Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.310 Page 1 of 66 1 2 3 4 5 6 7 8 9 DAVID D. LESHNER Attorney for the United States Acting under Title 28, U.S.C. Section 515 EMILY W. ALLEN (Cal. Bar No. 234961) W. MARK CONOVER (Cal. Bar No. 236090) PHILLIP L.B. HALPERN (Cal. Bar No. 133370) BRADLEY G. SILVERMAN (D.C. Bar No. 1531664) Assistant United States Attorneys U.S. Attorney’s Office 880 Front Street, Room 6293 San Diego, CA 92101 Telephone: (619) 546-6345 Email: bradley.silverman@usdoj.gov 10 Attorneys for the United States 11 UNITED STATES DISTRICT COURT 12 SOUTHERN DISTRICT OF CALIFORNIA 13 14 UNITED STATES OF AMERICA, 15 Plaintiff, 16 17 18 19 20 v. Case No. 18CR3677(1)-W MOTION TO ADMIT COCONSPIRATOR STATEMENTS AND SPOUSAL TESTIMONY DUNCAN D. HUNTER, Defendant. At trial, the United States will offer statements by coconspirator Margaret Hunter and 21 conversations between coconspirators Margaret Hunter and defendant Duncan D. Hunter. 22 These statements, made during and in furtherance of the charged conspiracy to convert 23 campaign funds to personal use, are admissible under Federal Rule of Evidence 801(d)(2)(E) 24 and are not subject to any valid claim of privilege. Moreover, Margaret Hunter may testify 25 about these conversations or other aspects of their joint criminal activity. Margaret Hunter is 26 free to waive her spousal testimonial privilege, and her trial testimony about their joint 27 criminal activity is admissible. 28 1 Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.311 Page 2 of 66 1 I. 2 STATEMENT OF FACTS 3 Defendant Duncan D. Hunter (“Hunter” or “the defendant”) is charged with conspiring 4 with his wife, Margaret Hunter, to convert campaign funds to their own personal use and 5 benefit, in violation of 18 U.S.C. § 371, and other related crimes. Indictment ¶¶ 18–22. 6 Throughout the conspiracy, Duncan and Margaret Hunter1 each provided false explanations 7 and justifications to their campaign staff; took steps to conceal and disguise their improper 8 expenditures; and made a host of other statements to third parties in furtherance of the 9 conspiracy. In addition, Duncan and Margaret, amongst themselves, discussed their campaign 10 and personal finances in general as well as many of the specific expenditures made using 11 campaign funds. These statements came in many forms: in-person communications, phone 12 calls, text messages, email correspondence, and other means.2 All of these statements are 13 admissible coconspirator statements that fall under the crime-fraud exception to the marital 14 communications privilege. 15 A. The Hunters Encouraged and Assisted One Another’s Embezzlement 16 Over the course of the conspiracy, the Hunters regularly encouraged one another to 17 embezzle campaign funds to make purchases of a purely personal nature, and aided one 18 another’s thefts. Examples of these discussions abound; the following illustrations 19 demonstrate the type of evidence to be adduced at trial. 20 1. The steaks. On December 27, 2013, while Duncan was home in San Diego 21 for Christmas, the Hunters planned to host two friends at their home for dinner. That day, 22 Margaret spent $130 in personal funds at the grocery store. Exhibit 1 (credit card statement). 23 24 25 1 To aid the reader and avoid confusion, throughout the Statement of Facts the Hunters may be referred to separately as “Duncan” and “Margaret,” rather than using their last names. 2 Evidence of the specific examples cited in this motion are attached as exhibits, but this 26 is not an exhaustive set of each and every coconspirator statement or conversation between the spouses the United States will present at trial. The attached evidence is provided to allow 27 the Court a sufficient basis to rule based on the legal principles set forth below. 28 2 Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.312 Page 3 of 66 1 But Duncan texted Margaret that afternoon to let her know that their friend had invited two 2 more couples over for dinner as well. Margaret was frustrated: “I did not buy steaks for 8 3 adults!” She told Duncan to “buy steaks and [c]all it campaign then[.]” Exhibit 2 (text 4 exchange).3 5 2. The Hawaii shorts. On March 20, 2015, after a morning golf outing with 6 friends, Duncan went shopping at Lululemon to outfit himself for the family’s upcoming 7 Hawaii vacation. He texted Margaret, “Does my card work babe? I need $[.]” Margaret 8 responded, “no doesn’t. Take out petty cash up to $100 off your work card.” She gave him 9 the campaign card’s PIN. “[T]oday needs to be work day,” she said, then added, “we used to 10 do petty cash all the time with [the former campaign treasurer] it was great.” Duncan 11 responded, “No. I’m going to buy my Hawaii shorts . . . I need my $ babe[.]” Margaret warned 12 Duncan that their personal cards “won’t work till tomorrow[.]” Then, likely thinking that 13 Duncan was still at the golf course, Margaret suggested that he “do a small pro shop purchase 14 with your work card[.] [G]et some balls for the wounded warriors[.]” Exhibit 3 (text 15 exchange). In this way, Margaret knew, the improper purchase could be disguised as a 16 legitimate campaign expense. But unbeknownst to Margaret at the time, Duncan had already 17 left the golf course, so he could not do his shopping at the pro shop. Thus stuck, Duncan used 18 his personal card for a $95 purchase at Lululemon. Exhibit 4 (credit card statement). 19 That same evening, the Hunters hosted their good friends from out of town at their home 20 for dinner. Knowing that they did not have sufficient personal funds to pay for the dinner, 21 Duncan gave Margaret his campaign credit card to use at the grocery store. See Margaret 22 Hunter Plea Agreement, p.9 (Doc. No. 34). She used the campaign card to buy $99 worth of 23 family groceries (including asparagus, bananas, butter, angel food cake and whipped cream, 24 3 In their original form, these text message communications are part of a voluminous 25 data set that does not easily show the natural progression of a text conversation. The data also 26 includes metadata and hard-to-decipher time stamps set to Coordinated Universal Time. To aid the Court’s review, and to present this voluminous evidence such that it can be 27 conveniently examined in court, the United States has prepared summary charts of the relevant 28 correspondence. See Fed. R. Evid. 1006. Those summaries are used as exhibits to this motion. 