CRR - Federal Official Reporter
                                                                                  58
        Case 1:23-cr-00026-GLR     Document 66   Filed 07/10/24   Page 58 of 68


 1   related to the connection between the narcotics, guns, and the

 2   fraud scheme.    I also note that it would be extremely

 3   prejudicial to the Defendant to present them both if they

 4   weren't inextricably tied together.

 5       As a result, I do believe it's appropriate when I weigh

 6   the prejudice against the consumption of judicial and

 7   Government resources and defense resources that it is

 8   appropriate to sever out the guns as well as the narcotics from

 9   the fraud scheme.       However, the fraud schemes will not be

10   separated.

11       Fraud can be accomplished in multiple ways.               And just

12   because there are two different methodologies of committing

13   fraud doesn't necessarily mean that they're so dissimilar as to

14   not be joined together under one umbrella and under one

15   statute.

16       So I am going to grant the Motion to Sever the narcotics

17   and the firearms that were seized as a result of the search

18   from the fraud scheme.        But I will include and allow the two

19   fraud counts or the fraud counts to be tried together.

20       Mr. Bardos, have you made an adequate record on your

21   motion?

22              MR. BARDOS:      I made an adequate record, I'm not sure I

23   made an adequate argument.        But, yes, thank you.

24              THE COURT:    Very well.

25       Mr. Riley.

         Ronda J. Thomas, RMR, CRR - Federal Official Reporter
                                                                                59
        Case 1:23-cr-00026-GLR   Document 66   Filed 07/10/24   Page 59 of 68


 1             MR. RILEY:   Nothing further to add.         When Your Honor

 2   has referred to the fraud counts being tried together, Your

 3   Honor is also including the aggravated identity theft count; is

 4   that right?

 5             THE COURT:   Correct.

 6             MR. RILEY:   Thank you, Your Honor.

 7             THE COURT:   Anything else?

 8             MR. RILEY:   No thank you, Your Honor.

 9             THE COURT:   All right.     Thank you very much.

10             THE CLERK:   All rise.     This Honorable Court stands in

11   recess.

12       (Hearing concluded at 11:13 a.m.)

13

14

15

16

17

18

19

20

21

22

23

24

25

         Ronda J. Thomas, RMR, CRR - Federal Official Reporter
        Case 1:23-cr-00026-GLR   Document 66   Filed 07/10/24   Page 60 of 68


 1                    CERTIFICATE OF OFFICIAL REPORTER

 2

 3

 4       I, Ronda J. Thomas, Registered Merit Reporter, Certified

 5   Realtime Reporter, in and for the United States District Court

 6   for the District of Maryland, do hereby certify, pursuant to 28

 7   U.S.C. § 753, that the foregoing is a true and correct

 8   transcript of the stenographically-reported proceedings held in

 9   the above-entitled matter and the transcript page format is in

10   conformance with the regulations of the Judicial Conference of

11   the United States.

12
                                  Dated this 10th day of July 2024.
13

14

15                               ______________________________

16                                  Ronda J. Thomas, RMR, CRR
                                    Federal Official Reporter
17

