1 1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION 2 3 UNITED STATES OF AMERICA 4 5 ) ) ) ) ) ) ) VS. 6 CHRISTOPHER W. OLIVER 7 8 9 10 11 NO. 4:17-CR-132-1 Houston, Texas 8:40 a.m. May 15, 2017 ******************************************************* RE-ARRAIGNMENT BEFORE THE HONORABLE VANESSA D. GILMORE UNITED STATES DISTRICT JUDGE ******************************************************* 12 APPEARANCES: 13 FOR THE GOVERNMENT: 14 15 16 17 18 19 20 21 22 23 24 Mr. Andrew Leuchtmann Ms. Julie N. Searle U.S. Attorney's Office 1000 Louisiana, Suite 2300 Houston, Texas 77002 Tel: 713-805-6517 FOR THE DEFENDANT: Ms. Genesis Elaine Draper Federal Public Defender 440 Louisiana, Suite 1350 Houston, Texas 77002 Tel: 713-718-4000 COURT REPORTER: Ms. Kathleen K. Miller, CSR, RMR, CRR 515 Rusk, Room 8004 Houston, Texas 77002 Tel: 713-250-5087 25 Proceedings recorded by mechanical stenography. Transcript produced by computer-assisted transcription. KATHYLEEN MILLER, RMR, CRR - kathy@miller-reporting.com 2 1 P R O C E E D I N G S 2 (Defendant present.) 3 THE COURT: Good morning, everybody. Please be 4 seated. 08:40:17 5 United States of America versus Chris Oliver. 6 For the United States? 7 MR. LEUCHTMANN: Andrew Leuchtmann and Julie 8 Searle for the United States, Your Honor. 9 08:40:27 MS. SEARLE: Good morning, Your Honor. 10 THE COURT: Who is going? Which one of 11 you-all? 08:40:34 12 MR. LEUCHTMANN: I will, Your Honor. 13 THE COURT: For the defendant, please? 14 MS. DRAPER: Good morning, Your Honor. Genesis 15 Draper for Mr. Christopher Oliver. 16 THE COURT: All right. Mr. Oliver, I 17 understand you wish to enter a plea of guilty in a case 18 that is now pending against you in this Court. Is that 19 correct, sir? 08:41:08 20 THE DEFENDANT: Yes, Your Honor. 21 THE COURT: Before I can take your plea, I need 22 to ask you some questions under oath. Would you raise your 23 right hand to be sworn, please. 24 (Defendant sworn.) 08:41:17 25 THE DEFENDANT: I do. KATHYLEEN MILLER, RMR, CRR - kathy@miller-reporting.com 3 1 THE COURT: You understand, sir, that you're 2 now under oath and that if you answer any of my questions 3 falsely that your answers can be used against you in 4 another prosecution for perjury, that is for telling a 08:41:31 08:41:36 08:41:43 5 false statement? 6 THE DEFENDANT: Yes, Your Honor. 7 THE COURT: State your full name, please. 8 THE DEFENDANT: Christopher Wayne Oliver. 9 THE COURT: How old are you. 10 THE DEFENDANT: I am 53. 11 THE COURT: How far did you go in school. 12 THE DEFENDANT: I went -- Bachelor's degree. 13 THE COURT: Pardon me? 14 THE DEFENDANT: Bachelor's degree. 15 THE COURT: Okay. Have you ever been treated 16 for any mental illness or addiction to narcotic drugs of 17 any kind? 08:41:52 18 THE DEFENDANT: No, Your Honor. 19 THE COURT: Are you currently under the 20 influence of any medication, alcoholic beverage, or 21 narcotic drug of any kind? 22 THE DEFENDANT: No, Your Honor. 23 THE COURT: Did you receive a copy of the 24 indictment, that is the charges that are pending against 08:42:01 25 you in this Court? KATHYLEEN MILLER, RMR, CRR - kathy@miller-reporting.com 4 1 THE DEFENDANT: Yes, Your Honor. 2 THE COURT: Did you have a chance to go over 3 those charges with your lawyer, Ms. Draper? 08:42:07 4 THE DEFENDANT: Yes, Your Honor. 5 THE COURT: Are you satisfied with the counsel 6 and representation that your lawyer has provided to you? 7 THE DEFENDANT: Yes, Your Honor. 8 THE COURT: Do you need any additional time to 9 speak with your lawyer this morning before I take the plea 08:42:17 10 of guilty? 11 THE DEFENDANT: No, Your Honor. 12 THE COURT: Ms. Draper, have you had sufficient 13 time to investigate the law and the facts concerning the 14 case against your client? 08:42:23 15 MS. DRAPER: Yes, Your Honor. 16 THE COURT: And has he been able to cooperate 17 with you in every way? 08:42:28 18 MS. DRAPER: Yes, Your Honor. 19 THE COURT: Do you believe that he understands 20 the nature of the charges pending against him? 21 MS. DRAPER: Yes, Your Honor. 