3 Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.313 Page 4 of 66 1 ice cream, and a $35 bag of dog food) and take $100 cash back. Exhibit 5 (grocery receipt). 2 A photo recovered from the Hunters’ electronic devices shows their out of town guests 3 enjoying the angel food cake later that evening. 4 3. The iMac. On September 15, 2015, Duncan visited the Fashion Valley 5 Apple Store to buy a new iMac computer and some accessories. Although evidence suggests 6 the computer was used by one of the Hunters’ children, Duncan nevertheless used campaign 7 funds for the purchase. The bill came to $2,503, but due to the card’s spending limit Duncan 8 was able to put only $2,000 on his campaign card. Exhibit 6 (Apple Store receipt). To cover 9 the rest, he had to use his personal debit card. He texted Margaret to ask about the campaign 10 card’s spending limit. Exhibit 7 (text exchange). Phone records show that they spoke on the 11 phone for a minute or two just before and again after the 2:32 pm purchase. Margaret texted 12 him three minutes after the transaction, “pls send me personal portion right away need to get 13 it back from [the campaign treasurer] asap[.]” Exh. 7. At Margaret’s urgent request, then, the 14 treasurer reimbursed the Hunters for that portion of the iMac purchase the next day. Exhibit 8 15 (reimbursement request), Exhibit 9 (bank statement). 16 4. The golf money. On September 29, 2015, when he was back in 17 Washington, Duncan got up early to play golf. He texted his golf buddy that he was planning 18 to stop on the way for cigarettes and to withdraw cash. Exhibit 10 (text exchange). But as he 19 reported to Margaret later, “I tried to get money out for golf and insufficient funds. I hate 20 when that happens[.]” Margaret told him, “You need to use camp [campaign] card take the 21 $40 or whatever it costs[.]” She again gave him the campaign card’s PIN, and offered to 22 “make a receipt for it.” Exhibit 11 (text exchange). It is clear that Margaret was suggesting 23 that she could make a receipt to justify the $40 expense to the campaign treasurer. 24 B. The Hunters Worked Together to Conceal Their Embezzlement 25 The Hunters not only discussed the embezzlement they planned to commit, but worked 26 together to prevent their thefts from being uncovered. In March 2015, for example, the 27 Hunters set off on a Hawaiian vacation to celebrate Margaret’s birthday. Margaret used the 28 campaign card to pay for Duncan’s plane ticket, and financed a portion of the rest of the 4 Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.314 Page 5 of 66 1 family’s trip using credits from a canceled flight (also belonging to the campaign). Exhibit 12 2 (airline credits “used for Hawaii”). She texted Duncan, “I had certificates from a prev 3 cancelled flight so our tickets were only $820 total!!!” Exhibit 13 (text exchange). She also 4 used campaign funds to pay charges on two separate days at the Aston Kaanapali Shores, the 5 Hawaii resort where the family stayed—one totaling $1,128, the other for $5,160. Exhibit 14 6 (campaign bank records). Just days after the Hunters returned home, the treasurer asked 7 Margaret about the $1,128 charge so that he could account for it in the campaign’s upcoming 8 FEC report. Exhibit 15 (email between Margaret and treasurer). In response, Margaret falsely 9 reported that the trip was intended to include a fundraiser, which they later cancelled; she 10 offered to reimburse the campaign. Id. The charge surprised Margaret by appearing on the 11 campaign’s bank records under the resort’s name, rather than the more innocuous-sounding 12 “Expedia.” Exh. 14. Realizing she had been caught, Margaret emailed Duncan to discuss how 13 to manage the situation. “The hotel charges actually show up under Expedia not Aston 14 kaanapali shores[,]” Margaret said, and had to be “paid back by end of June[.]” Exhibit 16 15 (email between Duncan and Margaret). Duncan—knowing they had paid the hotel bill with 16 campaign funds—responded, “[t]hat gives us a few months[.]” Id. A few days later, the 17 treasurer prepared their quarterly public disclosure with the Federal Election Commission 18 (“FEC”) accurately describing the $1,128 charge as a payment to “Aston Kaanapali Shores.” 19 Exhibit 17 (email between Margaret and treasurer, with draft FEC report excerpt). After 20 reviewing the draft, Margaret asked to change the description from “Aston Kaanapali” in 21 Lahaina, Hawaii to the more innocuous-sounding “Expedia” in Bellevue Washington (where 22 Expedia is headquartered). Exhibit 18 (email between Margaret and treasurer). By that time, 23 the treasurer had already filed the report, so an amended report was filed. Id.; Exhibit 19 24 (excerpt of amended FEC report). 25 C. The Hunters Discussed their Campaign and Personal Finances 26 As set forth in the indictment and described in more detail in a separate motion, 27 throughout the conspiracy the Hunters faced difficult financial circumstances. Their access to 28 personal funds was limited, and as a result, they incurred thousands of dollars in overdraft 5 Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.315 Page 6 of 66 1 fees. To give just one example, on October 30, 2013, Duncan texted Margaret to ask, if he 2 used their personal credit card to buy cigarettes, “will that cost $30?”—i.e., would they incur 3 another insufficient funds fee from the bank. Exhibit 20 (text exchange). He also suffered 4 embarrassment when their personal cards were declined for routine purchases. On March 17, 5 2015, for example, as Duncan later recounted to Margaret, his personal card was declined for 6 a $2.45 charge at the cafeteria, when he was in a “big line” and, presumably, seen by his peers 7 at the House Office Building. Exhibit 21 (text exchange). 8 To avoid these costs and embarrassments, the Hunters would communicate alerts to one 9 another when their personal balances were low and they needed to use campaign funds for 10 personal purchases. For example, on September 19, 2013, Duncan reported to Margaret that 11 his personal debit card declined while he was trying to make a purchase at a liquor store. He 12 texted Margaret, “My card just declined[.]” She responded, “Well sorry didn’t know you’d 13 need before getting cash this weekend,” and said that she had “texted you that I[’]d have cash 14 for you when home[.]” Duncan replied, “I didn’t know that you saying I’d have cash at home 15 meant don’t use the card. Should’ve just said don’t use the card.” Margaret apologized, and 16 Duncan reassured her, “no biggie.” Margaret told Duncan that she would “put some in for 17 next week.” Exhibit 22 (text exchange). Duncan did not respond, but a few hours later, he 18 switched to his campaign card to pay a $16 bar tab at Bullfeathers, for one customer. Exhibit 19 23 (Bullfeathers receipt). 