18

19

20

21

22

23

24

25

         Ronda J. Thomas, RMR, CRR - Federal Official Reporter
                            27 [1] 32/4                  activated [4] 28/11 28/14 34/8 35/8 42/25 55/22         approach [1] 16/6
                            28 [1] 60/6                   34/21 34/22                alleges [2] 3/18 16/17                    [1] 47/11
 MR. BARDOS:   Case    1:23-cr-00026-GLR Document
                 [45] 2/13                                           66 Filed 07/10/24
                                                         active [2] 26/18 56/18      allow [1] 58/18
                                                                                                    Page 61 ofapproached
                                                                                                                    68
                                                                                                                 appropriate [2] 58/5 58/8
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                             30 [2] 24/5 24/6            activity [30] 5/24 11/19    alone [3] 13/24 39/6 55/15 apps [1] 27/17
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                             31 [1] 24/25                 13/12 16/15 16/17 18/6     also [18] 1/18 4/22 5/8     are [61]
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                             34 [1] 24/24                 18/21 22/10 29/19 33/23     5/19 6/8 10/13 17/16 20/19 aren't [1] 52/18
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                                                          33/25 34/24 35/10 35/23     23/16 27/23 32/15 43/10    arguably [1] 21/16
 17/13 18/13 18/16 20/22     4                            36/4 36/8 36/10 36/11 37/3 52/4 54/25 57/1 57/2 58/2 argue [1] 44/3
 21/2 21/8 21/11 21/14
                             45 [1] 26/17                 40/1 40/19 41/4 47/7 49/6 59/3                         argued [1] 51/19
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                             49 [2] 3/6 54/15             52/20 55/5 55/24 57/6 57/7 alternatively [1] 6/8       arguing [3] 5/19 5/19
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                             4th [1] 1/24                 57/10                      although [5] 47/13 50/15 51/16
 53/9 53/11 54/13 58/22
                                                         acts [4] 6/2 26/5 55/10      55/9 56/12 57/8            argument [29] 4/9 6/20
 MR. RILEY: [32] 2/4 22/23 5
                                                          55/12                      always [2] 2/12 30/20        6/24 8/9 13/11 17/6 19/9
 23/4 23/11 26/6 26/9 26/11
                             50 [2] 3/7 54/16            actual [2] 14/9 50/21       am [1] 58/16                 19/14 21/5 21/9 22/11
 28/3 28/10 28/16 28/20
                             5000 [1] 7/16               actually [6] 3/17 4/7 7/3   Amazon [3] 29/12 40/15       22/25 32/25 35/25 36/13
 28/22 33/19 34/3 37/8
                             53 [1] 25/1                  20/24 34/7 39/22            40/16                       37/9 37/17 37/19 37/23
 37/16 38/11 38/13 42/7
                             537 [2] 3/14 54/19          add [1] 59/1                Amendment [6] 14/5           38/3 39/7 39/23 39/24 40/1
 42/10 42/22 46/5 46/11
                             56 [1] 26/25                addition [3] 4/6 27/22       14/24 15/4 49/18 50/1       41/16 49/15 50/2 51/12
 46/16 46/18 48/3 48/6
                             58 [1] 37/1                  50/18                       51/21                       58/23
 48/11 48/17 59/1 59/6 59/8
                                                         address [31] 3/15 7/9 7/13 AMERICA [8] 1/4 2/5 5/4 arguments [4] 3/10 23/1
 THE CLERK: [1] 59/10        6                            7/14 7/17 7/20 13/3 13/13 7/7 7/10 7/12 33/10 37/23 36/2 39/21
 THE COURT: [79]
                             64 [1] 26/25                 13/19 14/4 15/12 15/13     among [1] 5/15              arises [1] 54/17
 THE DEFENDANT: [1]
                             68 [1] 28/16                 16/23 17/8 19/3 22/10      amount [1] 29/16            armed [2] 20/2 20/8
 2/18
                             69 [1] 26/25                 22/12 22/15 22/25 24/19    amounts [1] 31/24           arrears [1] 36/19
$                                                         24/19 29/14 33/1 38/8      analysis [1] 32/14          arrest [1] 45/24
                             7                            38/24 38/25 40/15 42/4     another [3] 24/25 47/23     arrested [2] 4/23 46/1
$14,000 [1] 43/3
                             71 [1] 40/24                 47/22 47/23 51/10           56/11                      arrived [1] 56/14
$15,000 [1] 43/3
                             753 [1] 60/7                addresses [3] 33/3 37/24 answer [2] 17/20 54/10         as [84]
$21,000 [1] 36/21
                                                          54/25                      Anthem [6] 26/14 26/20      aside [1] 54/1
$3,000 [3] 26/13 36/16       9                           addressing [1] 39/20         29/10 33/14 36/5 36/15     ask [4] 8/11 22/18 42/2
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                             900 [2] 3/14 54/18          adequate [3] 58/20 58/22 any [30] 4/19 4/19 5/24         47/18
'                            9:35 [1] 1/12                58/23                       7/17 7/20 8/1 8/16 10/11   asking [1] 47/25
                             9:38 [1] 1/25               admitted [3] 4/25 46/1       12/24 13/1 13/12 13/22     asserted [1] 41/24
'20 [2] 7/7 10/16
                                                          46/2                        14/20 15/3 15/10 16/17     assertion [2] 25/4 56/6
'21 [6] 7/19 9/1 10/16       A                           affiant [4] 5/11 9/24 55/1   18/5 20/23 22/10 41/8      asserts [2] 5/16 55/1
 11/13 24/8 35/21
                             a.m [3] 1/12 2/1 59/12       55/25                       45/11 45/18 45/19 45/20    assessing [1] 33/23
'22, [1] 10/16
                             abandoned [1] 57/17         affidavit [64]               49/5 49/9 49/14 49/25      assessment [1] 47/20
'23 [3] 9/8 19/18 20/25
                             ability [2] 31/23 36/20     affirmed [2] 5/11 44/25      53/20 54/10                Assistant [1] 2/6
0                            able [8] 17/19 27/15 37/2 affords [1] 55/19             anybody [1] 8/13            associated [15] 3/15 5/9
                              37/2 42/18 42/19 44/5      after [5] 11/14 11/20 16/16 anymore [1] 38/12            5/9 8/4 9/20 13/8 13/19
0026 [2]  1/5 2/6
                              51/19                       37/13 54/6                 anyone [1] 11/5              13/19 14/3 14/13 14/14
1                            about [38] 3/25 4/1 10/7    again [4] 32/13 34/15       anything [11] 7/2 8/20       26/23 26/24 54/21 54/22
                              16/7 16/8 20/18 22/4 22/24 35/12 39/23                  13/13 18/3 21/21 22/3      association [1] 9/18
10 [2] 35/10 50/7
                              22/24 23/24 26/18 27/1     against [1] 58/6             48/23 49/1 49/4 49/5 59/7 assume [3] 7/24 8/10
10-month [1] 35/19
                              27/5 27/5 27/12 27/17      agent [16] 1/19 1/19 2/8    anywhere [1] 10/1            33/12
101 [1] 1/24
                              28/17 30/1 30/12 31/6       2/8 3/19 5/11 24/2 27/1    apartment [23] 3/14 5/16 assumed [1] 4/4
10th [1] 60/12
                              31/20 32/12 33/1 36/11      27/2 27/5 29/5 31/7 32/17 5/22 13/18 16/23 20/19       assuming [3] 7/18 11/21
11 [1] 31/21
                              36/12 37/23 37/24 38/6      34/16 38/21 40/18           21/4 26/13 26/21 29/10      11/24
11:13 [1] 59/12
                              38/22 39/1 39/23 40/12     agents [1] 10/20             36/16 37/14 43/14 43/24    asylum [1] 32/8
12 [1] 32/7
                              42/13 43/15 49/2 50/6 52/1 aggravated [7] 35/1 35/22 48/21 50/14 50/17 50/19       ATMs [1] 45/3
15 [1] 32/4
                              53/3                        42/24 43/7 43/12 44/14      50/21 50/22 51/13 51/15    attached [1] 41/21
16 [5] 16/5 18/21 18/24
                             above [1] 60/9               59/3                        54/19                      attempting [1] 14/15
 19/3 22/13
                             above-entitled [1] 60/9     ago [4] 27/10 37/9 50/17 apparently [2] 6/20 27/23 Attorney [2] 2/6 2/7
16-month [1] 16/24
                             absolutely [5] 18/4 33/19 54/2                          APPEARANCES [1] 1/14 attribution [1] 26/1
1993 [1] 41/6
                              33/20 46/12 48/11          agree [5] 12/19 13/10       Apple [1] 26/24             attuned [2] 24/15 34/13
2                            accept [2] 48/1 57/25        21/20 48/21 54/3           applicable [3] 6/11 33/8    August [1] 24/8
                             accepting [1] 46/12         ahead [2] 18/15 28/4         57/15                      August 2021 [1] 24/8
20 [3] 3/16 23/5 26/20
                             accomplished [1] 58/11      aided [1] 1/22              application [12] 8/10 8/11 authorization [1] 29/18
2017 [2] 10/16 28/8
                             according [2] 9/24 26/17 all [39] 2/11 2/16 6/1 7/4      8/22 14/10 24/4 24/5 24/11 authorized [2] 23/5 25/10
2019 [1] 30/9
                             account [26] 10/2 12/16      7/18 12/3 12/23 12/23       24/12 25/16 35/8 35/19     Avenue [11] 3/14 6/25
2020 [16] 7/16 8/25 9/8
                              23/20 25/9 26/1 27/10       15/23 16/2 17/16 17/21      35/20                       7/14 13/3 13/12 15/13 17/8
 9/13 15/13 24/4 24/11
                              27/11 27/16 27/21 29/20     18/19 18/21 20/14 22/8     applications [20] 8/6 9/1    23/9 40/15 51/11 54/19
 28/12 28/14 34/20 34/22
                              31/12 31/12 34/15 34/21     22/22 24/15 25/21 25/25     16/22 24/15 24/18 24/21    aware [4] 37/20 37/21
 35/7 36/17 49/3 51/11
                              35/11 35/16 39/2 40/13      26/2 29/13 33/3 35/1 37/15 24/23 25/22 25/24 31/10      44/9 44/12
 56/15
                              40/13 40/14 40/16 40/16     40/11 40/16 40/25 41/23     33/2 34/9 38/14 38/23
2021 [15] 7/4 7/8 11/15                                                                                          B
                              49/3 56/11 56/14 57/1       43/25 48/15 48/16 51/10     38/24 40/21 40/21 50/14
 11/20 12/7 16/17 19/18
                             accounts [8] 10/3 10/4       52/1 53/20 56/21 57/12      54/23 57/3                 back [5] 28/18 30/15 31/6
 24/5 24/6 24/8 24/9 24/13
                              26/24 27/17 28/13 40/14     59/9 59/10                 applied [7] 3/17 24/11       34/8 34/24
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                              40/22 47/5                 allegations [3] 4/15 32/3    32/9 36/22 38/1 41/14 54/1 backdate [1] 28/2
2022 [7] 10/22 20/25 26/18
                             acknowledge [3] 30/12        46/15                      applies [4] 30/17 32/10     backs [2] 27/14 27/14
 36/18 43/8 43/18 52/21
                              30/13 34/17                allege [1] 8/2               48/25 57/16                balance [1] 25/19
2023 [6] 3/16 7/4 13/3
                             acquire [1] 43/2            alleged [11] 4/13 5/2 5/20 apply [4] 19/4 41/18 48/25 BALL [2] 1/19 2/8
 15/14 19/23 26/20
                             acquiring [1] 43/9           6/1 7/3 12/21 12/23 29/19 57/23                        BALTIMORE [4] 1/2 1/25
2024 [2] 1/12 60/12
                             across [1] 6/21              35/14 55/10 57/7           applying [1] 40/9            3/15 54/19
21201 [1] 1/25
                             act [3] 4/19 44/20 55/12    allegedly [7] 4/20 5/7 9/19 appreciate [2] 33/9 47/10 bank [4] 23/20 34/25 45/1
B                           brief [3] 30/23 32/21 37/25 cell [60] 5/8 5/8 5/9 5/12 communications [1]            10/20 13/1 13/5 13/8 17/6
                                                                                     31/24
                            Briefly [1] 36/1
               Case 1:23-cr-00026-GLR
bank... [1] 45/3
                                                         7/23 7/24 7/25 8/3 8/15
                                                     Document 66 Filed 07/10/24
                            broad [5] 23/12 23/23 29/3 8/17 9/1 9/10 9/21 9/23
                                                                                                   Page 62 of22/12 68 22/13 28/6 41/9
                                                                                    completed [3] 11/12 11/16 45/22 47/11 53/23
bankruptcy [2]   45/1 45/5
                             30/1 32/12                  9/24 13/23 14/2 14/3 14/4 11/17                        couldn't [5] 21/4 21/16
banks [1] 36/25