22 THE COURT: Do you know of any reason why he 23 should not plead guilty, or any meritorious defenses he 24 might have? 08:42:36 25 THE DEFENDANT: No, Your Honor. KATHYLEEN MILLER, RMR, CRR - kathy@miller-reporting.com 5 1 THE COURT: Is there any plea agreement in this 2 case, Mr. Leuchtmann? 08:42:42 3 MR. LEUCHTMANN: Yes, Your Honor. 4 THE COURT: Would you state what section of 5 Rule 11 that has been filed under? 6 MR. LEUCHTMANN: 11(C)(1)(A) and (B), Your 7 Honor. 8 THE COURT: Would you state for the record the 9 terms of that plea agreement? 08:42:48 10 MR. LEUCHTMANN: Yes, Your Honor. The 11 defendant pleads guilty to Count 2 of the indictment, and 12 if he persists in that plea through sentencing and if the 13 Court accepts this plea, the United States will move to 14 dismiss any remaining counts of the indictment at the time 08:43:00 15 of sentencing. 16 At the time of sentencing the United 17 States agrees not to oppose defendant's anticipated request 18 to the Court, and the United States probation office that 19 he receive a two-level downward adjustment under 3E1.1(a) 08:43:13 20 of the sentencing guidelines, should the defendant accept 21 responsibility as contemplated by the guidelines. 22 If the defendant qualifies for an 23 adjustment under Sentencing Guideline 3E1.1(a) and the 24 defendant's offense level is 16 or greater, the United 08:43:29 25 States may move for an additional one level downward KATHYLEEN MILLER, RMR, CRR - kathy@miller-reporting.com 6 1 adjustment based on the timeliness of the plea, or the 2 expeditious manner in which the defendant provided complete 3 information regarding his role in the offense. 4 08:43:42 And, finally, the United States will not 5 seek a loss amount in excess of $250,000, pursuant to 6 United States Sentencing Guidelines Section 2B1.1(b)1. 7 THE COURT: All right. Mr. Oliver, are those 8 the terms of your plea agreement with the government as you 9 understand them? 08:43:55 10 THE DEFENDANT: Yes, Your Honor. 11 THE COURT: Did anybody make any different 12 promise or assurance to you of any kind to induce you to 13 enter into this plea of guilty? 08:44:02 14 THE DEFENDANT: No, Your Honor. 15 THE COURT: Did anybody force you to enter a 16 plea of guilty? 17 THE DEFENDANT: No, Your Honor. 18 THE COURT: Do you understand that other than 19 the government's agreement to dismiss certain counts, that 08:44:10 20 the remaining terms of the plea agreement are really 21 recommendations to the Court, and that I can reject those 22 recommendations without permitting you to withdraw your 23 plea of guilty or impose a sentence -- and impose a 24 sentence that might be more severe than you anticipated? 08:44:22 25 THE DEFENDANT: Yes, Your Honor. KATHYLEEN MILLER, RMR, CRR - kathy@miller-reporting.com 7 1 THE COURT: Do you understand that the offense 2 to which you have indicated you wish to plead guilty is a 3 felony offense, and that if your plea is accepted and you 4 are adjudged guilty of that offense that that adjudication 08:44:35 5 may deprive you of valuable civil rights such as the right 6 to vote, the right to hold public office, the right to 7 serve on a jury, or the right to possess a firearm of any 8 kind? 9 08:44:46 THE DEFENDANT: Yes, Your Honor. 10 THE COURT: The maximum possible penalty 11 provided by law regarding the crime to which you have 12 indicated you wish to plead guilty is not more than ten 13 years imprisonment and a fine of not more than $250,000. 14 Do you understand, sir? 08:45:11 15 THE DEFENDANT: Yes, Your Honor. 16 THE COURT: Do you understand that the Court 17 can also impose a period of supervised release following 18 any term of imprisonment of up to three years, and that if 19 you violate any of the terms or conditions of supervised 08:45:24 20 release that might be imposed as part of your sentence, 21 then you can be imprisoned for up to two years without 22 credit for the time already served before that violation 23 occurred? 