20 About three months later, on December 12, 2013, Margaret texted Duncan that there 21 was “$20 left for you in accnt.” Exhibit 24 (text exchange). A few minutes later, she 22 forwarded him the low balance alert from the bank, warning them they had $28.16 available. 23 She then told him to “[t]ake out the $20!” Exhibit 25 (email between Margaret and Duncan). 24 That night, text messages reveal that Duncan asked one of his closest friends, “You up for 8th 25 st later? Chargers and pizza?” (Indeed, the then-San Diego Chargers defeated the Denver 26 Broncos that night, 27 to 20). Although he was fully aware he had no personal funds left to 27 spend, Duncan nevertheless treated his friends to Matchbox Pizza on 8th Street in Washington, 28 6 Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.316 Page 7 of 66 1 where he used $238 in campaign funds to pay for 19 beers, 4 Southern Comforts, 2 2 Tanquerays, a Jack Daniels, and one pizza. Exhibit 26 (Matchbox receipt). 3 On October 21, 2014, Duncan texted Margaret, “$[.] Can I please get it tomorrow 4 morning?” Margaret replied, “we’re very low on $ so I’m concerned[.]” Exhibit 27 (text 5 exchange). The next day, Duncan went golfing with one of his closest friends, and, 6 appropriately, marked the day on his calendar as “Block for Personal Day.” Exhibit 28 7 (October 22 calendar entry). Once again, Duncan was fully aware that he had no personal 8 funds available, so despite the fact that the golf outing was purely personal, he turned to his 9 campaign treasury to foot the bill. Duncan spent $204 in campaign funds to pay for both of 10 their greens fees, four packs of golf balls, and a few beers. Exhibit 29 (Rancho Bernardo 11 receipt). In each of these cases, Margaret’s warning that their personal balance was low helped 12 Duncan avoid embarrassment and overdraft fees, and save the family money, by alerting him 13 he should use campaign funds to make personal purchases. 14 The Hunters also alerted one another when their improper spending caused the 15 campaign card to max out. On June 29, 2015, the Hunters checked in for a two-night stay at 16 Caesar’s Palace in Las Vegas—their first stop on a family trip to Boise, Idaho for Duncan’s 17 cousin’s wedding. They spent the day on June 30 enjoying the hotel’s Garden of the Gods 18 Pool Oasis, using campaign funds for a $245 breakfast at the hotel’s Café Americano 19 restaurant and four separate orders totaling $158 at the poolside swim-up bar Snackus 20 Maximus. Exhibit 30 (hotel receipt); Exhibit 31 (photo at Snackus Maximus). Shortly after 21 they returned home from this family trip (which, all told, cost the campaign approximately 22 $3,800), Duncan reported to Margaret that his campaign card declined when he tried to make 23 a $100 purchase. Exhibit 32 (text exchange). A few hours later, Margaret reminded him that 24 they had racked up a $600 minibar tab and spent $178 for “kids room service while we were 25 at pool and our pool drinks” just days earlier, all on the campaign card. Id. Hunter wasn’t 26 surprised—he pointed out that breakfast alone was more than $200. As these were campaign 27 funds and not the Hunters’ personal money, Margaret shrugged it off: “Anyway lots of $ oh 28 well[.]” Id. 7 Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.317 Page 8 of 66 1 As another example of the Hunters’ monitoring of their campaign card funds, on 2 November 19, 2015, the Hunters departed for a long-awaited vacation to Italy. While there, 3 they spent thousands of dollars in campaign funds on hotels, restaurants, train tickets, museum 4 fees, and shopping. On November 27, they tried to buy merchandise at Gioielleria Manetti, 5 an upscale Florentine jewelry and watch store, using their personal debit card—but the card 6 was declined by the fraud prevention department. Exhibit 33 (email from Chase). So 7 Margaret switched to her campaign card to make a $216 purchase (charged as €203 Euros). 8 Exhibit 34 (English translation of jewelry store receipt). Just days after the Hunters returned 9 home, Margaret texted Duncan to discuss problems they had with the campaign card not 10 working. Exhibit 35 (text exchange). Duncan responded, “Ok. I'll try it right now.” Eight 11 minutes later, he texted her, “Just tried it for $30 and it does not work. It explicitly says 12 declined. This is [sic] happened twice now at two different places within 24 hours[.]” 13 Margaret replied, “K I’ll make a call[.]” Id. She then emailed the treasurer that Duncan had 14 “just tried to use his [card] and didn’t work can you check pls[.]” He suggested, “perhaps it’s 15 a fraud concern.” Exhibit 36 (email between Margaret and treasurer). Margaret texted 16 Duncan, “yep bank had a fraud concern and resent a card.” Exh. 35. 17 D. Margaret Advances the Conspiracy Through Her Own Statements 18 Throughout the conspiracy, both Duncan and Margaret also made numerous statements 19 to third parties in furtherance of the conspiracy. Margaret, for example, routinely submitted 20 requests to the treasurer for reimbursements, particularly during the times she did not have 21 access to her own credit or debit card to spend campaign funds. Margaret also had numerous 22 discussions with creditors and vendors about outstanding bills she ultimately paid with stolen 23 campaign funds—including family dental bills, private school tuition, dance classes, and other 24 personal expenses. And Margaret engaged the treasurer several times about increasing her 25 and Duncan’s access to campaign funds, including by seeking out higher credit limits or 26 greater daily spending caps, resolving suspended cards or allaying fraud concerns, or to obtain 27 additional credit cards in her or Duncan’s names. 28 8 Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.318 Page 9 of 66 1 In addition, she made a host of false statements in furtherance of the conspiracy. She 2 often sent the treasurer emails providing false explanations for purchases she made using 3 campaign funds. Other times, she sought fraudulent reimbursements from the campaign for 4 personal expenses she bought using the Hunters’ personal funds—such as the full cost of a 5 $438 dinner at Island Prime with close friends, even though their friends had in fact paid the 6 bill. (Duncan did the same, asking for reimbursements, for example, for mileage on trips he 7 did not actually drive.) Nearly every quarter, ahead of the required FEC filings, Margaret 8 reviewed draft FEC reports or answered questions from the treasurer, all to cover up the 9 Hunters’ personal spending—and all in furtherance of the conspiracy. 