                            broader [1] 57/4             14/9 14/12 14/13 14/14     completely [2] 6/5 20/9      37/18 45/21 51/12
BARDOS [9] 1/17 2/11
                            broadly [4] 23/11 23/14      14/21 14/22 15/2 15/7      computer [9] 1/22 13/9      Coulson [9] 5/17 11/3
2/14 3/8 6/13 6/16 22/20
                             23/18 45/16                 15/18 15/20 15/21 19/6      30/10 31/1 38/1 38/9 38/16 11/10 18/19 23/6 23/6
48/18 58/20
                            brought [2] 32/20 33/13      23/16 26/15 30/25 31/23     48/23 51/23                 31/15 35/2 41/2
BARRON [3] 1/16 2/6
                            brows [1] 4/1                31/25 32/6 39/5 39/7 39/10 Computer-aided [1] 1/22 counsel [10] 2/2 2/20 3/1
22/22
                            building [1] 26/21           39/16 40/10 47/8 47/8      computers [2] 12/25          7/11 27/12 32/20 33/1 36/2
based [12] 5/11 27/3
                            bunch [1] 52/19              48/22 49/14 50/25 51/1      38/17                       39/23 41/5
27/16 27/17 29/5 38/4 39/6
                            business [6] 42/12 42/19 51/15 51/17 51/20 54/21        concealment [1] 45/4        counsel's [2] 25/4 41/22
43/12 44/20 54/21 55/3
                             43/22 44/5 47/18 48/13      54/22 54/24 55/1 55/2 55/4 concerned [1] 57/24         count [3] 29/18 47/21 59/3
55/21
                            buy [1] 52/4                 55/5 55/8 55/17            concerning [2] 25/14        counts [14] 3/2 21/20 22/2
basically [1] 49/23
                            buying [4] 43/15 43/16      cellular [1] 27/4            25/22                       22/3 29/2 42/23 44/8 44/18
basis [9] 9/4 31/15 31/18
                             43/17 43/17                certain [1] 14/8            conclude [3] 33/24 35/3      45/13 47/23 54/15 58/19
35/2 41/9 41/19 41/24 42/1
                                                        certainly [13] 11/4 19/6     41/2                        58/19 59/2
45/13                       C                            20/8 21/6 33/9 46/11 47/10 concluded [3] 4/13 4/14     couple [3] 36/1 41/21 44/8
be [75]
                            call [3] 2/3 54/8 57/20      53/9 55/14 55/19 56/22      59/12                      coupled [1] 25/15
bear [1] 50/13
                            called [1] 8/13              57/16 57/21                concluding [1] 45/2         course [8] 3/8 5/2 5/19
bears [1] 41/7
                            Calling [1] 2/4             CERTIFICATE [1] 59/13       conduct [2] 29/1 57/17       6/19 8/8 28/23 45/17 47/19
because [30] 9/14 10/5
                            calls [1] 8/14              Certified [1] 60/4          Conference [1] 60/10        court [31] 1/1 6/9 11/8
10/20 11/18 11/25 12/22
                            came [2] 15/14 16/23        certify [1] 60/6            confession [2] 45/24 47/2 11/10 15/20 17/10 17/14
17/3 17/23 19/2 19/4 19/20
                            can [21] 2/2 3/12 11/5 13/6 cetera [1] 26/2             confines [1] 54/20           17/22 19/6 22/1 22/18
20/22 21/20 22/11 28/1
                             14/1 14/5 14/23 15/21 21/9 character [2] 44/19 47/14 conformance [1] 60/10          31/22 32/3 35/14 40/2 41/8
28/25 30/14 30/19 34/20
                             31/6 33/11 33/11 38/7      charged [5] 6/6 20/2 26/3 Congratulations [1] 2/13 41/19 41/25 42/2 45/6 45/8
37/3 39/10 41/14 45/24
                             39/11 40/2 43/25 49/13      29/1 29/1                  conjecture [1] 38/4          47/18 47/24 49/19 54/4
48/4 49/16 51/10 53/5 54/7
                             51/17 51/25 54/2 58/11     charges [2] 45/1 45/6       connected [4] 7/9 18/2       54/10 54/14 55/19 56/9
57/8 58/12
                            can't [3] 20/4 20/7 20/8    chats [1] 47/1               44/21 56/10                 59/10 60/5
been [12] 5/2 10/23 11/3
                            cannot [2] 30/16 57/19      CHIEF [1] 1/11              connection [19] 15/15       court's [1] 44/25
18/1 24/6 28/7 29/15 37/14
                            capable [1] 38/17           child [9] 16/7 30/14 30/14 15/17 16/25 19/3 19/24       courts [4] 29/17 29/19
41/24 42/19 52/14 53/2
                            card [2] 23/19 23/19         30/17 30/19 30/23 31/20     22/10 24/20 27/7 28/24      30/3 33/24
before [13] 1/11 4/14 10/5
                            cards [12] 12/14 27/20       31/22 32/11                 28/25 31/9 31/12 40/19     cover [1] 53/24
11/13 15/11 16/5 18/21
                             27/22 28/6 33/6 34/14      circuit [14] 7/22 16/10      44/3 48/11 51/15 52/5      cr [1] 2/6
20/25 26/19 32/4 34/5
                             35/11 35/21 36/9 36/9 39/3 19/24 20/3 29/17 30/8        55/23 58/1                 credit [7] 23/19 23/19
50/20 54/14
                             50/18                       30/18 33/22 40/2 41/6      connects [7] 7/13 7/20       25/19 33/6 37/1 43/1 43/2
began [1] 34/7
                            careful [1] 48/14            41/13 44/24 44/25 45/7      9/15 13/12 13/13 18/5      crime [18] 5/20 7/11 11/12
beginning [1] 48/13
                            carjacking [3] 20/2 20/6    circumstance [1] 57/13       19/21                       15/10 15/15 15/21 16/7
behalf [4] 1/15 1/17 2/7
                             20/8                       circumstances [5] 29/21 conservation [1] 45/16           17/3 17/4 23/8 26/3 29/22
2/14
                            carried [1] 13/2             41/7 41/11 41/23 56/22     consider [2] 33/22 45/12     35/5 35/5 41/10 51/25
being [9] 5/20 8/4 21/2
                            carry [2] 27/3 40/23        cite [1] 16/13              consideration [2] 45/10      55/11 56/7
25/18 37/15 51/19 53/1
                            case [59] 2/3 2/4 5/11 6/11 cited [5] 15/24 16/2 16/19 50/8                         crimes [10] 6/1 6/2 6/25
57/15 59/2
                             12/5 14/25 15/3 16/3 16/20 20/1 44/22                  considered [1] 23/6          7/3 9/16 12/4 12/5 35/14
belies [1] 15/2
                             16/23 19/22 20/1 20/1 20/8 cites [3] 30/22 31/21 51/6 considers [1] 56/10           35/15 40/20
believe [17] 3/19 5/21
                             20/9 21/19 23/4 30/8 30/9 claim [1] 37/19              conspiracy [2] 32/3 53/17 criminal [19] 1/5 2/5 3/20
13/23 14/23 16/11 17/2
                             30/13 30/13 31/9 31/21     claimed [1] 37/25           constitute [2] 26/2 47/15 4/19 5/24 6/1 18/21 29/19
23/7 26/13 30/9 39/15
                             31/22 32/7 32/8 32/10      claims [2] 32/22 39/9       constituted [1] 44/21        33/25 35/10 35/17 36/8
39/17 50/17 51/22 57/13
                             32/20 32/24 35/5 35/13     clear [5] 18/12 21/9 38/13 consumption [1] 58/6          36/11 40/1 40/19 41/4
57/14 57/21 58/5
                             39/8 39/13 41/1 41/5 41/6 40/3 44/16                   contact [1] 8/11             45/18 55/5 55/23
bench [1] 50/10
                             41/7 41/12 41/18 41/23     clearly [3] 6/21 6/22 7/22 contain [2] 13/23 38/2       criminality [2] 18/11 21/15
benefit [1] 24/4
                             44/4 44/24 45/15 46/6      close [4] 19/24 22/9 39/12 contained [7] 14/11 23/15 critical [2] 9/9 50/13
benefits [6] 23/21 24/7
                             46/13 46/19 48/15 50/4      41/11                       26/14 28/13 39/16 39/18    Cross [1] 46/3
25/23 36/23 37/20 38/14
                             50/10 50/13 51/5 51/6 51/7 closely [1] 49/20            55/4                       CRR [2] 1/23 60/16
Bennett [7] 16/20 32/25
                             54/5 54/6 54/6 55/22 57/20 closer [1] 57/20            containing [2] 41/3 50/5 culpability [1] 45/25
33/4 35/5 35/13 50/10
                             57/21                      cloud [5] 27/10 27/11       contemporaneous [3]         custody [2] 4/24 34/7
50/16
                            cases [26] 11/7 15/24 16/2 27/14 27/16 27/17             43/11 43/14 43/18          cut [2] 43/18 43/25
bespeak [1] 35/21
                             16/3 16/8 16/9 16/13 16/13 cloud-based [1] 27/17       contends [1] 44/4
bespeaks [1] 35/23                                                                                              D
                             19/9 20/12 20/16 21/22     cocaine [1] 43/17           content [1] 46/25
between [18] 15/15 24/8
                             22/19 30/19 30/21 30/22    coke [1] 43/16              contentions [1] 29/14       DALES [22] 1/7 2/5 2/15
29/18 31/11 32/4 38/22
                             31/20 32/11 41/21 41/22    come [3] 6/21 30/21 46/21 contents [1] 27/15             2/16 7/6 7/18 7/21 8/7 9/5
38/23 39/2 39/25 40/3 42/8
                             44/22 49/17 51/5 51/19     comes [1] 30/19             contest [1] 51/20            9/19 10/14 10/21 12/25
43/15 48/1 50/25 55/9 56/5
                             53/7 53/15                 comment [1] 17/10           contesting [1] 8/18          15/12 16/17 17/9 18/2 22/6
56/16 58/1
                            cash [2] 43/5 43/10         commit [4] 5/7 15/21        context [2] 30/10 53/18      25/18 36/3 36/8 49/9
big [1] 17/4
                            categories [3] 23/12 23/23 21/21 55/23                  continued [1] 11/23         Dales' [3] 8/10 25/8 40/14
bills [2] 23/19 23/20
                             30/1                       commits [3] 32/17 49/13 continuous [4] 16/14            data [6] 9/6 25/24 31/3
bit [7] 11/11 28/5 30/12
                            category [3] 23/18 29/3      49/22                       29/23 35/6 35/15            31/4 31/24 57/2
37/24 42/13 45/23 57/20
                             32/12                      committed [13] 5/21 5/23 contrary [2] 15/23 25/4        date [5] 10/22 18/23 27/25
bogus [8] 24/24 24/25
                            cause [25] 5/16 5/18 6/9     7/1 7/9 7/12 15/11 16/7    controlled [1] 4/8           28/1 28/18
24/25 27/19 27/22 34/14
                             11/1 13/25 15/14 16/11      17/3 17/4 49/23 52/14      conviction [6] 10/14 10/16 date on [1] 27/25
35/11 39/3
                             16/12 19/5 22/25 23/7       55/12 56/8                  28/7 34/5 34/12 34/25      dated [3] 10/11 10/22
BOP [1] 34/7
                             26/12 31/17 32/5 35/3      committing [1] 58/12        convictions [1] 34/25        60/12
both [6] 3/5 6/7 46/22 47/5
                             39/14 39/17 41/17 48/22    common [8] 29/6 33/11       Cooper [1] 44/24            dates [5] 10/10 10/17 49/4
47/9 58/3
                             49/21 55/16 55/18 55/20     33/12 38/11 44/21 45/2     corners [1] 11/25            49/4 56/12
bought [2] 9/3 13/7
                             56/21 57/14                 47/16 52/16                correct [3] 26/6 59/5 60/7 day [2] 38/6 60/12
Boysk [2] 30/8 30/13
                            cautionary [2] 45/8 45/14 communicate [2] 26/16         correspondence [1] 38/25 days [5] 3/17 29/16 29/18
BRIAN [2] 1/19 2/9
                            ceased [2] 36/4 36/8         26/20                      could [14] 9/10 10/16        45/22 46/15
D                           dial [1] 38/12               17/19 17/24 18/3 18/6      established [5] 29/11       FBI [2] 2/8 4/24
                            dial-up [1] 38/12
deal [1] 52/9 Case 1:23-cr-00026-GLR
                            did [21] 6/14 6/20 8/18
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debit [1] 33/5
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December [21] 7/7 7/7
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December 2020 [3] 8/25
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34/22 35/7                                              E
                            51/4                                                     43/6                        53/16
December 2022 [1] 36/18
                            different [17] 6/4 11/9     each [5] 24/18 24/20 37/25 every [3] 25/5 38/6 44/12 financial [17] 23/18 29/4
December 4 [1] 26/18
                            12/8 12/22 15/11 16/6 16/8 45/12 47/20                  everybody [3] 15/20 15/22 29/7 30/2 32/13 32/15 33/5
deciding [1] 54/1
                            16/9 19/10 19/16 19/17      earlier [8] 2/21 3/18 31/20 49/22                        33/13 33/17 40/5 47/7 53/6
decision [5] 33/3 33/4
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41/6 44/24 44/25
                            53/22 58/12                  40/18                      everything [1] 35/17         55/25
declined [2] 25/19 36/25
                            difficult [2] 11/11 17/23   earnings [3] 27/23 28/1     everywhere [2] 27/4 40/23 financing [1] 47/17
Defendant [43] 1/8 1/17
                            digital [1] 30/20            36/9                       evidence [66]               find [6] 31/16 31/17 41/16
3/1 3/16 3/24 4/23 5/3 5/9
                            direct [1] 56/7             easily [1] 40/2             exact [1] 6/6                41/25 49/14 53/25
5/17 5/22 17/23 24/3 26/5