08:45:33 24 THE DEFENDANT: Yes, Your Honor. 25 THE COURT: You understand that you cannot be KATHYLEEN MILLER, RMR, CRR - kathy@miller-reporting.com 8 1 placed on probation and have the imposition or execution of 2 your sentence suspended and that you are not eligible for 3 parole? 08:45:43 4 THE DEFENDANT: Yes, Your Honor. 5 THE COURT: You understand for each offense you 6 must pay a special assessment of $100 in this case? That 7 would be $100 for the one count of conviction. 08:45:56 8 THE DEFENDANT: Yes, Your Honor. 9 THE COURT: The Sentencing Commission has 10 issued advisory guidelines for judges to help us determine 11 the appropriate sentence in a criminal case. Have you had 12 a chance to talk to your lawyer about how the sentencing 13 guidelines might work in your case? 08:46:13 14 THE DEFENDANT: Yes, Your Honor, I have. 15 THE COURT: Do you understand that I won't be 16 able to determine the appropriate sentence for your case 17 until after a presentence investigation report has been 18 prepared and you and your lawyer and the lawyer for the 19 United States have a chance to review that report and the 08:46:27 20 objections to that report that you might want to make? 21 THE DEFENDANT: Yes, Your Honor. 22 THE COURT: You understand that the sentence 23 that I impose might be different from any estimate that 24 your lawyer may have given to you? 08:46:36 25 THE DEFENDANT: Yes, Your Honor. KATHYLEEN MILLER, RMR, CRR - kathy@miller-reporting.com 9 1 THE COURT: You understand that after it has 2 been determined what guideline applies in this case that I 3 have the authority to impose a sentence that is more severe 4 or less severe than what is called for under the 08:46:47 5 guidelines? 6 THE DEFENDANT: Yes, Your Honor. 7 THE COURT: Do you understand that -- that 8 under some circumstances you or the government might have 9 the right to appeal any sentence that I impose? 08:47:05 10 THE DEFENDANT: Yes, Your Honor. 11 THE COURT: Do you understand that parole has 12 been abolished in the federal system and that if you are 13 sentenced to prison, you will not be released on parole. 08:47:14 14 THE DEFENDANT: Yes, Your Honor. 15 THE COURT: Do you understand that if I do not 16 accept the sentencing recommendation and your plea 17 agreement that you will still be bound by your plea and you 18 will have no right to withdraw it? 08:47:22 19 THE DEFENDANT: Yes, Your Honor. 20 THE COURT: Do you understand that you have the 21 right to plead not guilty to the offense charged against 22 you, and to persist in that plea; and if you do so, you 23 would have a right to trial by jury, and at that trial you 24 would be presumed to be innocent and the government would 08:47:33 25 have to prove your guilt beyond a reasonable doubt; and you KATHYLEEN MILLER, RMR, CRR - kathy@miller-reporting.com 10 1 would have the right to the assistance of your counsel for 2 your defense; and the right to see and hear all witnesses, 3 and have them cross-examined by your defense; and the right 4 on your part to decline to testify, unless you voluntarily 08:47:51 5 elected to do so, in your own defense; and the right to 6 issuance of subpoenas and other compulsory process to 7 compel the attendance of witnesses to testify in your 8 defense; and if you decided not to testify, or put on any 9 evidence at all that that fact could not be used against 08:48:04 10 you in trial? 11 THE DEFENDANT: Yes, Your Honor. 12 THE COURT: Do you understand that by entering 13 a plea of guilty that if that plea is accepted by this 14 Court that there will be no trial by jury and you will have 08:48:12 15 waived, or given up, the right to trial by jury and all of 16 the other rights associated with the trial by jury that I 17 have just described to you? 08:48:21 18 THE DEFENDANT: Yes, Your Honor. 