Ponzi Schemer David Connolly's Guilty Plea Transcript

Case 2:12-cv-02952-WJM-MF Document 20-3 Filed 03/10/14 Page 1 of 22 PageID: 118
P1

1
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY
Criminal No. 2:12-cr-00343-WJM-1
2
3
UNITED STATES OF AMERICA,

4
:
:
v.
TRANSCRIPT OF PROCEEDINGS
Plea Hearing
-
5
DAVID CONNOLLY,
6
Defendant.
7
Newark, New Jersey

February 4, 2013
9
B E F 0 R E:
10
THE HONORABLE WILLIAM J. MARTINI,
UNITED STATES DISTRICT JUDGE
12
13
14
15
16
17
APPEARANCES:
UNITED STATES ATTORNEYS OFFICE
BY:
CHARLTON A. RUGG
LESLIE FAYE SCHWARTZ
Assistant U.S. Attorneys
For the Government
SALUTI LAW GROUP, LLC
BY:
RICHARD ROBERTS, ESQ.
For the Defendant
18
19
20
Pursuant to Section 753 Title 28 United States Code, the

following transcript is certified to be an accurate record as
taken stenographically in the above entitled proceedings.
21
S/WALTER J.
PERELLI
22
23
WALTER J. PERELLI, CCR, CRR

Official Court Reporter
24
25
WALTER J.
PERELLI,
C.S.R,
OFFICIAL COURT REPORTER,
NEWARK,

1
THE COURT:
This is the matter of the United States vs.
Good morning.
Connolly.
Could I have appearances of counsel,
MR.
ROBERTS:
Roberts
representing Mr.
10
Good morning,
from the Saluti Law Group,
8
9
David
please?
your Honor.
Richard F.
standing in for Mr.
Saluti
Connolly.
THE COURT:
Its my understanding Mr.
Connolly is he
today to offer a plea of guilty to a plea agreement.
Is that
correct?
11
MR.
ROBERTS:
12
MR.
RUGG:
13
THE COURT:
14
THE DEPUTY CLERK:
It is.
Yes,
your Honor.
Could we have him sworn,

Sir,
please?
could you please stand.
15
16
D A V I D
C 0 N N 0 L L Y,
the Defendant,
is duly sworn:
17
18
19
THE DEPUTY CLERK:
Please state your name for the
record.
20
THE DEFENDANT:
David Connolly.
21
22
EXAMINATION BY THE COURT:
23
24
25
answering my questions.
All right.
WALTER J.
Mr.
PERELLI,
Connolly,
C.S.R.,
please keep your voice up in
NEWARK,

1
How old are you,
sir?
51.
And you understand and speak English.
Yes.
Do you have any medical or psychiatric condition which
would interfere with your understanding me this morning?
No.
Have you taken any medications or any alcohol to the exte
it would interfere with your understanding me?
Correct?
10
No,
11
You have an attorney,
12
satisfied with their services?
13
Yes,
14
Do you have any objection to Mr.
15
16
17
Is that correct?
18
Yes.
19
Okay.
20
of guilty to Count 1 and Count 10 of the Superseding Indictme
21
Number 12-343.
22
Yes,
23
Okay.
24
Defendant with what we call securities fraud,
25
federal law 15 U.S.C.
No,
your Honor.
Mr.
Roberts and Mr.
Saluti.
Are yo
your Honor.
Roberts standing in toda
your Honor.
Youve gone over this with both Mr.
WALTER J.
Roberts and Mr.
Salut
Its my understanding that youll be offering a p1
Is that your understanding?
your Honor.
Count 1 charges that you did
PERELLI,
Section 78(j) (b)
C.S.R.,
--
charges the
in violation of
and 78(f) (f)
and 17 CF
NEWARK,

1
Section 240.lOb-5;
laundering,
the two charges in summary form and those are the federal
statutes under which those charges are brought.
and Count 10 charges you with money
in violation of 18 U.S.C.
Section 1957.
Those ar
Do you understand that?
Yes,
Did you have a chance to read over those counts with your
lawyers before today?
Yes.
10
And did they thoroughly explain to you the nature of thos
11
charges in Counts 1 and Count 2?
12
Yes,
your Honor.
your Honor.
13
THE DEPUTY CLERK:
2?
14
Im sorry,
Count 10.
15
THE COURT:
16
Just a moment.
Judge.
Count 10.
Im sorry.
17
18
today,
19
Defendant charged with federal felonies,
20
the right to a jury trial.
Okay.
Do you understand that by offering this plea here
youre giving up certain rights that you have as a
21
and most importantly
22
Yes,
23
And that would be a trial in a courtroom like this in whi
24
12 citizens of the United States would be impaneled,
25
Government would have the burden of proving the case against
WALTER J.
your Honor.
PERELLI,
C.S.R.,
and the
NEWARK,