                            directly [1] 15/23          East [3] 3/14 7/16 54/19    Exactly [4] 28/20 37/8      finding [1] 55/18
26/16 26/25 27/24 29/9
                            Disaster [3] 23/22 24/10 ECF [3] 3/6 3/7 54/15           37/8 37/16                 finds [1] 6/9
32/23 33/9 35/9 35/24 36/5
                            38/15                       ECF Number [3] 3/6 3/7      examination [2] 46/3 46/4 fine [1] 9/19
36/17 36/20 37/17 37/25
                            discovered [1] 12/14         54/15                      example [2] 7/6 9/2         firearm [1] 46/9
39/10 40/11 42/11 42/25
                            discusses [1] 32/21         Economic [3] 23/21 24/10 Except [1] 8/22                firearms [11] 4/21 4/25 6/5
43/15 44/10 44/13 48/20
                            discussions [1] 43/14        38/14                      exception [8] 6/10 6/11      18/11 20/19 42/9 42/15
51/1 54/22 54/24 55/6 55/8
                            dissimilar [4] 6/2 6/3 6/3 egg [1] 53/16                 6/12 41/14 41/18 57/15      42/16 45/19 46/3 58/17
55/10 55/22 56/7 58/3
                            58/13                       egregious [1] 57/17          57/16 57/22                first [12] 3/13 7/9 11/7
defendant's [44] 12/16
                            dissipates [2] 31/1 32/1    EIDLs [1] 23/22             exchanged [1] 9/3            11/7 18/5 19/20 24/1 24/3
23/9 23/16 24/18 24/19
                            distance [1] 50/3           Either [1] 6/23             Excuse [1] 53/10             29/24 35/19 39/22 54/6
25/15 26/13 26/15 26/21
                            distinction [1] 17/4        electronic [39] 7/13 12/23 executed [4] 3/16 4/18       Floor [1] 1/24
27/13 27/21 28/7 28/11
                            district [6] 1/1 1/1 44/25   23/14 23/14 23/15 23/16     4/20 46/1                  flowing [3] 37/4 44/2 52/3
28/24 34/5 34/24 35/12
                            45/7 60/5 60/6               24/1 25/21 25/23 27/6 30/1 executing [1] 57/19         focus [2] 24/1 29/15
35/17 36/16 38/19 38/24
                            DIVISION [1] 1/2             30/3 30/5 30/6 30/10 30/17 execution [4] 26/19 29/10 focused [1] 33/4
39/2 39/11 39/16 39/19
                            do [19] 11/16 13/8 13/21     30/25 31/4 31/8 32/9 38/6 43/11 54/18                  folks [2] 27/3 29/7
39/25 40/10 41/4 41/10
                            17/18 17/25 18/8 18/19       38/17 38/19 39/15 40/4     exhaustive [1] 38/21        foregoing [1] 60/7
42/17 43/13 45/3 45/17
                            19/7 20/17 26/7 30/22 38/6 40/10 41/3 43/13 46/25       exhibits [1] 41/22          forever [3] 16/2 49/17
46/21 46/22 46/24 47/3
                            42/21 47/25 52/9 54/2        48/15 48/20 48/24 49/13    existed [3] 28/19 32/5       49/24
47/17 48/9 48/13 50/14
                            57/14 58/5 60/6              49/16 49/22 55/23 56/22     35/3                       format [1] 60/9
55/16 56/2 56/5
                            document [3] 14/15 24/24 56/24 57/5                     existence [1] 56/17         Fort [11] 3/14 6/25 7/14
defense [12] 4/9 5/19 7/11
                            25/1                        electronically [7] 12/24    expansive [1] 45/23          13/3 13/12 15/13 17/8 23/9
23/2 28/5 29/15 39/9 39/20
                            documents [12] 4/17 15/7 24/16 24/23 25/22 31/10        expected [1] 31/2            40/15 51/11 54/19
41/24 45/14 48/15 58/7
                            23/19 23/20 24/22 25/23      31/11 38/16                expensive [1] 37/14         found [26] 5/17 10/3 10/9
defense's [1] 38/4
                            29/7 31/11 31/13 32/18      electronically-submitted experience [7] 5/12 10/20 10/15 10/25 17/17 19/18
deference [1] 55/19
                            56/12 56/13                  [1] 25/22                   27/2 27/2 27/3 29/6 55/3    19/22 20/19 21/23 22/3
deficient [1] 57/18
                            does [4] 18/2 30/21 36/8 electronics [2] 26/14 31/9 experiences [1] 55/21            23/8 27/20 34/14 35/5
defrauding [1] 4/7
                            55/17                       else [9] 7/5 11/5 17/5 18/3 expert [1] 46/7              35/11 35/14 39/3 39/18
degrades [3] 31/2 32/2
                            doesn't [14] 8/2 8/14        19/4 22/15 48/23 49/1 59/7 explicitly [1] 37/25         41/10 41/13 46/1 47/3
56/25
                            10/15 19/4 20/20 21/24      else's [1] 10/22            express [1] 56/7             50/12 55/2 55/2
demonstration [1] 57/13
                            33/3 38/8 38/15 44/11       email [7] 24/19 26/1 38/24 extend [1] 21/16             four [2] 11/25 36/18
denied [1] 24/6
                            48/25 52/15 52/16 58/13      38/25 38/25 47/5 54/25     extent [1] 38/2             fours [1] 41/23
denies [1] 22/1
                            doing [5] 25/6 25/6 25/6    emails [8] 25/3 25/12       extremely [1] 58/2          Fourth [18] 7/22 14/5
deny [4] 41/19 42/2 45/1
                            37/18 52/19                  25/14 25/17 25/22 36/23                                 14/24 15/4 16/10 19/23
47/18                                                                               F
                            DOL [1] 2/9                  36/24 36/24                                             20/3 29/17 30/8 30/18
Department [3] 24/8 25/12
                            DOL-IOG [1] 2/9             employed [1] 43/19          F-E-T-T-Y [1] 43/15          33/22 40/2 41/5 41/13
39/1
                            don't [30] 2/3 3/25 7/17    employment [2] 37/13        facially [1] 57/18           44/24 49/18 50/1 51/21
depleted [1] 31/5
                            11/4 12/3 12/10 13/6 14/5 37/21                         fact [8] 10/15 12/8 15/1    frankly [1] 34/17
despite [2] 10/24 18/14
                            14/7 14/23 14/24 15/3       encourage [2] 48/14 48/14 20/18 33/16 34/6 35/18        fraud [105]
destroyed [2] 32/16 33/7
                            17/20 18/20 18/22 18/23     end [5] 2/22 41/9 43/3       35/19                      fraud-related [1] 55/11
detail [4] 24/2 29/14 42/13
                            18/24 18/25 19/7 19/14       44/14 57/15                factor [4] 33/15 33/21 45/9 frauds [2] 4/3 8/16
47/22
                            21/20 21/23 22/3 34/18      ended [2] 13/3 32/3          56/20                      fraudulent [15] 24/3 24/22
details [1] 56/2
                            49/18 51/20 52/12 53/16     enforcement [4] 26/12       facts [6] 41/1 41/7 41/11    25/15 27/19 32/22 33/2
determination [1] 55/20
                            53/23 54/2                   31/6 41/25 55/20            41/23 49/20 56/22           34/8 35/8 35/8 38/1 54/23
determining [1]   56/21
                            done [2] 20/14 39/20        engaged [2] 44/10 44/13 fails [1] 56/18                  55/10 55/17 56/12 57/10
device [8] 13/7 30/5 31/5
                            dovetail [1] 41/15          enough [1] 19/6             failure [1] 36/5            fraudulently [1] 8/24
39/15 41/3 55/23 55/24
                            draw [1] 55/21              entire [1] 51/25            fair [3] 31/15 31/15 41/3   front [1] 11/3
57/5
                            driver's [3] 27/20 35/11    entirety [1] 42/3           fairly [2] 5/25 45/25       full [1] 11/13
devices [27] 23/14 23/15
                            39/3                        entitled [1] 60/9           faith [6] 6/10 41/14 41/16 fund [2] 48/1 53/1
23/17 25/25 27/6 30/1 30/3
                            drug [14] 16/8 16/13 20/12 entity's [1] 38/8             41/18 57/15 57/22          funded [1] 48/2
31/4 38/2 38/3 38/6 38/17
                            41/10 42/12 42/19 43/22     envisioned [1] 46/19        fake [3] 27/23 31/13 36/9 funds [9] 25/19 34/11
38/19 39/15 39/17 39/18
                            44/5 46/6 46/9 47/17 48/13 EREK [2] 1/16 2/6            familiar [1] 16/21           35/20 36/20 36/25 37/3
40/5 40/10 40/20 43/13
                            53/7 53/17                  error [1] 45/6              far [2] 56/16 57/24          42/11 47/17 52/3
46/25 46/25 48/15 48/21
                            drug-trafficking [2] 42/12 ESQUIRE [3] 1/15 1/16        Fargo [1] 25/20             furrowed [1] 4/1
48/25 55/24 56/22
                            46/9                         1/17                       fashion [1] 47/12           further [4] 17/11 24/22
devoid [2] 19/5 41/8
                            drugs [43] 16/11 17/17      essentially [2] 32/23 43/8 favor [2] 17/22 35/24         25/17 59/1
F                            46/6                         8/19 10/2 10/3 10/4 10/7    impact [1] 20/13           investigation [1] 25/5
                             guns [42] 4/19 6/4 17/16     10/8 10/15 10/16 13/13      importance [1] 31/9                         [2] 3/21
furtherance [1]Case
                  46/9 1:23-cr-00026-GLR
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gang [1] 52/19
                             21/10 21/19 21/22 22/19      33/13 33/13 34/14 36/5      importantly [5] 7/2 15/2   involved [3] 50/14 52/17
gave [2] 5/15 45/8
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general [1] 8/6
                             46/7 47/2 47/11 47/13 48/1 40/11 40/15 40/16 42/11       improbable [1] 50/6        involvement [1] 56/2
generally [2] 29/4 30/7
                             52/5 52/6 52/18 53/4 53/11 43/21 43/23 44/10 45/3        include [7] 4/17 5/13      involves [1] 19/11
GEORGE [1] 1/11
                             53/11 53/13 53/21 53/25      45/4 45/4 45/25 47/8 48/21 17/15 17/16 34/17 40/20     involving [4] 18/6 44/14
Gerace [2] 31/21 31/23
                             54/5 58/1 58/8               48/22 50/11 54/25 55/3       58/18                      45/19 45/20
get [16] 2/23 6/14 6/14
                             guys [1] 4/1                 56/3 56/11 57/17            included [1] 24/18         IOG [1] 2/9
 8/24 11/7 17/24 26/8 26/12
                                                         history [1] 35/17            includes [3] 23/15 23/16 IP [9] 7/9 7/13 7/17 16/23
 31/6 42/18 42/19 42/22      H                           hit [1] 38/5                  57/1                       33/1 33/3 37/24 38/8 51/10
 44/5 49/7 50/2 53/16
                             had [36] 3/4 4/13 4/14      home [4] 33/13 41/4 45/4 including [11] 25/25 27/18 irrelevant [1] 16/13
gets [1] 11/14
                             4/14 5/2 7/24 9/5 9/7 9/8    51/22                        27/18 29/23 30/2 33/5     IRS [4] 23/19 24/24 25/1
getting [2] 36/25 43/10
                             10/1 10/2 10/2 10/3 10/19 homes [1] 29/8                  39/15 40/20 40/21 55/24    57/3
give [2] 3/9 28/2
                             10/21 13/15 15/12 22/12     Honor [91]                    59/3                      is [164]
given [7] 22/14 30/6 31/8
                             24/6 25/18 26/12 31/23      Honor's [1] 47/10            income [3] 37/7 37/22      isn't [3] 28/22 52/5 52/19
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                             34/18 36/20 36/20 37/6      HONORABLE [2] 1/11            43/20                     isolated [1] 34/1
gives [1] 16/12
                             37/11 48/20 48/22 48/23      59/10                       incorrect [1] 22/6         issuance [1] 32/5
GLR [2] 1/5 2/6
                             48/24 49/10 51/11 52/5      hope [2] 15/19 21/18         incriminating [4] 13/24    issue [11] 15/12 16/1
GLR-23-0026 [1]    1/5
                             52/6 53/25                  hoping [2] 6/21 19/7          14/11 14/22 56/17          16/25 18/18 19/8 30/5
GLR-23-cr-0026 [1] 2/6
                             half [3] 4/12 26/19 54/2    house [22] 13/25 14/23       inculpatory [1] 28/13       30/19 33/24 49/20 51/9
Gmail [5] 24/19 25/8 31/12
                             halfway [3] 33/10 34/9       14/23 16/12 26/14 26/21     indeed [2] 30/8 55/11       51/9
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                             35/18                        29/10 31/3 32/19 33/10      indefinitely [1] 12/5      issued [1] 3/17
gmail.com [2] 24/20 25/9
                             hand [2] 27/13 49/2          33/14 34/9 35/18 36/6       independent [1] 41/19      issues [3] 6/15 15/3 18/16
go [12] 6/17 12/5 16/5
                             handgun [1] 20/3             36/15 39/6 46/21 47/3       indicated [8] 2/19 2/20    it [98]
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                             Hang [1] 53/8                49/14 51/8 51/18 51/25       15/21 55/22 55/25 56/3    it's [42] 3/1 5/25 7/18 8/12
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                             happened [4] 7/2 11/19      how [6] 8/5 11/16 26/7        56/20 57/7                 8/13 8/13 8/18 9/11 10/23
goes [3] 27/16 31/3 47/6
                             16/20 22/12                  42/21 49/23 52/9            indicates [2] 7/25 9/7      11/4 11/8 11/9 12/22 13/18
going [22] 3/8 4/2 6/13