10 II. 11 12 13 14 15 16 17 18 19 20 21 22 23 ARGUMENT Margaret’s communications with Hunter and with others are coconspirator statements admissible at trial under Federal Rule of Evidence 801(d)(2)(E). And because the discussions between Margaret and Duncan were made in furtherance of their conspiracy to embezzle funds, they are not protected by any marital communications privilege. As the examples above illustrate, throughout the conspiracy, the Hunters encouraged one another to make fraudulent purchases, facilitated each other’s thefts, and plotted to conceal their crimes from campaign staff, the FEC, and the public. These communications fall squarely within the privilege’s crime-fraud exception and should be admitted at trial. Moreover, Margaret may waive any spousal testimonial privilege and is free to testify at Hunter’s trial. A. Statements by Margaret Hunter During and in Furtherance of the Conspiracy are Admissible Coconspirator Statements A coconspirator’s statement is admissible non-hearsay under Rule 801(d)(2)(E) if: (1) it 24 was made in furtherance of a conspiracy or common enterprise; (2) it was made during the life 25 of the conspiracy or enterprise; and (3) the defendant and the declarant were members of the 26 conspiracy or enterprise. See generally Bourjaily v. United States, 483 U.S. 171, 175 (1987); 27 United States v. Layton, 855 F.2d 1388 (9th Cir. 1988). The statements “need not be made to 28 9 Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.319 Page 10 of 66 1 a member of the conspiracy to be admissible under [R]ule 801(d)(2)(E).” United States v. 2 Zavala-Serra, 853 F.2d 1512, 1516 (9th Cir. 1988). Accordingly, statements made by a 3 coconspirator to a third party such as a staff member or treasurer are admissible non-hearsay, 4 so long as the speaker is acting in furtherance of the conspiracy. 5 The existence of a conspiracy and the defendant’s involvement in it are preliminary 6 questions of fact that are resolved by the trial judge under Rule 104(a). Bourjaily, 483 U.S. at 7 176. And courts apply a “liberal standard” in determining whether a statement was “in 8 furtherance” of the conspiracy. See, e.g., United States v. Siegelman, 640 F.3d 1159, 1181 9 (11th Cir. 2011). The court’s duty is to determine whether a jury could reasonably find that a 10 conspiracy existed by a preponderance of the evidence. See Huddleston, 485 U.S. at 690; see 11 also Bourjaily, 483 U.S. at 180-81 (finding that a coconspirator’s statements may themselves 12 be probative of the existence of a conspiracy and the participation of the defendant and the 13 declarant). 14 There is ample evidence for the Court’s preliminary determination that a conspiracy 15 existed to use funds belonging to the Duncan D. Hunter for Congress Campaign for the 16 personal benefit and enjoyment of the Hunter family. Margaret Hunter, who is Hunter’s sole 17 coconspirator, has admitted to conspiring with Hunter; she pleaded guilty and described the 18 object, manner, and means of the conspiracy in great detail. See generally Margaret Hunter 19 Plea Agreement (Doc. No. 34). The conspiracy began in 2009 and continued through at least 20 the end of 2016, even after the FEC and the press began inquiring about and investigating the 21 unlawful spending. Statements by both Duncan4 and Margaret Hunter made in furtherance of 22 the conspiracy should be admitted as non-hearsay. 23 24 25 26 27 B. The Marital Communications Privilege Does Not Protect Statements Made By Spouses Who are Partners in Crime Under normal circumstances, the marital communications privilege protects “statements or actions that are intended as confidential communications between spouses, 4 Of course, Duncan Hunter’s statements are also admissible at his separate trial as 28 non-hearsay under 801(d)(2)(A). 10 Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.320 Page 11 of 66 1 made during the existence of a valid marriage, unless the marriage had become irreconcilable 2 when the statements were made.” United States v. Fomichev, 899 F.3d 766, 771 (9th Cir.), 3 opinion amended on denial of reh’g, 909 F.3d 1078 (9th Cir. 2018) (citation omitted). “The 4 privilege (1) extends to words and acts intended to be a communication; (2) requires a valid 5 marriage; and (3) applies only to confidential communications, i.e., those not made in the 6 presence of, or likely to be overheard by, third parties.”5 United States v. Montgomery, 384 7 F.3d 1050, 1056 (9th Cir. 2004). The Ninth Circuit “emphasize[s] that [it] will narrowly 8 construe the marital communications privilege because it obstructs the truth-seeking process.” 9 United States v. Marashi, 913 F.2d 724, 730 (9th Cir. 1990). “Use of the privilege in criminal 10 proceedings requires a particularly narrow construction because of society’s strong interest in 11 the administration of justice.” Id. 12 The circumstances here, in which two spouses are engaged in joint criminal activity, 13 fall well outside the bounds of the privilege. The marital communications privilege simply 14 “does not apply to communications having to do with present or future crimes in which both 15 spouses are participants[.]” Marashi, 913 F.2d at 730. The “crime-fraud exception” thus 16 “assure[s] a criminal that if he enlists the aid of his spouse, he is creating a potential witness 17 for the government.” Id. In short, “discovering the truth about criminal activity outweigh[s] 18 protecting the privacy of marriage,” United States v. Roberson, 859 F.2d 1376, 1380 (9th Cir. 19 1988), and this tenet is so unassailable that “[e]very circuit addressing the issue” has agreed 20 that the marital communications privilege is subject to a crime-fraud exception. Marashi, 913 21 F.2d at 730. 22 As the facts described above detail, Margaret regularly encouraged Duncan to use 23 campaign funds to make purchases that were obviously personal. And Duncan explicitly 24 25 5 The marital communications privilege therefore cannot shield statements the Hunters 26 made to one another in the presence of third parties—such as, for example, Duncan’s statements over email where others are cc’d. See Wolfle v. United States, 291 U.S. 7, 14 (1934) 27 (“when made in the presence of a third party, [marital] communications are usually regarded 28 as not privileged because not made in confidence.”). 