1
you beyond a reasonable doubt to the satisfaction of all 12
jurors who would have to agree unanimously before you can be
found guilty of either of these counts.
Yes,
Do you understand at such a trial you have the right to a
lawyer,
you at no cost to you?
your Honor.
and if you couldnt afford one,
I would appoint one f
10
Yes,
11
You also understand that at such a trial the Government
12
would have the burden of proving its case against you,
13
would not have any obligation or duty to put forth any defens
14
or to testify in your own behalf.
15
your Honor.
and yo
16
Yes.
17
You would be presumed to be innocent,
18
exercise your right to remain silent at such a trial,
19
would not be permitted to infer any wrongdoing or guilt again
20
you for doing that.
21
and if you were to

the jur
22
Yes,
23
I would instruct them accordingly if you wished me to.
24
you understand that?
25
Yes,
WALTER J.
your Honor.
D
sir.
PERELLI,
C,S.R.,
OFFICIAL COURT REPORTER, NEWARK,

1
burden of proving its case against you beyond a reasonable
doubt.
essential elements of the charges.
have to prove three essential elements:
All right.
As I indicated,
And what they would have to prove are what we call
First,
shares in the trusts,
partnerships that you,
the following:
10
As to Count 1 they would
that in connection with the purchase or sale
11
the Government would have the
limited liability companies,

the Defendant,
That you employed a device,
and limite
did any one or more of
scheme or artifice to
defraud;
12
That you made an untrue statement of material fact o
13
omitted to state a material fact which made what was said und
14
the circumstances misleading; or
15
Three,
engaged in an act,
16
business that operated,
17
upon a purchaser or seller.
18
practice,
or would operate,
or course of
as a fraud or decei
The second element they would have to prove beyond a
19
reasonable doubt is that you acted willfully,
20
with the intent to defraud;
knowingly,
and
and
21
The third element that theyd have to prove beyond a
22
reasonable doubt as to Count 1 would be that you did knowingl
23
use or caused to be used any means or instruments of
24
transportation or communication in interstate commerce or the
25
use of the mails in furtherance of this fraudulent activity.
WALTER J.
PERELLI,
C.S.R.,
NEWARK, N
Those are the three elements theyd have to prove
beyond a reasonable doubt to the satisfaction of a jury,
12,
before you could be found guilty.
Yes,
With respect to Count 10,
following elements beyond a reasonable doubt:
8
9
they would have to prove the
that you engaged,
or attempted to engage,
Second,
that the monetary transaction involved
property of a value greater than $10,000;

Third,
that the property was derived from specified
unlawful activity;
14
Fourth,
that the Defendant acted knowingly;
that is,
15
with knowledge that the transaction involved proceeds of a
16
criminal offense;
17
18
in
monetary transaction in or affecting interstate commerce;
12
13
your Honor.
First,
10
11
all
and
Fifth that the transaction took place in the United

States.
19
Those are the elements they would have to prove beyo
20
a reasonable doubt as to Count 10 before a jury could find yo
21
guilty of that count.
22
23
Yes,
24
You should also understand if I accept your plea of guilt
25
the penalties youll be facing with respect to Count 1 are a
WALTER J.
your Honor.
PERELLI,
C.S.R.,
NEWARK,

1
statutory maximum prison sentence of up to 20 years,
statutory maximum fine equal to or up to about $5 million.
and a
Yes,
Also,
facing is a statutory maximum prison sentence of up to 10 yea
and a fine of up to or about $250,000.
your Honor.
with respect to Count 10,
the penalty youll be
Yes,
10
In addition to those penalties,
11
order to pay restitution; you may have to give notice to any
12
victims of the crime;
13
forfeit any property derived from the crime.
14
your Honor.
youll be faced with an
and I will be required to order you to
15
Yes,
16
And in addition,
17
Supervised Release of not more than three years per count,
18
which would begin at the expiration of any term of imprisonme
19
you may have to serve.
20
your Honor.
I may impose whats called a term of
21
Yes,
22
What you should understand about Supervised Release is th
23
if you violate the conditions and terms of Supervised Release
24
in all like understood youll be brought back before me and
25
have to serve either more time in jail or more time on
WALTER J.
your Honor.
PERELLI,
C.S.R.,
NEWARK,