                             happens [4] 7/15 7/18       However [1] 58/9             indictment [4] 29/2 42/23 16/3 19/11 19/12 26/4 31/5
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                             8/10 11/14                                                44/8 52/3                  32/10 33/4 33/10 33/12
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                             happy [3] 42/4 47/23                                     individual [5] 3/20 16/4    33/16 33/22 37/15 39/24
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                             54/10                       I'll [8] 3/8 3/11 6/16 17/11 16/4 16/5 55/6              40/8 40/9 41/6 41/6 43/7
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                             hard [2] 15/6 50/21          22/9 30/12 39/21 45/16      individual's [1] 5/14       49/23 50/3 50/13 50/17
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                             hardware [1] 13/6           I'm [29] 3/8 3/11 3/12 3/25 individually [1] 45/13       51/4 54/4 55/10 56/16
good [10] 2/2 2/11 2/16
                             has [30] 3/1 7/22 10/14      8/17 11/24 14/8 16/21       individuals [4] 9/25 52/17 56/24 58/5
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                             17/10 17/24 18/20 19/24      23/24 24/1 28/4 32/13       individuals' [1] 4/4       items [6] 4/18 21/5 23/12
Google [7] 10/8 26/24
                             19/24 20/11 22/13 24/17      37/17 39/20 42/4 42/6       inextricably [1] 58/4       29/22 40/4 56/17
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                             29/17 30/18 33/22 36/2       42/13 42/22 46/14 47/23     infer [2] 40/9 41/9        its [3] 25/6 30/23 42/3
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                             36/22 37/14 42/4 43/19       48/6 51/2 54/10 57/24       inference [1] 12/4         itself [5] 8/16 11/12 55/2
GORMAN [10] 1/19 2/9
                             43/23 49/19 49/19 49/22      58/22                       inferences [3] 33/12 40/6 55/5 55/7
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                             53/15 54/10 59/2            I've [7] 3/4 9/11 11/3 13/25 55/21
 32/17 34/16 40/18                                                                                               J
                             have [68]                    14/25 21/22 40/12           informal [1] 51/3
Gorman's [2] 27/1 38/21
                             haven't [2] 15/16 45/13     iCloud [23] 10/2 10/8        information [21] 4/10 10/8 jail [1] 36/22
got [11] 10/7 10/8 18/10
                             having [2] 2/22 15/20        12/16 26/24 27/9 27/10       10/8 12/15 13/24 14/11    January [10] 3/16 7/4 9/8
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                             he [68]                      34/14 34/21 35/12 36/10      29/3 31/17 32/12 33/24     20/25 26/20 36/17
Gotcha [1] 28/21
                             he's [10] 6/6 7/18 13/16     39/2 40/12 40/21 49/2 49/3 40/25 41/17 48/8 53/19      January '23 [1] 20/25
gotten [1] 15/16
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Government [52] 2/7 3/9
                             43/17 43/21 43/21           ID [8] 10/11 10/22 35/11     Injury [3] 23/21 24/10     January 2020 [1] 36/17
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                             head [1] 38/5                35/21 36/8 36/9 52/17        38/15                     job [3] 25/6 37/11 37/18
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                             hear [4] 3/8 3/9 3/11 6/16 52/20                         inside [2] 3/18 21/4       joinder [1] 44/17
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                             hearing [6] 1/11 2/10 2/20 12/14 17/16 27/20 27/22       instruct [2] 45/12 47/19    16/20 18/19 22/21 23/6
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                             held [4] 16/10 19/24 30/4 identified [2] 3/24 54/24       45/14 45/15 53/23          32/25 33/3 33/11 35/2 35/5
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                             here [17] 2/10 2/19 2/25     35/22                       insufficient [2] 25/18      50/10 50/16 50/22 54/13
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Government's [12] 19/9
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                             41/8 41/11 57/15 57/20      identities [2] 4/4 42/25      24/4 24/5 25/13 25/14      60/10
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                             here's [2] 8/5 22/2         identity [16] 3/22 10/9       25/23 31/13 32/22 34/9    July [3] 24/5 24/6 60/12
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                             hereby [1] 60/6              10/14 12/10 12/17 12/22      37/20                     July 30 [2] 24/5 24/6
grant [3] 17/14 22/18
                             high [2] 43/3 44/14          19/10 35/1 35/22 39/3       interconnected [1] 21/20 jump [3] 26/7 26/10 28/4
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                             high-end [2] 43/3 44/14      42/24 43/7 43/12 44/14      interesting [1] 10/7       June [2] 7/7 7/8
grants [1] 54/4
                             him [9] 8/4 8/14 11/3        45/20 59/3                  interestingly [1] 16/19    jury [7] 20/11 20/13 45/9
great [2] 11/3 55/19
                             11/14 13/2 26/4 33/13       IDs [1] 28/23                internet [2] 27/16 38/17    45/12 47/19 53/24 54/2
guess [3] 18/11 43/24
                             33/17 49/10                 III [1] 1/11                 internet-based [1] 27/16 just [27] 10/6 10/11 10/18
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                             himself [2] 3/25 17/9       illegal [9] 8/20 13/12 16/17 internet-capable [1] 38/17 11/22 13/7 15/7 15/21
guilty [1] 8/7
                             his [58] 5/7 5/8 5/8 5/12    18/6 22/10 36/4 43/22 49/5 interwoven [1] 20/20         18/19 24/19 26/11 28/5
gun [4] 18/3 20/5 20/6
                             5/23 7/23 8/7 8/12 8/18      52/20                       investigate [1] 18/7        29/17 31/1 36/10 36/11
J                             40/12 40/13 52/12 52/13     mean [20] 9/20 10/15 13/5 10/14 10/21 12/25 15/12      38/12 39/25 41/7 41/24
                             list [1] 8/15                14/1 16/10 16/12 18/11      16/17 17/9 18/2 22/6 25/18 42/6 43/19 47/25 48/11
               Case
just... [12] 36/14     1:23-cr-00026-GLR
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                                                       Document       66 Filed 07/10/24
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                             lists [1] 11/19              51/2 52/15 52/16 53/15      Mr. Njokem's [1] 16/23     51/23 53/15 53/19 53/19
justify [1] 49/21
                             little [7] 11/9 11/10 26/18 58/13                        Mr. Riley [3] 22/22 52/2   53/19 54/6 54/12 56/25
K                             28/4 37/24 45/23 57/20      means [3] 9/6 36/20 37/21 58/25                        59/8
                             Liu [1] 32/7                 Memorandum [1] 50/11        Mrs. [1] 51/7              nobody [1] 8/14
keep [4] 16/1 29/7 32/18
                             live [5] 5/22 13/16 49/17 mention [2] 4/19 8/3           Mrs. Sing [1] 51/7         none [2] 10/10 10/10
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kept [5] 5/13 9/11 9/24
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                             lives [1] 14/12              messaging [1] 40/21         multicrime [1] 16/14       not [100]
kind [1] 48/4
                             living [2] 7/6 29/9          metadata [1] 34/18          multipeople [1] 16/14      note [7] 35/4 38/13 41/12
kinds [1] 16/3
                             loan [8] 16/22 19/11 24/11 methodologies [1] 58/12 multiple [7] 12/6 25/12          41/21 44/7 45/16 58/2
know [20] 3/11 6/13 7/5
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                             loans [5] 23/22 23/22 38/1 51/14 51/24 52/14             multiyear [1] 16/14        27/5 27/19 27/25 28/3
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                              50/14 50/19                 mind [1] 50/13              must [1] 20/14             28/15 29/4 29/5 29/5 31/22
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                             located [3] 4/20 26/22       minimum [1] 37/16           mutual [1] 11/4            32/3 32/17 39/4 40/18
knowledge [2] 27/2 29/6
                              54/18                       minute [1] 30/13            my [20] 2/15 3/1 3/4 3/9   40/20 40/22 45/7
known [2] 56/13 56/15
                             location [7] 3/20 4/16 5/10 Mirandized [1] 4/24          3/10 6/14 6/20 6/21 9/10   notes [5] 1/22 25/17 28/10
L                             18/25 32/18 47/8 55/8       missed [1] 18/19            9/11 10/20 12/12 13/11     36/15 36/17
                             locations [3] 5/13 9/25      mistake [2] 4/1 11/6        14/19 15/24 16/3 17/20     noteworthy [1] 55/10
lab [1] 46/3
                              29/8                        mitigate [1] 45/11          22/8 54/3 54/8             nothing [26] 7/12 7/14
Labor [3] 24/8 25/12 39/1
                             log [2] 13/7 38/7            mobile [4] 26/17 27/6                                  7/19 7/19 7/25 9/4 9/6 9/7
lack [2] 22/8 22/9                                                                    N
                             logical [1] 19/24            40/19 40/20                                            9/12 13/12 15/9 16/16
lacking [1] 19/2
                             Lombard [1] 1/24             mobility [1] 15/1           nail [1] 38/5              16/18 17/5 17/7 18/4 18/4
laid [6] 23/25 24/2 24/4
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landlord [1] 8/19
                             long-term [1] 16/14          money [14] 11/14 21/21      names [1] 43/2             notice [1] 2/21
language [1] 44/19
                             longer [2] 49/15 49/25       36/4 36/6 36/13 36/21       narcotic [1] 4/21          noticed [1] 21/19
laptop [2] 48/23 51/23
                             look [9] 11/7 11/8 18/8      43/22 45/3 45/4 48/12 52/4 narcotics [12] 4/19 4/21    notwithstanding [2] 47/2
large [1] 31/23
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last [3] 7/17 18/21 18/24
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later [9] 9/14 17/2 19/3
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law [8] 26/12 30/18 31/5
                             lot [3] 27/12 50/20 50/21    43/23                       29/25 30/6 32/14 33/4      29/14 30/3 30/20 33/1
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                             luxury [1] 26/13             months [14] 16/5 17/2       33/23 40/6 56/24 57/6      33/15 33/21 36/13 37/5
Lawler [1] 41/5
                                                          18/21 18/24 19/3 22/13      Navy [1] 25/20             37/9 39/20 42/20 42/23
lawnmowers [7] 43/3 43/5 M
                                                          32/4 35/10 35/14 36/18      near [1] 34/1              48/8 49/7
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                             Maddox [1] 25/10             50/17 50/18 50/20 50/23     nearly [1] 39/20           number [33] 3/6 3/7 5/8
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                             made [5] 21/5 23/2 58/20 months' [1] 36/21               necessarily [2] 11/24      7/25 8/4 8/11 8/12 8/15 9/1
leap [1] 42/21
                              58/22 58/23                 Monument [1] 7/16           58/13                      9/5 9/6 9/11 9/16 9/19 9/21
lease [2] 29/11 36/18
                             magistrate [6] 4/11 10/24 more [15] 7/2 7/17 11/11 necessary [1] 10/25              9/23 10/6 13/8 13/14 13/20
least [10] 9/23 28/2 28/18
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                             mailed [1] 50/19             22/15 29/14 30/12 33/16     44/4 46/21 50/8 53/25      26/23 28/11 29/16 29/18
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                             mainframe [1] 13/9           41/1 42/13 45/23 47/11      56/21                      30/22 34/20 51/1 54/15
led [1] 4/15
                             maintains [1] 8/7            moreover [2] 27/5 31/25 needed [1] 19/19               54/22
left [2] 2/15 33/17
                             make [7] 4/1 11/5 21/9       morning [5] 2/2 2/10 2/11 needs [1] 17/22              numbers [2] 5/6 14/10
legitimate [5] 8/17 37/6
                              42/21 50/4 51/12 51/12      2/16 2/18                   Neither [1] 41/22          nutshell [1] 6/13
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                             makes [1] 30/25              most [1] 57/17              nest [1] 53/16