19 THE COURT: The charge to which you have 20 indicated you wish to plead guilty is under Count 2 of the 21 indictment. I am striking that previous pleading off the 22 record so that there is no indication of that previous in 23 the status sheet that you guys filed on Friday, the 24 previous one. 08:48:37 25 MR. LEUCHTMANN: Thank you, Your Honor. KATHYLEEN MILLER, RMR, CRR - kathy@miller-reporting.com 11 1 THE COURT: All right. 2 MR. LEUCHTMANN: Thank you. 3 THE COURT: Looks like that was a total 4 screw-up. 08:48:42 5 MR. LEUCHTMANN: Thank you. I sincerely 6 appreciate it. 7 THE COURT: Byron, just take that off the 8 docket sheet completely. 9 08:48:48 CASE MANAGER: Yes, Your Honor. 10 THE COURT: I don't want that on the docket 11 sheet. 12 Count 2, bribery concerning programs 13 receiving federal funds, the elements of which are: That 14 you were an agent of the Houston Community College; that 08:49:01 15 the Houston Community College was an organization that 16 received in any one-year period benefits in excess of 17 $10,000 under a federal program involving a grant; that you 18 corruptly solicited, accepted and agreed to accept anything 19 of value from any person with the intent to be influenced 08:49:19 20 and rewarded in connection with any business of HCC and 21 that the business transaction and series of transactions 22 involved anything of value of $5,000 or more. 23 Do you understand what the government is 24 claiming that you have done to violate the law, sir? 08:49:33 25 THE DEFENDANT: Yes, Your Honor. KATHYLEEN MILLER, RMR, CRR - kathy@miller-reporting.com 12 1 THE COURT: And did you commit this crime? 2 THE DEFENDANT: Yes, Your Honor. 3 THE COURT: All right. Mr. Leuchtmann, would 4 you please make a representation concerning the facts that 08:49:45 5 the government would be prepared to prove if this case were 6 to proceed to trial? 7 MR. LEUCHTMANN: Yes, Your Honor. If this case 8 were to proceed to trial, the following facts, among 9 others, would be offered to establish the defendant's 08:49:55 10 guilt. 11 From May '15 through May 2016, Chris 12 Oliver held the position of District 9 Trustee for Houston 13 Community College. In his capacity as District 9 Trustee, 14 Mr. Oliver was an agent of HCC, and that by voting on 08:50:10 15 contracts over $50,000 he was authorized to act on behalf 16 of HCC with respect to its funds. 17 In his capacity as District 9 trustee, he 18 also qualified as an elected public official. Houston 19 Community College receives well in excess of $10,000 per 08:50:26 20 year in federal funding including the time period that 21 stretched between May 2015 and May 2016. 22 On May 29th, 2015, Oliver and KS met at a 23 restaurant in the Southern District of Texas. Oliver 24 repeatedly asked KS if he was working on behalf of law 08:50:43 25 enforcement. Oliver and KS discussed how Oliver had helped KATHYLEEN MILLER, RMR, CRR - kathy@miller-reporting.com 13 1 KS secure business with HCC in the past, and how he could 2 do so again in future endeavors. Oliver and KS then agreed 3 that KS would pay Oliver approximately $2,500 per month 4 based on what he had paid him in the past. 08:51:01 5 On June 2nd, 2015, Oliver and KS met at a 6 coffee shop in the Southern District of Texas. KS paid 7 Oliver $2,500 cash in an envelope. Oliver told KS that if 8 he found a contract to bid on and a certified company, he 9 would make him a millionaire. 08:51:18 10 On July 7th, 2015, Oliver and KS met at a 11 restaurant in the Southern District of Texas. KS paid 12 Oliver $2,500 cash in an envelope. Oliver provided KS with 13 a list of the various contracts at HCC and implied that if 14 he asked, he would deny all knowledge of how KS got the 08:51:36 15 list. 16 On August 7th, 2015, Oliver and KS met at 17 a coffee shop in the Southern District of Texas. KS paid 18 Oliver $2,000 cash in an envelope as well as a $500 Visa 19 gift card. Oliver discussed voting on contracts that 08:51:52 20 Sirama was competing for stating, "Unless you say 21 something, I won't be voting for it. If I vote, it is 22 going to stick." 