1
Supervised Release,
or both.
Yes.
You should also know that in Federal Court theres not
whats called parole.
custodial term,
somewhere between 85 and 90 percent of that custodial term.
If you were to receive a term,
youll be actually serving in a facility
Yes,
10
Those are the penalties youll be faced with if I accept
11
your plea.
12
your Honor.
13
Yes.
14
Now,
15
Yes.
16
You should understand that a conviction like this could
17
jeopardize certain privileges and rights you have as a citize
18
Your right to hold a public office; your right to serve on a
19
jury; your right to vote,
20
privileges and/or rights that you have that could be in
21
jeopardy.
22
are you a citizen of the United States?
or privilege.
Those are all
23
Yes,
24
Now I understand that youre offering this plea of guilty
25
pursuant to a plea agreement thats set forth in a letter dat
WALTER J.
your Honor.
PERELLI,
C.S.R.,
NEWARK,

1
January 29th,
it is of the agreement?
Yes.
And did you sign it on February 1st,
over it with your lawyer, Mr.
questions you may have had about whats in this agreement?
Yes,
Do you understand that this is the full and complete
agreement between you and the Government?
Is that your signature on page 7 I think
2013.
Saluti,
2013 after you went
and he answered any
your Honor.
And what that mean
10
is if something was said to you or promised to you by either
11
your lawyers or the Government thats not incorporated in thi
12
agreement,
13
its of no binding effect on you or the Government
14
Yes, your Honor.
15
Okay.
16
anybody forcing or threatening or coercing you to do it?
17
Yes.
18
And you should also understand,
19
sentence in this case,
20
sole discretion of myself as the sentencing Judge.
21
that means is,
22
look to for guidance as to what would be a reasonable sentenc
23
I could,
24
to the maximum statutory amounts that I just described to you
25
Did you sign this agreement voluntarily,
without
when it comes to the
the sentence to be imposed is in the

And what
while there are Sentencing Guidelines that I
if I thought it was reasonable,
impose a sentence up
WALTER J.
PERELLI,
C.S.R.,
NEWARK,

1
Yes,
In other words,
advisory.
Yes.
You should also understand
Government have entered into whats called certain stipulatio
that are set forth in Schedule A on page 8 of this agreement.
Its whats referred to as a factual stipulation.
what you should understand is thats an agreement between you
your Honor.
the guidelines are not mandatory,
theyre
--
I notice that you and the
But again,
10
and the Government.
11
but if for some reason I were not to agree to that,
12
findings would be final and you would not have the right to
13
withdraw your guilty plea.
14
And if for some reason
its unlikely
then my
15
Yes,
your Honor.
16
Now,
theres a Form 11 questionnaire which your lawyer is
17
showing you right now.
18
the questions there?
19
Yes.
20
Are they the full,
21
truthful answers to those questions?
22
Yes,
23
Did you have the benefit of your lawyer assisting you whi
24
you made those answers?
25
Are those the answers,
complete,
your answers t
and accurate answers and
your Honor.
Yes.
WALTER J.
PERELLI,
C.S.R.,
NEWARK,

1
But theyre youre answers.
Yes.
All right.
Yes,
Do you understand by signing that form youre representin
to me again that those are your truthful,
accurate answers to those questions.
Yes,
All right.
10
11
Correct?
Did you sign that form?
your Honor.
complete,
and
Is that true?
your Honor.
THE COURT:
Mr.
Roberts,
you have that.
You can hol
it for now and hand it up later.
12
MR.
ROBERTS:
Thank you,
Judge.
13
BY THE COURT:
14
15
what it is that makes you guilty of this offense.
16
listen to the questions that will be asked of you by the U.S.
17
Attorney,
In order for me to accept a guilty plea,
I need to know
and Ill determine if I can accept your plea.
18
THE COURT:
19
MR.
RUGG:
Go ahead,
Mr.
Your Honor,
Rugg.
I may have missed it.
20
we get to the factual basis,
21
Defendant theres a limited waiver of appeal in the
22
stipulations?
23
THE COURT:
24
Oh,
25
All right.
WALTER J.
So please
Hold on.
paragraph 2.
PERELLI,
Before
would you mind just advising the
What paragraph is that?
Okay.
In paragraph 2 of the stipulations set
C.S.R.,
NEWARK,