length [2] 35/14 56/20                                                                                           O
                             man [2] 18/5 20/1            motion [23] 3/2 3/3 3/6     never [9] 8/12 8/13 8/13
lengthy [1] 34/24
                             manifested [2]    56/11 57/9 3/13  3/13 5/25 16/20 17/15 8/20  10/17 13/25 14/25    objective [1] 42/1
Leon [3] 6/9 18/18 19/4
                             manifesting [1] 55/4         22/1 22/19 22/24 32/23      21/22 51/14                obtain [1] 54/23
less [1] 50/6
                             many [1] 11/4                32/24 41/19 42/2 47/19      nevertheless [2] 18/14     obtaining [1] 4/5
let [2] 3/11 30/15
                             March [2] 12/6 24/13         50/15 52/1 54/14 54/15      55/16                      obvious [1] 20/16
let's [2] 7/24 8/9
                             March 2021 [1] 24/13         54/17 58/16 58/21           new [5] 2/14 27/11 27/13 obviously [5] 4/17 14/1
LEVI [1] 1/11
                             MARYLAND [8] 1/1 1/25 motions [7] 1/11 2/10 2/20 27/13 33/13                        16/8 16/9 54/4
license [2] 35/11 39/3
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licenses [1] 27/20
                              54/19 60/6                  move [5] 17/11 21/19 23/1 newly-charged [1] 29/1       occurs [2] 7/15 20/24
like [8] 11/5 11/9 18/7 18/8
                             material [3] 4/21 46/8       39/21 42/6                  Next [1] 39/5              off [3] 23/6 31/16 35/3
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                              53/25                       moved [3] 31/2 32/16 33/7 nexus [10] 15/17 22/16       offense [8] 7/15 8/1 15/15
likely [6] 32/18 40/7 47/9
                             materially [1] 19/10         Mr [1] 2/11                 39/22 39/25 40/2 40/3 41/6 19/3 20/24 22/14 46/10
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                             materials [1] 5/6            Mr. [30] 2/16 3/8 6/13 6/16 41/6 51/9 51/12            51/8
limited [1] 11/25
                             matter [3] 25/5 32/21 60/9 7/6 7/18 7/21 8/7 8/10 9/5 nice [1] 41/15                offenses [10] 6/5 7/20 8/1
limiting [2] 45/8 45/14
                             matters [1] 51/13            9/19 10/14 10/21 12/25      Njokem [7] 16/20 32/20     8/13 8/21 12/10 12/21
lines [4] 25/19 37/1 43/1
                             may [8] 1/12 6/17 12/7       15/12 16/17 16/23 17/9      35/5 35/13 50/9 50/13 51/4 12/23 12/24 53/22
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                              13/23 40/5 53/2 53/18       18/2 22/6 22/20 22/22       Njokem's [1] 16/23         officer [2] 26/17 57/19
Ling [1] 32/7
                              55/21                       22/22 25/8 25/18 48/18      no [55] 1/5 2/6 4/18 5/20 officers [1] 41/25
link [6] 39/2 40/13 48/1
                             maybe [6] 6/22 15/14 17/6 49/9 52/2 58/20 58/25          5/21 6/9 6/11 6/25 7/1     Official [3] 1/24 60/1 60/16
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                              22/12 22/13 56/23           Mr. Bardos [6] 3/8 6/13     11/19 11/22 12/7 12/25     Okay [4] 14/18 17/12 23/3
linked [6] 26/25 27/9
                             MDDOL [1] 25/14              6/16 22/20 48/18 58/20      13/4 15/16 15/17 16/25     28/12
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                             me [10] 3/11 4/2 6/13 14/8 Mr. Barron [1] 22/22          17/10 17/20 20/5 20/22     old [2] 4/11 4/12
linking [1] 33/1
                              17/14 23/10 30/15 47/25     Mr. Dales [17] 2/16 7/6     20/22 21/1 26/12 29/9 37/6 once [3] 4/18 4/20 49/12
links [7] 31/11 38/22 38/23
                              53/10 54/8                  7/18 7/21 8/7 9/5 9/19      37/13 37/20 37/21 37/21    one [29] 3/2 3/21 3/24 4/3
O                           Paragraph 7 [1] 40/22       pointed [5] 9/15 10/13     provides [2] 13/24 42/10     52/10
                            Paragraph 71 [1] 40/24      16/2 19/19 35/13           proximity [4] 6/4 50/2      registered [2] 13/16 60/4
               Case
one... [25] 4/13       1:23-cr-00026-GLR
                 5/6 7/25
                            Paragraphs [2] 24/24
                                                     Document       66 Filed 07/10/24
                                                        points [2] 6/6 36/5         55/14 55/14
                                                                                                  Page 66 ofregular
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                            paramount [1] 45/18         30/14 30/15 30/17 30/19    purported [2] 5/4 56/12     reject [2] 31/18 40/2
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                            parcel [2] 42/15 42/16      30/23 31/20 31/22 32/11    purpose [2] 2/19 8/7        rejected [1] 32/25
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                            part [10] 10/18 13/10       portable [1] 49/9          purposes [6] 2/25 4/5 8/9 rejecting [1] 35/24
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                            13/11 21/12 42/15 42/15     position [7] 18/18 39/8     8/19 10/25 55/15           relate [1] 42/24
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                            45/2 47/14 47/15 55/17      39/9 39/12 39/14 49/12     pursuant [1] 60/6           related [13] 3/21 4/6 6/2
one-year [1] 36/17
                            particular [1] 29/21        49/24                      put [12] 8/22 10/17 10/19 19/13 21/6 22/11 49/20
ongoing [16] 5/20 12/7
                            particularly [6] 12/4 14/6 possessed [3] 14/9 55/5      14/10 22/8 27/15 28/18      50/21 51/9 52/15 53/4
29/23 33/25 34/2 34/4 35/6
                            29/7 30/20 38/21 39/1       55/6                        36/7 46/13 47/6 50/11       55/11 58/1
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                            parts [2] 44/21 47/15       possession [12] 4/25 5/23 53/25                        relating [1] 30/14
56/7 56/18 56/19 57/8
                            pass [1] 55/9               14/10 20/3 20/6 20/7 20/8                              relationship [2] 20/23
57/11
                            passed [2] 4/14 29/16       38/20 39/5 39/7 46/9 52/11 Q                            42/8
only [13] 9/15 11/13 13/13
                            past [8] 28/7 28/24 34/5    possibility [1] 50/5       quality [2] 10/21 11/10     relatively [2] 56/9 56/10
19/15 30/17 32/10 36/4
                            34/12 34/12 34/25 49/4      possibly [2] 52/18 53/24 question [5] 26/12 29/9       release [4] 5/3 55/11
48/25 51/15 54/24 55/4
                            49/5                        post [1] 45/24              48/20 48/24 50/3            55/13 56/8
56/20 57/16
                            pattern [9] 33/25 34/2 34/4 post-arrest [1] 45/24      questions [3] 17/11 42/4 relevant [2] 30/10 38/2
open [1] 43/1
                            34/12 34/24 35/23 35/23     potential [5] 22/6 27/12    54/10                      rely [1] 42/1
operated [1] 51/8
                            36/10 36/11                 35/21 45/11 53/23          quickly [1] 56/25           relying [3] 44/17 44/18
opportunity [3] 3/4 10/19
                            PAUL [2] 1/15 2/7           potentially [2] 23/20 57/8 quinine [1] 43/17            44/20
13/22
                            pay [5] 36/5 36/21 37/2     PPP [6] 12/4 19/11 19/17 quote [8] 30/9 31/22 32/4 remember [1] 12/13
opposed [4] 11/22 15/7
                            37/2 43/23                  38/15 50/19 54/1            33/6 34/1 36/3 41/8 41/9   remnants [1] 28/7
46/15 50/7
                            Paycheck [2] 23/22 24/12 practical [1] 50/6                                        rent [10] 26/14 36/5 36/15
oppositions [1] 3/5                                                                R
                            PayPal [2] 29/12 40/14      practice [1] 3/4                                        36/21 36/21 37/2 37/2
order [1] 53/16
                            paystub [1] 27/23           precise [1] 56/12          raised [1] 36/2              37/14 43/23 43/23
ordinarily [2] 32/16 33/7
                            paystubs [1] 27/23          prejudice [6] 20/11 20/16 ran [1] 36/4                 reopened [1] 24/6
original [1] 49/6
                            Pending [1] 54/14           22/6 45/11 53/23 58/6      rapidly [3] 31/1 31/3 32/1 repeatedly [1] 30/4
other [38] 4/3 4/4 4/7 4/17
                            people [6] 16/1 19/11       prejudicial [1] 58/3       rarely [2] 30/9 54/8        replies [1] 3/5
4/19 5/15 7/20 8/14 8/19
                            21/21 40/23 43/1 49/24      prepared [2] 24/2 57/24    read [4] 3/5 6/22 7/11      reply [12] 15/24 16/3 22/8
10/3 12/15 15/5 15/17
                            people's [1] 12/15          presence [3] 7/21 15/17     12/13                       28/6 36/3 36/14 37/10
15/25 16/13 17/1 17/8
                            period [8] 4/14 16/24       17/9                       reading [1] 12/12            37/25 39/22 41/22 48/9
19/11 23/16 25/24 29/3
                            16/24 34/10 35/10 35/19     present [4] 1/18 2/15 3/20 ready [1] 42/6               48/10
29/8 31/25 33/21 37/6
                            56/10 56/16                 58/3                       real [1] 43/1               reported [2] 1/23 60/8
38/17 38/19 40/10 40/14
                            periods [3] 31/25 57/8      presume [1] 57/19          really [6] 14/20 17/18      Reporter [5] 1/24 60/1
40/21 44/9 50/25 51/5 51/5
                            57/10                       pretty [2] 9/2 18/12        21/18 45/21 49/18 51/8      60/4 60/5 60/16
52/7 54/10 56/23 57/2
                            permit [1] 20/17            prevalence [1] 27/6        Realtime [1] 60/5           requirement [3] 6/10 6/12
otherwise [3] 36/10 36/12
                            permits [2] 14/6 14/24      primary [5] 4/9 6/20 6/24 reason [6] 3/19 5/21 6/8      57/22
50/15
                            permitted [1] 51/7          13/11 39/24                 13/23 50/17 51/13          rescheduled [1] 2/23
our [4] 15/19 18/18 19/2
                            perpetrate [1] 14/15        principle [6] 30/15 30/16 reasonable [6] 17/1 33/10 resemblance [1] 41/7
32/21
                            perpetrating [1] 26/5       30/24 32/8 33/7 40/8        33/12 33/16 40/9 50/16     residence [21] 5/14 5/24
out [22] 2/20 5/3 6/6 9/15
                            person [4] 9/25 16/11 26/4 printed [2] 13/1 49/9       reasonably [1] 57/19         14/6 14/12 14/13 14/14
10/13 13/1 16/3 19/19
                            49/12                       prior [3] 2/21 10/14 22/15 reasons [5] 8/17 22/8        16/6 23/9 26/10 31/3 33/2
23/25 24/2 24/4 24/10 27/7
                            person's [5] 13/25 16/6     prison [1] 37/13            22/18 40/12 48/7            39/11 39/19 39/25 40/11
29/13 34/6 35/13 36/4
                            49/14 51/18 51/22           private [1] 5/13           receipt [1] 35/20            41/11 50/5 54/18 55/3 56/4
36/13 36/22 37/13 54/17
                            personal [2] 12/15 31/24 probability [1] 41/3          receiving [3] 34/11 35/9     56/5
58/8
                            perspective [2] 34/4 34/23 probable [25] 5/16 5/17      43/21                      residences [1] 56/1
outset [1] 29/4
                            pertaining [1] 23/21        6/9 10/25 13/23 13/24      recent [1] 18/23            resources [3] 45/17 58/7
outside [1] 31/2
                            phone [109]                 15/14 16/11 16/12 19/5     recess [1] 59/11             58/7
outstanding [1] 20/13
                            phone's [1] 14/13           22/24 23/7 26/12 31/17     record [5] 31/4 49/13       respect [21] 11/3 11/5
over [5] 4/12 15/11 23/5
                            phones [11] 5/12 9/1 9/20 32/5 35/3 39/14 39/17         49/23 58/20 58/22           18/19 25/3 25/4 25/18 29/3
44/11 49/10
                            9/24 15/2 27/6 27/9 27/18 41/17 48/22 49/21 55/16      records [37] 15/6 16/2       29/15 30/3 30/24 32/9
overflowing [1] 23/7
                            30/2 40/19 40/23            55/18 55/20 57/14           17/6 17/8 22/13 23/12       33/21 36/1 36/13 41/12
overlap [2] 46/20 52/14
                            photographs [2] 31/24       probably [4] 9/2 13/14      23/15 23/18 25/21 25/25     42/12 43/8 44/17 47/7
owed [1] 36/6
                            34/19                       18/12 47/5                  29/4 29/8 29/11 29/12       47/20 48/12
own [2] 13/7 56/3
                            physical [2] 13/6 15/7      probation [1] 26/16         29/12 30/2 30/11 31/25     response [2] 30/23 48/5
ownership [1] 4/25