11 Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.321 Page 12 of 66 1 allowed Margaret to do the same, including for purchases—not least of which, a $600 minibar 2 tab at Caesar’s Palace—that benefited him directly. Margaret repeatedly reminded Duncan 3 their PIN so that he could withdraw cash from campaign funds for personal use. Even when 4 Margaret’s admonitions took implicit rather than overt form, Duncan received the messages 5 loud and clear: when their personal bank balances were low, Duncan knew to use campaign 6 funds for personal purchases. They also conferred about how to keep their crimes hidden: 7 offering one another pretextual explanations for purchases, or offering to create receipts to 8 justify their spending. Cf. United States v. Short, 4 F.3d 475, 479 (7th Cir. 1993) (marital 9 communications privilege did not apply where spouse “aided the defendants in concealing the 10 crime”). 11 Just as businesses maintain records of their cash inflows and outflows to ensure their 12 spending does not exceed available funds, so too did the Hunters review their fraudulent 13 purchases with one another when they had spent more than the campaign account would bear. 14 See United States v. Harrelson, 754 F.2d 1153, 1168 (5th Cir. 1985) (marital communications 15 privilege did not shield spouses’ references to “past crimes” that were “repeated in furtherance 16 of a continuing crime, conspiracy to obstruct justice,” as “[i]t is obviously necessary to know 17 what one has to hide in order to hide it.”). The marital communications privilege does not 18 protect communications between the Hunters made in furtherance of their conspiracy to 19 embezzle campaign funds. 20 21 22 23 24 25 26 27 28 C. Duncan Hunter Cannot Bar Margaret Hunter’s Testimony Under the Spousal Testimonial Privilege While the marital communications privilege relates to the admissibility of communications between spouses made during the marriage, the spousal testimonial privilege permits a witness to refuse to testify against his or her spouse. See Trammel v. United States, 445 U.S. 40, 53 (1980). The witness spouse alone holds the privilege and may choose to waive it. Id. Margaret, therefore, may choose to testify, and waive the testimonial privilege she alone holds. See Montgomery, 384 F.3d at 1056 (“The witness spouse alone holds the [spousal testimonial] privilege and may choose to waive it.”). 12 Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.322 Page 13 of 66 1 III. 2 CONCLUSION 3 For the reasons set forth above, this Court should admit Margaret Hunter’s 4 coconspirator statements and allow her testimony at trial. 5 DATED: June 24, 2019 6 7 Respectfully submitted, 8 DAVID D. LESHNER Attorney for the United States 9 10 s/ Bradley G. Silverman EMILY W. ALLEN W. MARK CONOVER PHILLIP L.B. HALPERN BRADLEY G. SILVERMAN Assistant U.S. Attorneys 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13 at: www mutt CQW or c"'npfctc the f(Jlm bclw1 vti!h yo,11 /J11Jme11t. 7he ndaess change vlffi updl)u, All Address dw,gc? V,sit w Account S ummary .it Case 3:18-cr-03677-W Document 47 Filed 06/24/19tlSN\PageID.323 S4'.V~afcas Page wld1 14 of 66 Account Number 549 1 XXXX XXXX 3752 and return P,»((Od$ 8fd 8 $..";fJt.~ U..c1 )KJII( fi(JfJSf1h~)41. Address Balance Minimum Payment Due Payment Due Date $10,132.16 $177 .00 02101114 New I State City Amount Enclosed H Phone ( ) I Zip W Phone ( ) $ DUNCAN D HUNTER To emvrepropercr6dit, ploase reb.lm this pottion with your Check or/lfomyOrder p,,yment , , _p,,yable ro USAA Savings Bllfllc. DO NOT SEND CASH. D LA I MESA CA 91944 - 0877 11•111111 ••1 111111111•11 1•l•11•1l•111 11'l·111 111 11111 l•l 11111 11'· USAA CREDIT CARD PAYMENTS 10750 MCDERMOTT FWY SAN ANTONI O TX 78288-057 0 1111 •11•1 11111111•1111•111•1111 1111111•111•1•1 11•1111•111111••111 5491 23XXXXXX3 7 520001 7 7 00 01 01 3 216 9 0089 747 5 1 ~ - ~ USAA"' 5491 Account Number Statement closing date 01 /07/14 USAA Docu ments Online xxxx xxxx 3752 Get statements faster, save paper , and reduce your risk of identily theft with USAA Documents Online. It's free, convenient, and helps us save you money. Log on to usaa.com and sign up today. $10,300.00 $167.00 Credit limit Available credit Questions? Visit us at MWr'CtseMCMJ Questions? caJ/ CUstDmor S8tvic8 Lost or Su,/en Card (800) 531 -8722 (800) 531 -8722 Or writo us at: PO BOX 65()20, SAN ANTONIO, T)( 78265-S020 Ramil paym 0 PAGE :2 of 4 1 0 1946 7000 1i'06:;J 01A:B5550 Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.331 Page 22 of 66 GOVERNMENT EXHIBIT Ex. 5 18CR3677-W Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.332 Page 23 of 66 GOVERNMENT EXHIBIT Ex. 6 18CR3677-W Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.333 Page 24 of 66 Duncan 09/15/2015 1:46 PM What is the limit on the campaign card? Margaret 09/15/2015 1:55 PM $2500 Margaret 09/15/2015 1:55 PM daily Margaret 09/15/2015 2:35 PM pls send me personal portion right away need to get it back from him asap Margaret 09/15/2015 2:39 PM can’t buy shoes today babe now Duncan 09/15/2015 2:40 PM Already sent it. It’s on 1 receipt. Shows the two payments GOVERNMENT EXHIBIT Ex. 7 18CR3677-W 1B78 Apple iPad_Other Items_pgs 698-699 Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.334 Page 25 of 66 GOVERNMENT EXHIBIT Ex. 8 18CR3677-W Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.335 Page 26 of 66 GOVERNMENT EXHIBIT Ex. 9 18CR3677-W Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.336 Page 27 of 66 Duncan 09/29/2015 7:38 AM ET I need to stop by a gas station on the way there. Cigarettes and money Kevin Y. 09/29/2015 7:38 AM ET Copy – calling uber in a couple min GOVERNMENT EXHIBIT Ex. 10 18CR3677-W 1B78 Apple iPad_Other Items_pg 587 Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.337 Page 28 of 66 Duncan 09/29/2015 5:38 AM I tried to get money out for golf and insufficient funds. I hate when that happens Margaret 09/29/2015 6:01 AM Put a check into your accnt Margaret 09/29/2015 6:24 AM You need to use camp card take the $40 or whatever it costs 1959 Margaret 09/29/2015 6:24 AM I’ll make a receipt for it GOVERNMENT EXHIBIT Ex. 11 18CR3677-W 1B78 Apple iPad_Other Items_pg 699 Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.338 