1
forth in Schedule A,
to appeal.
have the right to appeal the sentence to a higher court for
review and reconsideration.
with the Government,
set forth by the language in paragraph 2 of Schedule A.
youre limiting whats called your right
What that means is,
after I sentence you,
By entering into this stipulatio
youre limiting that right to appeal as
THE DEFENDANT:
THE COURT:
10
Yes.
Did you go over that with your lawyer
before you agreed to it?
11
THE DEFENDANT:
12
THE COURT:
13
THE DEFENDANT:
14
THE COURT:
Okay.
15
All right.
Mr.
16
MR.
RUGG:
17
Mr.
Connolly,
18
you wou
Incorporated,
Yes.
And did you agree to it voluntarily?

Yes,
your Honor.
Thank you.
Rugg,
Thank you,
go ahead.
your Honor.
did you establish Connolly Properties,
in approximately 1997?
19
THE DEFENDANT:
20
MR.
RUGG:
Yes.
Were you the president of Connolly
21
Properties from the time you established it until its
22
termination in bankruptcy?
23
THE DEFENDANT:
24
MR.
25
apartment buildings?
WALTER J.
RUGG:
PERELLI,
Yes.
Did Connolly Properties,
C.S.R.,
Inc.
manage rent
NEWARK,

1
THE DEFENDANT:
MR.
RUGG:
Yes.
Beginning in the late
1990s,
did you
solicit investors to buy shares in companies that would own t
rental apartment buildings that Connolly Properties managed?
THE DEFENDANT:
MR.
e-mail,
RUGG:
Did you communicate with investors by mai
and telephone?
THE DEFENDANT:
MR.
10
RUGG:
proposed acquisition?
THE DEFENDANT:
12
MR.
RUGG:
potential investors?
THE DEFENDANT:
15
MR.
RUGG:
Yes.
Did each prospectus describe an investmen
opportunity related to a rental apartment building?
17
THE DEFENDANT:
18
MR.
19
Yes.
Did you distribute each prospectus to
14
16
Yes.
Did you prepare a prospectus for each
11
13
Yes.
RUGG:
Yes.
Did each prospectus describe the corporat
entity structure of the investment opportunity?
20
THE DEFENDANT:
21
MR.
RUGG:
Yes.
Did each prospectus represent that the
22
investment entity would be financially independent and
23
separately managed?
24
THE DEFENDANT:
25
MR.
WALTER J.
RTJGG:
PERELLI,
Yes.
Did each prospectus include projected
C,S.R.,
NEWARK,

1
financial results for the investment entity?
THE DEFENDANT:
MR.
RUGG:
Yes.
Did each prospectus inform investors that
you would use the revenue from the investment entity to pay t
mortgage and operating expenses of the real estate it owned,
and to pay distributions to the investors?
THE DEFENDANT:
MR.
RUGG:
Yes.
From at least early 2006,
did you know th
the revenue for many of the investment entities was not
10
sufficient to continue paying investor distributions as well
11
the mortgage and operating expenses?
12
THE DEFENDANT:
13
MR.
14
RUGG:
Did you continue to pay investor
distributions?
15
THE DEFENDANT:
16
MR.
17
Yes.
RUGG:
Yes.
Did you continue to pay yourself
distributions?
18
THE DEFENDANT:
19
MR.
RUGG:
Yes.
Did you continue to pay distributions as
20
well as mortgages and operating expenses leading to negative
21
cash flow in many of the investment entities?
22
THE DEFENDANT:
23
MR.
RUGG:
Yes.
Did you commingle revenues from the
24
investment entities in order to make up for that negative cas
25
flow?
WALTER J.
PERELLI,
C,S.R.,
NEWARK,