23 On November 19th, 2015, Oliver and KS met 24 at a coffee shop in the Southern District of Texas. KS 08:52:06 25 stated that he had found a company to use in order to bid KATHYLEEN MILLER, RMR, CRR - kathy@miller-reporting.com 14 1 on a pest control contract at HCC. Oliver discussed 2 exerting his influence at HCC in order to move the company 3 up the bid list so that they would have a better chance at 4 securing the contract. KS paid Oliver $1,000 cash in an 08:52:22 5 envelope and a $500 Visa gift card. 6 On February 3rd, 2016, Oliver and KS met 7 at a coffee shop in the Southern District of Texas. Oliver 8 complained to KS about not getting enough money. Oliver 9 claimed he kept the contract off the agenda so he could 08:52:39 10 convince the board to vote on the basis of best value as 11 opposed to lowest bid so that KS's company would win the 12 contract. KS paid Oliver $1,100 cash and a $400 gift card. 13 Oliver and KS met three more times in the 14 Southern District of Texas. During those meetings, which 08:52:56 15 took place on April 8th, May 11th, and May 13th of 2016, 16 Oliver continued to insist that he had delayed the bidding 17 process and that he would convince the board to vote on the 18 basis of best value rather than lowest bid, while 19 simultaneously soliciting payment from KS for his efforts. 08:53:15 20 When KS told him that the company he was using to bid on 21 the pest control contract was not willing to pay him 22 anymore money without some results, Oliver ended the 23 relationship. 24 08:53:27 THE COURT: Mr. Oliver, you have heard the 25 facts that the government has indicated it would be KATHYLEEN MILLER, RMR, CRR - kathy@miller-reporting.com 15 1 prepared to prove against you if this case were to proceed 2 to trial. Having heard those facts, sir, how do you now 3 plead to the charges pending against you, guilty or not 4 guilty, sir? 08:53:38 5 THE DEFENDANT: Guilty, Your Honor. 6 THE COURT: Are you ready to sign the plea 7 agreement under oath at this time? 8 THE DEFENDANT: Yes, Your Honor. 9 (Document executed. ) 08:54:57 10 CASE MANAGER: Sir, can you raise your hand? 11 Do you solemnly swear that you have read and understand 12 your plea agreement, and that you willingly signed the plea 13 agreement at this time, so help you God? 08:55:07 14 THE WITNESS: So help me God. 15 THE COURT: It is the finding of this Court 16 that in the case of the United States of America versus 17 Christopher Oliver that the defendant is fully competent 18 and capable of entering an informed plea, that the 19 defendant is aware of the nature of the charges and the 08:55:18 20 consequences of his plea, that his plea of guilty is a 21 knowing and voluntary plea supported by an independent 22 basis in fact containing each of the essential elements of 23 the offense. This plea is therefore accepted and the 24 defendant is now adjudged guilty of the offense charged in 08:55:31 25 Count 2 of the indictment. KATHYLEEN MILLER, RMR, CRR - kathy@miller-reporting.com 16 1 The Court orders that a presentence 2 investigation report be prepared. By July 10, 2017, the 3 initial report should be disclosed to counsel. By July 31, 4 2017, counsel should object in writing or state that there 08:55:44 5 is no objection. By August 21, 2017, the probation officer 6 should submit to the Court a final presentence report with 7 an addendum addressing any contested issues. 8 Sentencing is set for August 28th, 2017, 9 at 9:30 a.m. Ms. Draper, if you want to be present with 08:56:36 10 your client for his interview, please let probation know 11 today that you will attend. 08:56:44 12 MS. DRAPER: Yes, Your Honor. 13 THE COURT: Anything else? 14 MR. LEUCHTMANN: One more thing, Your Honor. 15 There is, of course, the potential 5K language in the plea 16 agreement and the possibility of cooperation, further 17 cooperation by the defendant. 08:56:56 18 THE COURT: There is? 19 MR. LEUCHTMANN: Yes. I believe there is. 20 THE COURT: It just wasn't written on the 21 sentence data sheet. I didn't even admonish him on that 22 because you didn't put it in the sentence data sheet. 