Page 29 of 66 GOVERNMENT EXHIBIT Ex. 12 18CR3677-W Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.339 Page 30 of 66 Margaret 01/28/2015 12:56 PM I had certificates from a prev cancelled flight so our tickets were only $820 total!!! GOVERNMENT EXHIBIT Ex. 13 18CR3677-W 1B78 Apple iPad_Other Items_pg 684 Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.340 Page 31 of 66 Date 3/31/15 Account Enclosures Easy Business checking XXXXX15423 Activity in Date order Date Description 3/30 DBT CRD 0000 03/29/15 00255739 STEAMGAMES 10900 NE 4TH ST SU BELLEVUE WA C#9587 3/30 DBT CRD 0000 03/27/15 10173501 BILL.COM, 1810 EMBARCADERO R PALO ALTO CA C#6641 3/30 DBT CRD 1436 03/27/15 48850093 KATO SUSHI 980 GARNET AVE SAN DIEGO CA C#9587 3/31 DBT CRD 0000 03/29/15 28523842 ASTON KAAN 3445 HONOAPIILANI HONOLULU HI C#9587 3/31 DBT CRD 0000 03/29/15 28523843 ASTON KAAN 3445 HONOAPIILANI HONOLULU HI C#9587 Page 9 XXXXX15423 1 (continued) Amount 14.99- Balance 172,747.66 54.83- 172,692.83 71. 83- 172,621.00 530.00- 172,091.00 598.00- 171,493.00 checks In Number order Date check No Amount 820.76 3/23 1095 * Denotes missing check numbers To report a lost or stolen ATM or Debit card, call 1-866-546-8273. GOVERNMENT EXHIBIT Ex. 14, Pg. 1 18CR3677-W HG-CBB-005-000137 Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.341 Page 32 of 66 Date 4/30/15 Account Enclosures Easy Business checking Date 4/08 4/09 4/09 4/09 4/09 4/10 4/11 4/11 4/11 4/11 Activity in Date order Description 1370 N MAGNOLIA 06192878873 CA C#6641 DBT CRD 0229 04/07/15 80273808 GRASSHOPPE 197 1ST AVENUE SUI NEEDHAM MA C#6641 DBT CRD 0000 04/07/15 65035148 ASTON KAAN 3445 HONOAPIILANI HONOLULU HI C#9587 DBT CRD 0000 04/07/15 65035135 ASTON KAAN 3445 HONOAPIILANI HONOLULU HI C#9587 DBT CRD 0000 04/07/15 65035137 ASTON KAAN 3445 HONOAPIILANI HONOLULU HI C#9587 DBT CRD 0433 04/08/15 45058066 AT&T*BILL 211 S AKARD 08003310500 TX C#9587 DBT CRD 2107 04/09/15 00890003 NSW FAMILY 300 CARLSBAD VILL 08589990333 CA C#9587 DBT CRD 0000 04/09/15 53006135 UNITED 600 Jefferson stre 800-932-2732 TX C#9587 DBT CRD 0000 04/09/15 53006134 UNITED 600 Jefferson Stre 800-932-2732 TX C#9587 DBT CRD 0455 04/10/15 04743580 EB EAST CO 155 5TH ST 7TH FLO 8888102063 CA C#9587 DBT CRD 0000 04/09/15 52987938 UNITED XXXXX15423 Page 2 XXXXX15423 (continued) Amount Balance 27.27- 170,978.91 9.36- 170,969.55 2,058.61- 168,910.94 3,092. 77- 165,818.17 182.09- 165,636.08 500.00- 165,136.08 46.00- 165,090.08 58.00- 165,032.08 63.48- 164,968.60 645.20- 164,323.40 GOVERNMENT EXHIBIT Ex. 14, Pg. 2 18CR3677-W HG-CBB-005-000139 Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.342 Page 33 of 66 From: Sent: To: Cc: Subject: Margaret @gmail.com> Friday, April 10, 2015 12:44 PM Chris Marston<'a}ElectionCFO.com> Joe Kasper 1_ @gmail.com> Re: Hunter Questions --==::;;;;.- $86 was to electronic store for cellular phone items $120 would be for parking $60.25 restaurant The two $12.50 were for a support inquiry on a photo record related program The steam games charges were drafted from wrong accnt. We have numbers stored for various programs but these steam charges were personal so camp is due a $34.98 refund The 3-3 $1589 is a charge I am unaware of so I am making an inquiry to Expedia right now. The Aston kaanapali were charged for reservations which covered two days reserved for fundraising with folks based out of Honolulu but these reservations were made on 1/30 ... Since then however, we made a decision to not do any fundraising there at this time for various reasons. The $530 and $598 will need to get refunded with our personal funds. On Apr 10, 2015, at 11:53 AM, Chris Marston <~ mlectionCFO.com> wrote: Margaret, Joe, Looking for purpose of disbursement on the following disbursements 2/2/15 debit for $86 to D F Electric 2/9/15 debit for $120 to San Diego Airport (food & beverages?) 2/20/15 debit for $60.25 - miscellaneous debit (bank debit? same as amount paid to Ki's Restaurant on 2/18-don't know if that's relevant) 3/3/15 debit for $1589.01 to Expedia (travel expenses? airline & hotel?) 3/10/15 debit for $12.50 to GE through paypal 3/11/15 debit for $12.50 to GE through paypal 3/20/15 debit for $19.99 to Steamgames 3/30/15 debit for $14.99 to Steamgames 3/31/15 debit for $530 & $598 to Aston Kaanapali Shores in Hawaii (hotel?) Thanks, Chris GOVERNMENT EXHIBIT Ex. 15 18CR3677-W HG- SW3522 - CMARS TON - 002 4 42 HG-SW3522-CMARSTON-002442 Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.343 Page 34 of 66 GOVERNMENT EXHIBIT Ex. 16 18CR3677-W Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.344 Page 35 of 66 GOVERNMENT EXHIBIT Ex. 17, Pg. 1 18CR3677-W Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.345 Page 36 of 66 GOVERNMENT EXHIBIT Ex. 17, Pg. 2 18CR3677-W Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.346 Page 37 of 66 GOVERNMENT EXHIBIT Ex. 18 18CR3677-W Image# 15970362962 Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.347 Page 38 of 66 SCHEDULE B (FEC Form 3) ITEMIZED DISBURSEMENTS Use separate schedule(s) for each category of the Detailed Summary Page 74 OF PAGE FOR LINE NUMBER: (check only one) 98 17 18 19a 19b 20a 20b 20c 21 Any information copied from such Reports and Statements may not be sold or used by any person for the purpose of soliciting contributions or for commercial purposes, other than using the name and address of any political committee to solicit contributions from such committee. NAME OF COMMITTEE (In Full) Duncan D. Hunter for Congress Full Name (Last, First, Middle Initial) A. ESCONDIDO CHAMBER OF COMMERCE Date of Disbursement M City ESCONDIDO Purpose of Disbursement MEMBERSHIP State CA Zip Code 92025-1870 House Senate President State: District: Full Name (Last, First, Middle Initial) D / Y Y Y Y 2015 27 Amount of Each Disbursement this Period 300.00 , . Transaction ID : SB17.I6265 Disbursement For: Primary Other (specify) General ESCONDIDO CHAMBER OF COMMERCE Date of Disbursement M Mailing Address 720 N BROADWAY City ESCONDIDO Purpose of Disbursement EVENT TICKETS M / D State CA Zip Code D / Y 27 01 Y Y Y 2015 Amount of Each Disbursement this Period 92025-1870 , 40.00 , . Transaction ID : SB17.I6266 Candidate Name State: D Category/ Type Office Sought: Office Sought: / , Candidate Name B. M 01 Mailing Address 720 N BROADWAY Category/ Type House Senate President District: Disbursement For: Primary Other (specify) General Full Name (Last, First, Middle Initial) C. EXPEDIA Date of Disbursement M Mailing Address 333 108TH AVE NE City