1
THE DEFENDANT:
MR.
RUGG:
Did you use revenues from one investment
entity to pay mortgages,
related to others
THE DEFENDANT:
MR.
expenses,
and investor distributions
other investment entities?
--
RUGG:
Yes.
Yes.
Did you commingle investor capital
contributions?
THE DEFENDANT:
MR.
RUGG:
Yes.
Did you use investor capital contribution
10
to pay mortgages,
11
to other investment entities?
expenses,
12
THE DEFENDANT:
13
MR.
RUGG
and investor distributions relate
Yes.
Did you conceal and misrepresent to
14
investors,
15
financial state of the investment entities,
16
at certain buildings,
17
certain investment entities?
in prospectuses and other communications,
the occupancy rat
and the capital reserves available to
18
THE DEFENDANT:
19
MR.
RUGG:
the
Yes.
In approximately May 2008,
did you prepar
20
and distribute a prospectus for a property known as Marshall
21
Woods?
22
THE DEFENDANT:
23
MR.
RUGG:
Yes.
In approximately November of 2008,
did yo
24
prepare and distribute a prospectus for a property known as
25
Hampshire Court?
WALTER J.
PERELLI,
C.S.R.,
NEWARK,

1
THE DEFENDANT:
MR.
RUGG:
Yes.
When you prepared and issued those
prospectuses,
had negative cash flow?
THE DEFENDANT:
MR.
did you know that many of the investment entiti
RUGG:
Yes.
Did you receive approximately $10 million
in capital contributions from investors in response to those
two prospectuses?
THE DEFENDANT:
10
MR.
RUGG:
Yes.
Did you use those capital contributions t
11
pay mortgages and operating expenses of other investment
12
entities and to pay investor distributions?
13
THE DEFENDANT:
14
MR.
RUGG:
Yes.
Did you attempt to conceal your
15
misappropriation of those capital contributions by giving the
16
investors part of your interest in Hillside Valley Trust and
17
Hillside Valley,
LLP?
18
THE DEFENDANT:
19
MR.
20
RUGG:
Yes.
Did you act knowingly and intentionally i
these acts?
21
THE DEFENDANT:
22
MR.
RUGG:
23
you are,
24
youre charged?
25
in fact,
Are you pleading guilty to Count 1 becaus

guilty of the securities fraud with which
THE DEFENDANT:
WALTER J.
PERELLI,
Yes.
Yes.
C.S.R.,
NEWARK,

1
MR.
RUGG:
On or about November 29th,
2007,
did you
transfer approximately $900,000 from a bank account ending in
4275,
a bank account ending in 6633
Properties,
known as the Connolly Properties Master Bank Account,

in the name of Connolly
Inc.?
THE DEFENDANT:
MR.
RUGG:
Yes.
Did you know that transfer contained mone
obtained from investors by fraud?
THE DEFENDANT:
10
MR.
RUGG:
11
you are,
12
youre charged?
in fact,
Yes.
Are you pleading guilty to Count 10 becau

guilty of the money laundering with which
13
THE DEFENDANT:
14
MR.
RUGG:
Yes.
Your Honor,
had the case proceeded to
15
trial,
16
beyond a reasonable doubt,
17
other competent evidence,
18
of securities fraud and of money laundering,
19
investment opportunity met the legal definition of
20
for the money laundering count,
21
activity,
22
States.
23
Connollys guilty plea and find a sufficient factual basis.
the United States would have been prepared to prove

testimony and
each of the elements of the charges

including that t
securitie
the specified unlawful
and that the transaction occurred in the United

The Government requests that the Court accept Mr.
24
THE COURT:
25
Mr.
WALTER J.
through documents,
All right.
Connolly,
PERELLI,
how do you plead to Count 1 of the
C.S.R.,
NEWARK,

1
Indictment:
Guilty or not guilty?
THE DEFENDANT:
THE COURT:
Guilty,
your Honor.
And Count 10 of the Indictment:
Guilty
not guilty?
THE DEFENDANT:
THE COURT:
Guilty,
All right.
your Honor.
Based upon your sworn answer
here in open court as well as your sworn answers to the Form
questionnaire,
the United States vs.
it is the finding of the Court,

David Connolly,
in the case of
that the Defendant is
10
fully competent and capable of entering an informed plea to
11
Counts 1 and 10 of the Indictment;
12
of the nature of the charges and the consequences of the plea
13
and that the plea of guilty is a knowing and voluntary plea
14
supported by an independent basis in fact containing each of
15
the essential elements of the offense.
16
accepted,
17
offense.
that the Defendant is awar
and the Defendant is now adjudged guilty of that
18
Do we have a sentencing date?
19
THE DEPUTY CLERK:
20
MR.
21
THE DEPUTY CLERK:
22
THE COURT:
ROBERTS:
continued on release
24
MR.
25
THE COURT:
RUGG:
PERELLI,
June 4th at 11 a.m.
Im sorry.
Could you repeat that?
June 4th.
No objection to the Defendant being
23
WALTER J.
It is therefore
--
conditions of release.
No objection,
All right.
C,S.R.,
Correct?
your Honor.
So ordered.
NEWARK,