23 MR. LEUCHTMANN: I'm sorry, Your Honor, I 24 didn't know that was one of the elements you needed since 08:57:09 25 the 5K is only a potential and not a definite thing that KATHYLEEN MILLER, RMR, CRR - kathy@miller-reporting.com 17 1 will happen. 2 THE COURT: Well, I have to admonish him on 3 that. 08:57:13 4 MR. LEUCHTMANN: Okay, Your Honor. 5 THE COURT: If there is even a 5K potential out 6 there, that is one of the admonishments. Y'all just 7 completely screwed up the sentence data sheet this time, 8 huh? 9 08:57:24 MR. LEUCHTMANN: My humble apologies for 10 anything I left out. 11 THE COURT: Mr. Oliver, I need to give you one 12 more admonishment based on what the United States has just 13 said to me. 14 08:57:31 You understand that even though you have 15 an agreement to cooperate with the government, that they 16 might still decide that you have not substantially assisted 17 them and that they might not ask the Court to impose a 18 lighter sentence, based on a -- based on Section 5K of the 19 sentencing guidelines, that it is up to them ultimately to 08:57:54 20 determine whether or not you provided substantial 21 assistance? You understand that? 22 THE DEFENDANT: Yes, Your Honor. 23 THE COURT: Okay. Now, I have got to give you 24 the admonishment. 08:58:02 25 MR. LEUCHTMANN: Okay, Your Honor. KATHYLEEN MILLER, RMR, CRR - kathy@miller-reporting.com 18 1 THE COURT: So you are supposed to tell me if 2 there is a potential for a 5K. 3 MR. LEUCHTMANN: My humble apologies, Your 4 Honor, that's why I wanted to mention it before we went 08:58:11 5 anywhere. 6 THE COURT: And I took that -- Ms. Draper, we 7 are taking that other sentence data sheet off of the 8 docket -9 08:58:17 10 MS. DRAPER: Thank you, Your Honor. THE COURT: -- so there is not any confusion 11 about what is going on. I don't want that on the -- on the 12 docket sheet. So that will be gone. 13 08:58:28 Anything else, then? 14 MR. LEUCHTMANN: That's it. 15 THE COURT: More surprises? 16 MR. LEUCHTMANN: Both parties wanted to ask 17 pursuant to that potential cooperation that the case remain 18 under seal until his sentencing. 19 08:58:37 THE COURT: Okay. And the defendant is on 20 bond. Where is my bond paperwork, Byron? Do I have -21 CASE MANAGER: Yes, Your Honor, you should have 22 it. 23 THE COURT: Where is it? I don't see it in 24 here. Do you have it? Looks like it is Number 12, Byron. 08:59:33 25 Do you see it? KATHYLEEN MILLER, RMR, CRR - kathy@miller-reporting.com 19 1 CASE MANAGER: Yes, Your Honor. 2 THE COURT: All right. The defendant is on 3 bond, $25,000 unsecured bond. Does the United States have 4 any objection to the defendant remaining on bond pending 09:00:14 5 sentencing? 6 MR. LEUCHTMANN: No, Your Honor. 7 THE COURT: Mr. Oliver, have you had any new 8 law violations since you have been on a bond, since -- when 9 was this? March of 2017? 09:00:25 10 THE DEFENDANT: No, Your Honor. 11 THE COURT: Have you missed any appointments 12 with your pretrial officer? 09:00:31 13 THE DEFENDANT: No, Your Honor. 14 THE COURT: Are you working? 15 THE DEFENDANT: Yes, Your Honor. 16 THE COURT: What are you doing? 17 THE DEFENDANT: I do construction -- 18 construction final cleans, which is construction 19 make-readies. 09:00:39 20 THE COURT: I'm sorry, I literally didn't -- 21 don't lean over to the mic. I could not understand you. 22 THE DEFENDANT: I'm sorry. I make construction 23 final cleans. We do final cleans, which is really 24 construction make-readies. 09:00:49 25 THE COURT: "Fido" cleans? Is that what you -KATHYLEEN MILLER, RMR, CRR - kathy@miller-reporting.com 20 09:00:56 1 THE DEFENDANT: Final cleans. Final cleans. 2 THE COURT: Final cleans? 3 THE DEFENDANT: Yes. 4 THE COURT: All right. 5 THE DEFENDANT: Kind of janitorial. 6 THE COURT: Okay. All right. Then you will 7 remain on the same bond, same conditions of release. Your 8 lawyer will let you know when you're supposed to be in 9 court again. All right? 