State WA BELLEVUE Purpose of Disbursement MISTAKEN CHARGE - TO BE REIMBURSED Zip Code 98004 State: / D D / Y 31 Y Y Y 2015 Amount of Each Disbursement this Period , , 598.00 . Transaction ID : SB17.I6214 Candidate Name Office Sought: M 03 Category/ Type House Senate President District: Disbursement For: Primary Other (specify) General SUBTOTAL of Disbursements This Page (optional) .................................................................. TOTAL This Period (last page this line number only) ............................................................... GOVERNMENT , , , , 938.00 . . EXHIBIT FE5AN018 Ex. 19, Pg. 1 18CR3677-W FEC Schedule B (Form 3) (Revised 02/2009) Image# 15970362963 Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.348 Page 39 of 66 SCHEDULE B (FEC Form 3) ITEMIZED DISBURSEMENTS Use separate schedule(s) for each category of the Detailed Summary Page 75 OF PAGE FOR LINE NUMBER: (check only one) 98 17 18 19a 19b 20a 20b 20c 21 Any information copied from such Reports and Statements may not be sold or used by any person for the purpose of soliciting contributions or for commercial purposes, other than using the name and address of any political committee to solicit contributions from such committee. NAME OF COMMITTEE (In Full) Duncan D. Hunter for Congress Full Name (Last, First, Middle Initial) A. EXPEDIA Date of Disbursement M City BELLEVUE Purpose of Disbursement MISTAKEN CHARGE - TO BE REIMBURSED State WA Zip Code 98004 House Senate President State: District: Full Name (Last, First, Middle Initial) D / Y Y Y Y 2015 31 , 530.00 , . Transaction ID : SB17.I6215 Disbursement For: Primary Other (specify) General EXPEDIA Date of Disbursement M Mailing Address 333 108TH AVE NE City BELLVUE Purpose of Disbursement AIRFARE & HOTEL M / D State WA Zip Code D / Y 03 03 Y Y Y 2015 Amount of Each Disbursement this Period 98004 , 1589.01 , . Transaction ID : SB17.I6268 Candidate Name State: D Category/ Type Office Sought: Office Sought: / Amount of Each Disbursement this Period Candidate Name B. M 03 Mailing Address 333 108TH AVE NE Category/ Type House Senate President District: Disbursement For: Primary Other (specify) General Full Name (Last, First, Middle Initial) C. EXPEDIA Date of Disbursement M Mailing Address 333 108TH AVE NE City BELLVUE Purpose of Disbursement TRANSPORTATION State WA Zip Code 98004 State: D D / Y 02 , Y Y Y 2015 , 739.68 . Transaction ID : SB17.I6269 Category/ Type House Senate President District: Disbursement For: Primary Other (specify) General SUBTOTAL of Disbursements This Page (optional) .................................................................. GOVERNMENT TOTAL This Period (last page this line number only) ............................................................... EXHIBIT FE5AN018 / Amount of Each Disbursement this Period Candidate Name Office Sought: M 01 Ex. 19, Pg. 2 18CR3677-W , , , , 2858.69 . . FEC Schedule B (Form 3) (Revised 02/2009) Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.349 Page 40 of 66 Duncan 10/30/2013 2:30 PM Can I use the card for smokes or will that cost $30? Margaret 10/30/2013 2:31 PM no $ on chase babe. Will cost $34 GOVERNMENT EXHIBIT Ex. 20 18CR3677-W 1B78 Apple iPad_Other Items_pg 639 Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.350 Page 41 of 66 Duncan 03/18/2015 7:42 AM My card just declined for $2.45 in a big line at the cafeteria Margaret 03/18/2015 7:43 AM I’m sorry why not use our cash for $2? GOVERNMENT EXHIBIT Ex. 21 18CR3677-W 1B78 Apple iPad_Other Items_pg 686 Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.351 Page 42 of 66 Duncan 09/19/2013 5:57 PM My card just declined Margaret 09/19/2013 5:57 PM Well sorry didn’t know you’d need before getting cash this weekend Margaret 09/19/2013 5:58 PM I texted you that Id have cash for you when home Margaret 09/19/2013 6:01 PM where? Duncan 09/19/2013 6:10 PM Liquor store. No biggy. Margaret 09/19/2013 6:10 PM sorry Margaret 09/19/2013 6:10 PM lu has phone for 15 GOVERNMENT EXHIBIT Ex. 22, Pg. 1 18CR3677-W 1B78 Apple iPad_Other Items_pg 622 Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.352 Page 43 of 66 Duncan 09/19/2013 6:10 PM I didn’t know that you saying I’d have cash at home meant don’t use the card. Should’ve just said don’t use the card Duncan 09/19/2013 6:10 PM But no biggie. Ok. Love you Margaret 09/19/2013 6:12 PM sorry figured somehow you knew why I was saying that I’ll put some in for next week GOVERNMENT EXHIBIT Ex. 22, Pg. 2 18CR3677-W 1B78 Apple iPad_Other Items_pg 622 Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.353 Page 44 of 66 GOVERNMENT EXHIBIT Ex. 23 18CR3677-W Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.354 Page 45 of 66 Margaret 12/12/2013 8:00 AM $20 left for you in accnt. I’ll have $300 cash with me Friday. Margaret 12/12/2013 8:02 AM then your mom will give us a check next week she says Duncan 12/12/2013 8:02 AM Yay GOVERNMENT EXHIBIT Ex. 24 18CR3677-W 1B78 Apple iPad_Other Items_pg 644 Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.355 Page 46 of 66 GOVERNMENT EXHIBIT Ex. 25 18CR3677-W Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.356 Page 47 of 66 GOVERNMENT EXHIBIT Ex. 26 18CR3677-W Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.357 Page 48 of 66 Duncan 10/21/2014 8:13 PM $ Duncan 10/21/2014 8:13 PM Can I please get it tomorrow morning? Margaret 10/23/2014 11:40 AM all ok. we’re very low on $ so I’m concerned GOVERNMENT EXHIBIT Ex. 27 18CR3677-W 1B78 Apple iPad_Other Items_pg 681 Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.358 Page 49 of 66 GOVERNMENT EXHIBIT Ex. 28 18CR3677-W Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.359 Page 50 of 66 GOVERNMENT EXHIBIT Ex. 29, Pg. 1 18CR3677-W Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.360 Page 51 of 66 GOVERNMENT EXHIBIT Ex. 29, Pg. 2 18CR3677-W A4. Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.361 Page 52 of 66 3570 Las Vegas Blvd. FOR RESERVATIONS South Las Vegas NV 89109 CALL 1-800-634-6661 702-731-7110 GUEST DUNCAN HUNTER EXPEDIA OK FOR PAY Room No STAY 6/30/15 EXTERNAL 6/30/15 EXTERNAL 6/30/15 EXTERNAL 6/30/15 EXTERNAL 6/30/15 EXTERNAL 7/01/15 EXTERNAL 7/01/15 421844402964 TICKET 1466224 421844417144 TICKET 1453617 421844566902 TICKET 1466294 421844612431 TICKET DESCRIPTION SPLIT Fol ID. 421844402966 Arvl Dt Dept Dt TICKET 6756265 421855917499 TICKET 6765428 421856161766 FVS 6/29/15 7/01/15 WCEXB15 No. AMOUNT MAXIMUS 77.00 SNACKUS MAXIMUS 27.00 SNACKUS MAXIMUS 27.00 STORE 14.79 SUN GODS 10 421844614482 1556 2 421834289987 SNACKUS XPCLV6838402 LC3056HU STARBUCKS 11.73 STARBUCKS 21.46 178.98-4065 FRONT DESK VISA TOTAL 037 1 ID. T/A REFERENCE 3056 Res Group DATE LC Page No Guests 0.00 7/01/15421834289987HUNTER Thank You for Staying at DUNCAN Caesars Palace GOVERNMENT EXHIBIT Ex. 30, Pg. 1 18CR3677-W A4. Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.362 Page 53 of 66 3570 Las Vegas Blvd. FOR RESERVATIONS South Las Vegas NV 89109 CALL 1-800-634-6661 702-731-7110 GROUP DELEGATE/CONVENTION HUNTER MARGARET Room EXPEDIA BEST Page No Guests 2015-2016 No ID. 416714062531 Fol ID. 421834289327 Arvl Dt Dept Dt GRMTX DATE 6/29/15 EXTERNAL GROUP MARGARET RM TAX 421839001151 TICKET LC 3056 ROOM CHARGE TAX ROOM CHARGE 7/01/15 WCEXB15 HUNTER TO 421823747232 MASTER DESCRIPTION REFERENCE 6/29/15 No. T/A FROM 1 Res Group TRANSFER 1 SPLIT AMOUNT LC 3056 177.62 21.31 177.62 397.86-XFR 6/30/15 EXTERNAL 421849001173 TICKET LC LC 3056 3056 TAX 7/01/15 TO 421856161746 416714062531 TOTAL 305 000 DIR 21.31 GROUP SETTLEMENT WCEXB15 GROUP MASTER FRM TO 7/01/15 6/29/15 0.00 7/01/15416714062531HUNTER Thank You for Staying at MARGARET Caesars Palace GOVERNMENT EXHIBIT Ex. 30, Pg. 2 18CR3677-W A4. Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.363 Page 54 of 66 3570 Las Vegas Blvd. FOR RESERVATIONS South Las Vegas NV 89109 CALL 1-800-634-6661 702-731-7110 GUEST MARGARET HUNTER EXPEDIA OK FOR PAY Room No STAY 6/29/15 6/29/15 6/29/15 EXTERNAL 6/29/15 DESCRIPTION 421834289328 421834290719 RESORT FEE $32.48 DAILY ROOM SERVICE MINI BAR 23056 005807 AQUAFINA 421834290807 TICKET 4290807 421834291454 6/29/15 421834291802 6/29/15 421834291805 421834294679 6/29/15 EXTERNAL TICKET 6/30/15 EXTERNAL 421844672024 TICKET 0001217 6/30/15 EXTERNAL 421844379934 TICKET 673 6/30/15 EXTERNAL 421844382206 TICKET 4382206 INTERNET 3056 ROOM 24 Fol ID. 421834289330 Arvl Dt Dept Dt 6/30/15 6/30/15 6/30/15 EXTERNAL 421844405018 421844406062 421844408743 421844419404 TICKET 1453637 421844446564 6/30/15 421844614204 6/30/15 2430 421844624751 TICKET 1281841 421844662515 1556 FVS 7.57 BLOCK X 6.99 7.57 7.57 ROOM SERVICE MINI BAR 23056 014747 AQUAFINA RESORT FEE 7.57 32.48 RESORT RESORT FEE FEE 32.48 RESORT FEE CAFE LSD AMERICANO INTERNET 245.39 XPCLV6837329 24 HOUR BLOCK X 3056 1154 LAPTOP-25002 SUN GODS STORE 4.99 59.78 9918 6/30/15 6/30/15 EXTERNAL AMOUNT 23056 012655 AQUAFINA ROOM SERVICE MINI BAR 23056 014747 AQUAFINA XPCLV6837598 LC3056HU 6/30/15 7/01/15 WCEXB15 0001247 421844391464 TICKET 6/29/15 No. 0106 LAPTOP-25002 SERVICE MINI BAR LC3056HU 6/30/15 EXTERNAL 2 421823747232 SPLIT HOUR 1 ID. T/A REFERENCE 3056 Res Group DATE LC Page No Guests ROOM SERVICE MINI BAR 23056 142143 SIERRA ROOM SERVICE MINI BAR 23056 143157 SIERRA ROOM SERVICE MINI BAR 23056 SNACKUS 145645 MAXIMUS 5.41 MIS 5.41 MIS 30.27 INTIMACY M 27.00 ROOM SERVICE MINI BAR 23056 160735 DIET PEPSI ROOM SERVICE MINI BAR 23056 IN ROOM 163912 DINING DIET 5.41 PEPSI 212.53 ROOM SERVICE MINI BAR 23056 230443 MILLER 7/01/15421823747232HUNTER Thank You for Staying 5.41 at 7.57 LIT MARGARET Caesars Palace GOVERNMENT EXHIBIT Ex. 30, Pg. 3 18CR3677-W A4. Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.364 Page 55 of 66 3570 Las Vegas Blvd. FOR RESERVATIONS South Las Vegas NV 89109 CALL 1-800-634-6661 702-731-7110 GUEST MARGARET HUNTER EXPEDIA OK FOR PAY Room No STAY 7/01/15 DESCRIPTION 421856161749 FRONT 1556 FVS 2 421823747232 Fol ID. 421834289330 Arvl Dt Dept Dt SPLIT 6/29/15 7/01/15 WCEXB15 No. AMOUNT 711.40-4065 DESK VISA TOTAL 030 2 ID. T/A REFERENCE 3056 Res Group DATE LC Page No Guests 0.00 7/01/15421823747232HUNTER Thank You for Staying at MARGARET Caesars Palace GOVERNMENT EXHIBIT Ex. 30, Pg. 4 18CR3677-W Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.365 Page 56 of 66 GOVERNMENT EXHIBIT Ex. 31 18CR3677-W Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.366 Page 57 of 66 Duncan 07/07/2015 6:27 AM The campaign card declined for a $100 purchase. Margaret 07/07/2015 2:07 PM Short and fun in front? Hey we racked up $600 minibar and various beg and more charges at Caesars… Duncan 07/07/2015 2:25 PM Believe it. Duncan 07/07/2015 2:26 PM Breakfast was over $200 Duncan 07/07/2015 2:27 PM Duncan and I did not get anything in our room at Caesars Duncan 07/07/2015 2:28 PM GOVERNMENT EXHIBIT Ex. 32, Pg. 1 18CR3677-W I should say I. I did have two beers out of the refrigerator 1B78 Apple iPad_Other Items_pgs 695-696 Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.367 Page 58 of 66 Duncan 07/07/2015 2:28 PM What did we have for dinner there? Margaret 07/07/2015 2:30 PM we didn’t went to that Italian place Breakfast, kids room service while we were at pool and our pool drinks were $178 then gift shop Margaret 07/07/2015 2:30 PM minibar has several charges for snacks. Anyway lots of $ oh well GOVERNMENT EXHIBIT Ex. 32, Pg. 2 18CR3677-W 1B78 Apple iPad_Other Items_pgs 695-696 Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.368 Page 59 of 66 GOVERNMENT EXHIBIT Ex. 33 18CR3677-W Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.369 Page 60 of 66 GOVERNMENT EXHIBIT Ex. 34, Pg. 1 18CR3677-W Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.370 Page 61 of 66 GOVERNMENT EXHIBIT Ex. 34, Pg. 2 18CR3677-W Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.371 Page 62 of 66 GOVERNMENT EXHIBIT Ex. 34, Pg. 3 18CR3677-W Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.372 Page 63 of 66 GOVERNMENT EXHIBIT Ex. 34, Pg. 4 18CR3677-W Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.373 Page 64 of 66 Margaret 12/03/2015 10:53 AM btw the visa isn’t full at all so it not working last night was not the bank issue Margaret 12/03/2015 10:56 AM chris actually paid it up Nov 23 Duncan 12/03/2015 11:10 AM Ok. I’ll try it right now. Margaret 12/03/2015 11:10 AM yeah. There’s only a $290 bal on it Duncan 12/03/2015 11:18 AM Just tried it for $30 and it does not work. It explicitly says declined. This is happened twice now at two different places within 24 hours GOVERNMENT EXHIBIT Ex. 35, Pg. 1 18CR3677-W 1B78 Apple iPad_Other Items_pg 701 Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.374 Page 65 of 66 Margaret 12/03/2015 11:19 AM K I’ll make a call Margaret 12/03/2015 12:55 PM yep bank had a fraud concern and resent a card. Need to activate the one that just came here GOVERNMENT EXHIBIT Ex. 35, Pg. 2 18CR3677-W 1B78 Apple iPad_Other Items_pg 701 Case 3:18-cr-03677-W Document 47 Filed 06/24/19 PageID.375 Page 66 of 66 GOVERNMENT EXHIBIT Ex. 36 18CR3677-W