1
MR.
RUGG:
MR.
ROBERTS:
THE COURT:
MS.
SCHWARTZ:
MR.
RUGG:
Thank you,
your Honor.
Thank you very much,

Thank you.
Thank you,
Your Honor,
Forfeiture signed by the Defendant.
the Court Deputy.
THE COURT:
your Honor.
I have a preliminary Order of
your Honor.
Im going to hand it up
Hand it up to the Court Clerk,
thats
fine.
10
MR.
11
THE COURT:
Thanks,
12
All right.
Were in recess.
13
ROBERTS:
I turned over the Rule 11.

Mr.
Roberts.
Thank you.
Thank you.
Thanks.
(Conclusion of proceedings.)
14
000oo
15
16
17
18
19
20
21
22
23
24
25
WALTER J.
PERELLI,
C.S.R.,
NEWARK,

Ponzi Schemer David Connolly's Guilty Plea Transcript

Hochgeladen von

Dokumentinformationen

Originaltitel

Copyright

Verfügbare Formate

Dieses Dokument teilen

Dokument teilen oder einbetten

Freigabeoptionen

Stufen Sie dieses Dokument als nützlich ein?

Sind diese Inhalte unangemessen?

Copyright:

Verfügbare Formate

Ponzi Schemer David Connolly's Guilty Plea Transcript

Hochgeladen von

Copyright:

Verfügbare Formate

Case 2:12-cv-02952-WJM-MF Document 20-3 Filed 03/10/14 Page 1 of 22 PageID: 118

Case 2:12-cv-02952-WJM-MF Document 20-3 Filed 03/10/14 Page 2 of 22 PageID: 119

IN THE UNITED STATES DISTRICT COURT

UNITED STATES OF AMERICA,

Newark, New Jersey

Pursuant to Section 753 Title 28 United States Code, the

WALTER J. PERELLI, CCR, CRR

OFFICIAL COURT REPORTER,

Case 2:12-cv-02952-WJM-MF Document 20-3 Filed 03/10/14 Page 3 of 22 PageID: 120

This is the matter of the United States vs.

Could I have appearances of counsel,

from the Saluti Law Group,

standing in for Mr.

Its my understanding Mr.

today to offer a plea of guilty to a plea agreement.

THE DEPUTY CLERK:

Could we have him sworn,

could you please stand.

THE DEPUTY CLERK:

Please state your name for the

EXAMINATION BY THE COURT:

please keep your voice up in

OFFICIAL COURT REPORTER,

Case 2:12-cv-02952-WJM-MF Document 20-3 Filed 03/10/14 Page 4 of 22 PageID: 121

How old are you,

And you understand and speak English.

Do you have any medical or psychiatric condition which

would interfere with your understanding me this morning?

Have you taken any medications or any alcohol to the exte

it would interfere with your understanding me?

You have an attorney,

satisfied with their services?

Do you have any objection to Mr.

of guilty to Count 1 and Count 10 of the Superseding Indictme

Defendant with what we call securities fraud,

federal law 15 U.S.C.

Roberts and Mr.

Youve gone over this with both Mr.

Roberts and Mr.

Its my understanding that youll be offering a p1

Is that your understanding?

Section 78(j) (b)

and 78(f) (f)

OFFICIAL COURT REPORTER,

Case 2:12-cv-02952-WJM-MF Document 20-3 Filed 03/10/14 Page 5 of 22 PageID: 122

statutes under which those charges are brought.

and Count 10 charges you with money

Do you understand that?

lawyers before today?

And did they thoroughly explain to you the nature of thos

charges in Counts 1 and Count 2?

THE DEPUTY CLERK:

Defendant charged with federal felonies,

the right to a jury trial.

Do you understand that by offering this plea here

youre giving up certain rights that you have as a

and most importantly

Do you understand that?

And that would be a trial in a courtroom like this in whi

12 citizens of the United States would be impaneled,

Government would have the burden of proving the case against

OFFICIAL COURT REPORTER,

Case 2:12-cv-02952-WJM-MF Document 20-3 Filed 03/10/14 Page 6 of 22 PageID: 123