09:01:09 10 THE DEFENDANT: Yes, ma'am. Yes, Your Honor. 11 THE COURT: Okay. And the -- Byron, the -- and 12 that one is already filed under seal or what? 13 CASE MANAGER: The whole case is sealed, Your 14 Honor. It is not visible on the docket publicly. 09:01:26 15 THE COURT: Oh, I see. Okay. All right. 16 Okay. Thank you. 17 MS. SEARLE: Your Honor, just on the motion to 18 seal part, I think right now the -- the order that I think 19 is in place right now, it -- the -- expires in about a 09:01:42 20 week's time, where it would -21 THE COURT: It does? The order? 22 MS. SEARLE: Yes, Your Honor, because we -- 23 THE COURT: What order is it? Hold on. Let me 24 find it. Sealed financial affidavit. Where is the order 09:01:52 25 for seal? What instrument number is it? KATHYLEEN MILLER, RMR, CRR - kathy@miller-reporting.com 21 1 MS. SEARLE: I don't know off the top of my 2 head, Your Honor, but I do remember when we asked to have 3 it sealed. 09:02:04 4 CASE MANAGER: 16. 5 THE COURT: Print it off for me. 6 MS. SEARLE: I believe -- 7 THE COURT: Why would it only be sealed for a 8 period of time? 9 09:02:08 MS. SEARLE: Well, at that time, Your Honor, we 10 only asked for 30 days because we were uncertain of what 11 Mr. Oliver's decision was going to be. And so, Your Honor, 12 we're happy to either -- however the Court would like for 13 us to proceed. Maybe we could file a joint motion asking 14 for the case to continue being sealed since he is now 09:02:25 15 cooperating with the United States. But that is my 16 concern, Your Honor. 17 THE COURT: This just says that the criminal 18 indictment is under seal, not that the file is under seal. 19 Byron, why did you say that it said the file was under 09:02:41 20 seal? It just says the indictment is under seal. 21 CASE MANAGER: Well, the whole case is sealed, 22 Your Honor. 09:02:50 23 THE COURT: Based on this order? 24 CASE MANAGER: No, based on its opening. It 25 was opened sealed. KATHYLEEN MILLER, RMR, CRR - kathy@miller-reporting.com 22 1 THE COURT: It was opened as a sealed case? 2 MS. SEARLE: Correct, Your Honor. 3 THE COURT: So there is nothing that would 4 change that. This just says that the indictment remains 09:02:57 5 under seal. So is it still listed as a sealed case? 6 CASE MANAGER: It's a sealed case, Your Honor. 7 THE COURT: So that is not by any order of the 8 Court. Did you file it as a sealed case? 9 09:03:08 09:03:16 MS. SEARLE: Yes. 10 MR. LEUCHTMANN: Yes. 11 MS. DRAPER: So just for -- 12 THE COURT: There is nothing else I have to do. 13 MS. SEARLE: That's what we're asking. 14 THE COURT: I mean, you filed it as a sealed 15 case? 16 MR. LEUCHTMANN: Yes, we filed it under seal. 17 THE COURT: Okay. Why do you-all keep filing 18 motions to seal the indictment? What does that even mean? 19 I mean, why are you just doing the motions to seal the 09:04:09 20 indictment? 21 MR. LEUCHTMANN: I think that's all we had 22 filed at that point in the case. If there is some -- if 23 there is some broader language we could use, then we will 24 be glad to. 09:04:19 25 THE COURT: It's just a question. I mean, I KATHYLEEN MILLER, RMR, CRR - kathy@miller-reporting.com 23 1 keep looking at all these orders, and all of these are 2 orders to seal the indictment; but it doesn't matter if the 3 case is filed and it is filed as a sealed case. So it is 4 still in place right, Byron? 09:04:31 5 CASE MANAGER: Yes, Your Honor. 6 THE COURT: All right. Thank you, guys. 7 MR. LEUCHTMANN: Thank you, Your Honor. 8 MS. DRAPER: Thank you, Your Honor. 9 (Concluded at 9:04 a.m.) 10 COURT REPORTER'S CERTIFICATE 11 12 I, Kathleen K. Miller, certify that the foregoing is a 13 correct transcript from the record of proceedings in the 14 above-entitled matter. 15 16 17 DATE: July 27, 2017 /s/______________________________ Kathleen K. Miller, RPR, RMR, CRR 18 19 20 21 22 23 24 25 KATHYLEEN MILLER, RMR, CRR - kathy@miller-reporting.com