                            picked [3] 12/17 24/17      problem [2] 22/16 22/17     32/13 32/15 33/5 33/13     rest [1] 22/4
P                           27/19                       problematic [1] 17/24       33/17 38/18 40/5 49/8 49/9 result [3] 56/4 58/5 58/17
                            picture [4] 10/11 10/21     proceed [1] 3/12            49/15 49/24 50/4 50/5      retain [1] 31/23
package [3] 23/5 31/18
                            10/22 12/16                 proceedings [1] 60/8        50/11 51/17 55/25 56/1     revealed [1] 25/12
43/24
                            piece [1] 43/3              proceeds [4] 5/24 35/9      57/2 57/3                  review [5] 25/9 25/10
packaging [2]   4/21 46/8
                            place [9] 5/5 6/25 6/25     52/25 55/1                 recovered [1] 4/16           27/21 43/13 48/14
packing [1] 53/25
                            16/6 20/20 38/9 39/12 40/3 proffer [4] 48/1 52/9 53/17 reference [1] 33/3          Rich [1] 2/14
page [3] 31/21 32/7 60/9
                            50/5                        57/25                      referenced [5] 27/9 34/6 RICHARD [1] 1/17
Page 11 [1] 31/21
                            placed [1] 9/1              proffering [2] 48/6 48/8    34/15 41/5 47/5            riding [5] 43/3 43/10 44/15
Page 12 [1] 32/7
                            plain [2] 4/20 34/4         Program [2] 23/22 24/12 referred [1] 59/2               48/2 53/1
pages [1] 23/5
                            Plaintiff [2] 1/5 1/15      proper [1] 56/21           referring [3] 35/4 43/16    right [33] 2/11 2/16 3/12
paid [4] 7/18 24/7 37/15
                            plan [3] 44/21 45/2 47/16 property [2] 29/25 33/5       43/17                       9/6 9/22 10/4 11/21 12/2
37/15
                            plea [1] 8/7                prosecute [1] 17/19        reflect [1] 36/24            12/11 12/20 17/25 17/25
pandemic [1] 3/23
                            pleadings [1] 6/21          protect [3] 21/5 21/13     refurbish [1] 45/4           18/1 18/9 19/17 19/19
Paragraph [6] 25/1 26/17
                            pleasure [1] 2/12           21/22                      regard [9] 10/9 15/25        22/22 23/13 25/7 28/9
28/16 37/1 40/22 40/24
                            plus [1] 35/21              protection [5] 21/16 23/22 18/18 19/9 19/14 49/5        33/19 33/20 34/7 37/8
Paragraph 53 [1] 25/1
                            podium [1] 6/18             24/12 50/1 51/21            49/15 50/9 52/2             38/10 42/23 46/16 46/20
Paragraph 58 [1] 37/1
                            point [7] 2/23 13/1 14/19 provide [1] 41/19            regarding [7] 25/13 29/24 48/6 48/16 51/9 59/4 59/9
Paragraph 68 [1] 28/16
                            42/17 47/10 54/7 57/25      provided [2] 4/10 4/11      36/25 46/20 46/22 46/24    rights [1] 45/17
R                           secure [3] 9/25 29/8 32/18 somewhere [4] 7/5 17/5       substantial [2] 35/2 51/4     9/14 9/19 11/9 11/10 11/18
               Case22/22
RILEY [5] 1/15 2/7
                            see [5] 18/2 18/2 20/12
                       1:23-cr-00026-GLR
                             43/25 48/4
                                                         19/4 22/15
                                                      Document                                      Page 67 of12/3
                                                                                    substantially [1] 32/24
                                                                     66 Filed 07/10/24
                                                        sophisticated [1] 13/5      successful [2] 43/9 43/9
                                                                                                                    6812/7 12/12 12/17 14/5
                                                                                                                  14/19 14/24 14/25 15/12
 52/2 58/25
                            seem [1] 37/11              sorry [1] 51/2              such [10] 27/7 30/5 32/15 15/22 17/4 17/22 24/6 25/1
rise [2] 5/15 59/10
                            seems [2] 14/2 45/21        sort [3] 3/22 17/13 20/20    40/4 40/5 40/7 46/25 50/4 26/17 28/16 29/1 29/16
risk [1] 45/11
                            seen [4] 13/25 14/25 21/22 sought [10] 4/16 23/12        50/5 56/23                   30/6 30/14 30/18 31/6
RMR [2] 1/23 60/16
                             53/15                       29/22 29/25 31/8 32/15     sudden [1] 37/15              34/11 35/10 37/1 38/11
robbery [1] 45/1
                            seized [9] 3/14 29/25 30/4 33/5 54/20 55/25 57/2        sufficient [6] 15/22 41/1     39/7 39/8 39/11 40/22
role [1] 57/18
                             31/8 31/23 32/14 40/4      source [2] 37/6 43/20        45/13 45/15 55/7 55/15       40/24 41/5 41/15 42/12
Ronda [3] 1/23 60/4 60/16
                             43/13 58/17                sourcing [1] 37/22          suggest [8] 16/1 17/5 17/7 43/16 45/9 46/6 46/13
roof [1] 22/7
                            seizure [1] 32/4            spanning [1] 34/24           21/21 36/8 37/12 53/13       46/14 49/18 49/19 49/23
routinely [3] 30/19 30/21
                            sell [1] 43/4               SPECIAL [4] 1/19 1/19 2/8 53/20                           50/7 50/23 51/8 51/25 52/3
 33/24
                            selling [2] 16/11 43/10      2/8                        suggestion [6] 12/25 28/4 52/7 54/7 57/20
rule [5] 13/22 14/1 17/22
                            sense [5] 30/25 33/11       specific [5] 8/15 23/1 36/2 28/5 36/2 38/18 57/7         theft [18] 10/14 12/10
 32/10 47/15
                             33/12 38/11 54/3            42/4 56/1                  suggests [10] 9/4 9/12        12/18 12/22 19/10 19/11
ruled [1] 50/10
                            sent [2] 2/20 11/14         specificity [1] 48/5         15/10 18/25 36/3 36/10       29/1 35/1 35/22 35/22
rules [2] 19/6 20/17
                            separate [3] 4/23 6/5 12/6 spent [1] 27/12               36/12 49/7 49/16 52/4        42/24 43/7 43/12 44/14
running [1] 36/13
                            separated [1] 58/10         spring [3] 8/25 11/12       summer [4] 1/19 2/8 43/8 45/3 45/20 52/17 59/3
RUSSELL [1] 1/11
                            separately [1] 52/8          19/17                       43/18                       thefts [1] 52/20
RYAN [3] 1/7 2/5 2/14
                            September [10] 7/19         stale [5] 4/11 33/25 41/17 superseding [3] 29/2          their [6] 16/12 27/4 29/8
S                            11/15 11/20 16/16 24/8      50/4 56/24                  42/23 44/8                   47/20 52/10 55/21
                             34/11 35/9 35/21 49/5      staleness [20] 5/19 15/16 supervised [4] 5/3 55/11 them [21] 12/15 13/1 13/1
said [22]  7/22 10/2 10/9
                             52/21                       16/1 22/11 22/16 22/25      55/13 56/8                   13/2 20/14 20/20 21/22
 12/9 20/3 23/25 24/24
                            September '21 [2] 24/8       29/15 30/5 30/9 30/16      support [3] 24/23 55/17       27/4 28/25 33/17 40/23
 29/17 30/8 30/16 30/18
                             35/21                       30/24 31/19 32/9 32/14      56/19                        42/5 43/10 48/24 49/10
 32/7 33/22 40/18 41/8 45/6
                            September 2021 [2] 34/11 32/25 33/23 35/24 49/15        supported [2] 38/20 41/17 49/10 49/25 49/25 54/9
 46/23 47/16 49/3 49/19
                             35/9                        51/9 51/12                 supporting [1] 21/3           54/11 58/3
 50/22 52/2
                            series [1] 52/20            standard [1] 40/9           supposed [2] 29/18 29/20 themselves [2] 14/8 57/10
sale [3] 48/2 52/22 52/25
                            serious [1] 19/12           standpoint [1] 3/10         suppress [12] 3/3 3/7 3/13 then [26] 3/11 4/3 4/14
salutation [1] 2/14
                            service [2] 56/14 56/18     stands [1] 59/10             3/14 17/15 22/1 22/19        7/19 9/19 10/5 11/21 13/2
same [20] 6/6 9/11 9/13
                            set [1] 2/22                start [4] 22/14 22/23 23/24 22/24 41/20 42/3 54/15        15/13 15/22 16/5 20/2
 13/8 20/19 21/23 21/24
                            seven [8] 16/24 17/2 36/21 48/12                         54/17                        22/12 22/25 23/18 30/2
 27/15 31/3 32/8 38/25
                             44/13 50/17 50/18 50/20    started [7] 17/3 22/15 49/3 suppressed [1] 41/13          34/10 34/13 37/14 39/21
 44/19 44/20 45/19 47/6
                             50/22                       50/16 51/10 51/11 51/14    suppressing [1] 17/19         39/23 49/25 51/14 51/15
 47/14 51/7 52/15 52/19
                            seven-month [1] 16/24       starts [1] 51/13            suppression [1] 17/15         53/4 56/9
 53/18
                            sever [8] 3/2 5/25 21/19    state [1] 11/8              Supreme [1] 49/19            there [88]
saw [4] 28/6 37/9 39/22
                             22/19 47/19 54/15 58/8     stated [1] 48/20            sure [2] 43/23 58/22         there's [60] 6/11 7/1 7/19
 48/9
                             58/16                      statement [4] 27/24 28/1 suspect [1] 19/21                7/25 9/4 9/7 9/12 11/22
say [18] 11/16 18/22 22/2
                            several [2] 20/2 51/6        45/24 46/22                suspected [1] 40/1            12/4 12/7 12/25 13/11 14/2
 22/3 22/12 22/13 28/22
                            severance [9] 17/11 19/8 statements [2] 23/19                                         14/21 15/9 15/14 15/15
 35/1 36/14 38/15 44/11                                                             T
                             39/21 42/6 45/1 47/22 52/2 23/20                                                     15/16 15/17 16/4 17/5 17/7
 45/24 46/18 48/24 49/17
                             54/5 57/24                 states [7] 1/1 1/4 2/5 4/11 T-Mobile [1] 26/17            18/16 19/21 20/5 20/16
 50/16 51/22 52/22
                            short [1] 56/10              7/8 60/5 60/11             take [5] 13/5 13/6 29/20      20/22 21/21 22/16 22/16
saying [7]  14/2 14/8 14/12
                            should [5] 6/23 18/25       statute [3] 6/6 19/16 58/15 49/25 50/8                    28/4 28/5 29/9 29/15 36/2
 14/20 14/20 37/17 46/12
                             41/13 54/9 54/9            statutes [1] 20/4           taken [6] 4/24 13/1 34/19 38/12 39/17 39/25 41/24
says [16] 10/10 10/10
                            shows [1] 7/3               stenographically [1] 60/8 39/12 40/25 49/10               44/23 45/25 46/18 48/20
 10/11 10/13 11/18 11/19
                            sign [2] 31/16 35/2         stenographically-reported takes [1] 35/16                 48/24 49/4 49/4 49/7 49/8
 14/25 32/4 33/6 38/16
                            signed [3] 11/8 23/6 36/17 [1] 60/8                     taking [2] 5/5 35/11          49/13 49/25 51/17 52/6
 39/24 39/25 49/8 49/18
                            significant [2] 43/21 44/2 stenotype [1] 1/22           talk [5] 8/18 16/7 16/8       53/12 53/18 53/19 53/19
 52/4 52/6
                            similar [1] 44/19           step [3] 23/24 23/25 25/5 30/12 42/13                     53/19 55/7 56/25 57/7
scheme [26] 3/23 4/22 5/3
                            simply [9] 19/5 19/25       still [18] 9/7 9/13 13/14   talked [13] 27/1 27/5 30/1 thereafter [1] 24/7
 5/5 5/20 12/7 21/4 21/6
                             20/17 22/5 32/10 36/7       14/4 15/15 17/2 17/7 22/13 31/6 31/20 32/12 33/1        therefore [3] 14/4 51/25
 21/16 37/12 42/24 43/12
                             38/20 39/10 57/4            31/5 32/5 34/7 34/11 37/18 36/11 36/11 37/24 40/12       53/22
 44/3 44/10 44/14 44/21
                            Sing [1] 51/7                41/18 49/10 50/18 51/11     49/2 53/3                   therein [1] 23/15
 45/2 45/23 47/16 52/16
                            single [1] 44/12             51/16                      talking [5] 22/24 22/24      these [28] 6/1 6/1 8/1 8/13
 55/17 56/2 56/19 58/2 58/9
                            sir [6] 2/12 2/17 2/18 6/16 stopped [1] 11/22            23/24 27/12 50/6             8/16 8/20 9/15 10/15 11/7
 58/18
                             8/5 51/2                   storage [4] 27/10 27/11     talks [2] 27/17 28/17         13/14 16/3 19/18 20/16
schemes [8] 3/24 4/12 6/7
                            site [1] 47/8                30/6 56/24                 telephone [1] 27/4            24/15 25/21 25/25 26/5
 13/4 27/7 27/7 28/24 58/9
                            situation [4] 15/19 17/18 story [1] 22/5                tell [7] 4/2 6/13 9/10 10/20 28/6 28/12 31/4 31/10
search [31] 5/16 7/4 10/5
                             17/21 17/23                straightforward [1] 5/25     14/7 22/5 53/24              38/14 41/22 43/10 43/18
 11/13 13/25 14/5 14/23
                            six [1] 35/14               strawman [1] 39/7           temporal [5] 6/3 50/2 50/3 44/14 49/9 55/12
 15/22 16/12 18/22 20/25
                            smart [1] 13/7              streamlined [1] 47/11        55/14 55/14                 they [71]
 20/25 25/8 25/11 26/19
                            so [85]                     Street [2] 1/24 7/16        term [1] 16/14               they're [24] 6/2 6/3 6/4 6/4
 32/6 39/11 42/1 44/1 46/1
                            society [1] 15/20           strong [1] 45/25            terms [3] 34/18 46/20         14/7 14/8 14/12 14/20
 46/21 49/6 49/14 51/6
                            some [10] 6/8 9/6 23/1      strongest [1] 51/21          48/11                        14/20 18/7 19/12 20/4 20/9
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                             39/6                       subject [1] 15/23            22/15 33/17 41/1 45/23      theycallmedales [2] 24/20
searches [1] 46/17
                            someone [5] 10/21 36/22 submission [3] 25/15             50/25 57/4 57/21             25/9
searching [4] 15/5 15/6
                             36/23 36/24 43/19           31/10 35/20                thank [12] 6/17 22/20        thing [9] 7/17 9/15 11/8
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                            something [8] 18/7 18/8 submit [1] 35/16                 22/21 48/16 48/17 48/19      11/14 13/8 13/13 15/25
seat [1] 2/3
                             18/23 18/23 18/24 22/11    submitted [9] 24/3 24/15 54/12 54/13 58/23 59/6           17/25 18/1
second [9] 4/3 4/6 4/15
                             47/9 50/8                   25/22 25/24 32/22 34/16     59/8 59/9                   things [14] 5/15 9/2 10/3
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                            somewhat [3] 16/21 22/11 35/18 37/19 38/16              that [420]                    10/10 12/8 15/5 15/9 15/10
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                             44/23                      submitting [2] 34/8 34/8 that's [58] 2/5 6/14 9/9         17/13 20/13 21/3 22/7
T                            22/2 44/4 45/18 45/19      using [6] 9/25 38/7 38/8    35/15 37/3 38/16 41/16     would [73]
                             45/20                       42/25 42/25 43/21          41/21 45/2 46/1 47/3 50/19 wouldn't [1] 45/15
                Case
things... [2] 28/19     1:23-cr-00026-GLR
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                            trials [3] 46/22 47/5 47/9
                                                      Document 66 Filed 07/10/24                   Page 68 ofwrong
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think [37] 9/10 12/3 12/9                               V
                            tried [7] 20/12 21/24 45/7                              weren't [3] 15/5 15/6 58/4
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                             45/22 52/8 58/19 59/2      valid [1] 57/19             what [42] 3/4 3/10 5/15
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                            tries [1] 16/1              valued [1] 43/3             5/15 6/15 7/15 8/10 10/7   Yeah [3] 15/8 34/2 46/14
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                            troubling [1] 17/14         various [1] 26/24           10/19 11/18 11/19 12/8     year [2] 4/12 36/17
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                            true [1] 60/7               vastly [1] 53/22            14/2 14/5 14/19 14/20      yearly [1] 9/3
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                            trustee [1] 45/5            vehicle [1] 42/11           14/24 14/25 15/12 18/2     years [10] 9/14 11/13 12/6
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                            try [6] 20/4 20/7 20/8 44/4 venture [1] 43/9            18/20 19/22 20/18 22/2      15/11 22/15 49/11 50/7
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                            trying [1] 20/16            very [10] 11/7 12/8 16/8    43/16 43/24 46/12 46/14    Yep [1] 26/9
thinking [5] 12/13 17/18
                            two [20] 3/2 3/17 3/21 7/16 16/9 22/20 37/14 40/8 43/2 48/8 48/8 49/17 49/18 52/1 yes [37] 2/4 2/13 6/24 7/24
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thinks [1] 47/13
                             22/15 23/12 23/22 30/1     victims [1] 43/1            what's [4] 10/18 10/18      11/2 12/19 13/10 13/17
this [111]
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Thomas [3] 1/23 60/4
                             54/1 55/9 58/12 58/18      view [2] 4/21 19/2          whatsoever [3] 11/20        21/8 21/11 21/14 22/23
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                            type [4] 31/1 32/1 32/16    views [1] 54/8              16/18 48/12                 23/11 26/11 28/3 34/3 42/7
thoroughly [1] 25/6
                             33/6                       violations [1] 34/1         when [24] 4/23 8/5 11/7     42/10 42/22 46/5 46/11
those [31] 7/20 10/4 10/10
                            types [2] 12/22 53/22       virtually [2] 27/4 40/23    11/9 11/16 12/13 13/3 17/3 48/3 51/2 51/3 52/24 53/6
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                            typical [1] 9/2             VOA [7] 12/25 13/1 17/6     19/20 28/2 28/19 30/4       58/23
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                            typically [4] 3/4 5/12 9/24 33/18 38/3 38/18 56/9       34/11 34/18 35/16 35/18    you [75]
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                             56/1                       Volunteers [6] 5/4 7/7      38/5 38/21 39/1 50/10 54/9 you're [9] 6/13 11/21 26/8
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                                                         7/10 7/12 33/10 37/23      57/12 58/5 59/1             33/19 33/20 38/7 38/8 48/6
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                                                        vs [1] 1/6                  where [25] 3/11 3/12 4/16 53/24
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                            U.S [3] 2/6 2/6 16/19                                   6/14 6/14 7/5 12/17 14/22 your [98]
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                            U.S.C [1] 60/7                                          16/4 16/6 17/18 18/21 20/1
thought [1] 12/9                                                                                               Z
                            UI [4] 25/15 35/5 35/8      Walk [1] 23/10              26/21 28/13 33/25 37/14
three [4] 6/1 12/6 12/8
                             38/14                      want [4] 17/18 17/20 18/8 39/3 40/7 44/9 44/13 53/15 zero [2] 16/16 48/22
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                            ultimately [2] 39/19 52/6    29/14                      56/13 57/9 57/18
through [12] 3/1 3/18 3/25
                            umbrella [1] 58/14          wanted [1] 3/9              where's [1] 34/2
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                            under [5] 26/18 47/15 50/1 warned [1] 25/18             whereby [1] 42/25
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                             58/14 58/14                warrant [30] 3/16 3/17      wherever [2] 13/2 49/25
throwing [1] 46/7
                            underlying [3] 2/22 43/6     4/23 6/10 6/12 15/22 18/10 whether [5] 14/8 29/22
tied [1] 58/4
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time [33] 4/14 5/4 5/22
                            understand [6] 19/8 19/12 25/8 25/10 25/11 26/19        which [25] 3/6 3/15 15/16
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                            understanding [3] 3/1        32/6 35/3 42/1 44/1 49/6   27/16 29/13 30/8 34/5
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                             3/10 6/15                   49/21 54/18 54/20 57/2     35/21 35/24 38/22 38/24
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                            understands [2] 43/4         57/18 57/22                39/16 39/19 41/9 44/24
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                            unemployment [11] 23/21 warrants [2] 4/18 4/20          56/18
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                             24/3 24/5 25/13 25/14      was [155]                   while [4] 34/9 55/12 55/12
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                             25/23 31/13 32/22 34/9     wasn't [2] 10/25 57/14      56/9
times [2] 11/4 20/5
                             36/23 37/20                watch [1] 18/1              who [9] 2/15 5/22 11/8
timing [1] 43/6
                            unfortunately [1] 53/12     way [6] 6/23 7/11 14/1      21/21 26/4 32/17 36/22
today [4] 2/10 18/17 39/23
                            UNITED [6] 1/1 1/4 2/5       25/5 44/5 46/13            43/19 49/22
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                             4/11 60/5 60/11            ways [1] 58/11              who's [1] 43/19
together [12] 20/4 20/17
                            unlawful [2] 33/23 57/6     we [61]                     whole [1] 22/5
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                            unless [2] 19/5 57/16       We'll [1] 22/25             whose [2] 36/23 36/24
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                            unlike [1] 56/22            we're [8] 2/10 6/15 11/25 why [10] 2/3 6/15 17/22
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                            unpublished [1] 44/24        17/19 29/17 37/20 38/5     18/22 18/22 18/23 18/24
too [5] 15/6 18/16 24/21
                            until [2] 13/2 35/9          50/6                       45/14 49/19 52/7
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                            up [21] 2/22 12/17 13/2     we've [2] 37/5 37/23        Wi [1] 38/7
took [1] 33/16
                             13/3 18/23 24/17 27/14     weapon [1] 20/7             Wi-Fi [1] 38/7
tool [3] 42/16 53/7 53/13
                             27/14 27/19 30/15 30/19    weeks [1] 20/2              will [17] 2/22 6/10 22/2
tools [5] 21/7 21/12 46/7
                             30/21 32/20 35/9 38/12     weigh [1] 58/5              28/22 30/12 30/13 34/17
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                             43/1 43/25 52/11 54/4 54/7 weighs [1] 35/24            38/13 44/3 44/7 44/11
totality [3] 29/20 40/25
                             57/15                      well [31] 2/8 3/2 3/5 3/9   45/12 45/18 48/21 56/21
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                            uploaded [3] 24/23 25/24 4/22 6/7 9/18 10/24 11/24 58/9 58/18
towards [1] 43/22
                             28/19                       13/4 15/6 18/10 20/7 20/12 wire [12] 12/5 23/8 26/3
trade [7] 21/7 21/12 42/16
                            uploading [1] 31/11          20/14 20/24 21/17 27/2     42/24 43/7 44/8 44/10
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                            upon [4] 5/12 54/21 55/3     31/7 31/14 37/18 40/8      44/13 44/18 47/22 49/13
traded [1] 9/3
                             55/21                       45/10 47/6 47/7 47/9 50/8 49/22
trades [1]   46/8
                            us [1] 2/7                   50/22 52/9 58/8 58/24      wires [1] 53/19
trafficking [2] 42/12 46/9
                            use [14] 8/14 8/18 8/19     well-established [1] 40/8 wishes [1] 47/24
training [5] 5/12 27/2 27/3
                             9/16 27/6 31/12 33/11      Wells [1] 25/20             within [6] 4/10 54/20 55/7
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                             33/11 40/19 43/1 45/3 47/9 went [2] 18/14 19/20        56/6 56/9 57/9
transaction [1] 44/20
                             55/16 56/3                 were [47] 3/21 4/4 4/4 4/7 without [1] 9/6
transcript [3] 1/11 60/8
                            used [27] 5/7 5/7 5/11 8/1 4/13 4/18 4/20 4/21 7/1 8/6 witness [1] 46/7
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                             8/12 8/12 8/16 8/17 8/20    10/4 12/14 12/16 12/23     witnesses [1] 46/20
transcription [1] 1/22
                             8/20 13/14 14/15 20/23      12/23 14/10 15/2 15/8      word [1] 18/5
transfers [1] 53/20
                             24/20 26/16 26/20 28/24     17/14 17/17 19/18 21/5     words [2] 17/1 51/5
transiency [1] 15/1
                             28/25 43/24 52/4 52/7 53/1 21/10 21/23 24/7 24/15      worried [1] 4/1
transmission [1] 7/13
                             53/21 54/22 54/22 55/8      24/23 25/17 25/23 27/20    worry [1] 3/25
trial [8] 2/22 2/24 2/24
                             55/22                       28/19 28/23 28/25 34/19    worth [1] 36/21


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