Link fixed - UNSEALED - 02/24/2010 28 OFFICIAL TRANSCRIPT of Change of Plea Hearing held on 02-17-10 before Judge Joseph J. Farnan, Jr. Court Reporter/Transcriber: Leonard A. Dibbs,Telephone number `. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/17/2010. Redacted Transcript Deadline set for 3/29/2010. Release of Transcript Restriction set for 5/25/2010. (lad) (Entered: 02/24/2010)
THE COURT: I'm sure as you have been told, I have to ask you some questions so that I can be satisfied that you're competent and capable to enter this guilty plea, that you fully understand the charges, that you are doing this voluntarily without any coercion or threat and that there's a basis in fact for you to plead guilty.
I'm going to ask you these questions under oath. It's important that you give truthful responses, because if it's later determined that you weren't truthful, the government could charge you with a new and separate crime such as perjury or making a false statement.
Do you understand that?
THE DEFENDANT: Yes, your Honor.
THE COURT: I'll ask the clerk to administer an oath to you. (At this time, the defendant was placed under oath.)
THE COURT: Tell me your full name.
THE WITNESS: Matthew Whitney Brown.
THE COURT: How old are you?
THE DEFENDANT: 27.
THE COURT: How far did you go in school?
THE DEFENDANT: Twelfth grade, graduated high school.
THE COURT: Where was that?
THE DEFENDANT: Norfolk Christian in Tallahassee, Florida.
THE COURT: In Florida?
THE DEFENDANT: Yes.
THE COURT: Are you working now?
THE DEFENDANT: Yes, sir?
THE COURT: What do you do?
THE DEFENDANT: I work for a corporation called Vertical Group.
THE COURT: What's your basic task?
THE DEFENDANT: I teach consulting. I work for a company called ADVFN.
THE COURT: Have you ever been in a hospital or treated as an outpatient for any kind of mental illness, psychiatric or psychological disorders?
THE DEFENDANT: No, sir.
THE COURT: Have you ever been in a residential program, a hospital or some other live-in program or treated as an outpatient for any kind of drug or alcohol addiction?
THE DEFENDANT: No, sir.
THE COURT: In the last 24 hours, have you used any illegal drugs?
THE DEFENDANT: No, sir.
THE COURT: Have you used any prescription drugs, or over-the- counter medicines that could affect your ability to understand what's going on here today?
THE DEFENDANT: No, sir.
THE COURT: Have you drank any alcohol in the last 24 hours?
THE DEFENDANT: No, sir.
THE COURT: And you feel you've had adequate chance to talk to Mr. Amador about your case and he's been available to you to advise you throughout your negotiations of this plea?
THE DEFENDANT: Yes, your Honor.
THE COURT: What you're charged with?
THE DEFENDANT: Yes, your Honor.
THE COURT: I'm told that you want to plead guilty to Counts I, IV, V and VIII as set forth in the Indictment, is that correct?
THE DEFENDANT: Yes, your Honor?
THE COURT: All right.
Tell me what you did with regard to -- we'll start with -- we'll follow the Memorandum of Plea Agreement here. We'll start with Counts I and V that charges you with Conspiracy to Commit Securities Fraud.
Tell me what you did that makes you think you're guilty.
THE DEFENDANT: Myself and others agreed to take part in a scheme to manipulate the value of certain stocks that were publicly held corporations called GH3 and AAGH.
THE COURT: Page two of the Plea Agreement, if you will go there and take a look at paragraph two.
It says that you understand if you were to proceed to trial, and it says Counts I, IV, V and VIII, that the government would have to prove each of the following elements of the offenses beyond a reasonable doubt.
So with regards to the offense I'm asking you about now, Counts I and V, you understand that the government would have to prove that on or about the dates charged in the Indictment, that two or more people conspired to commit the crime of securities fraud and/or the crime of Laundering of Financial Instruments, and that you knowingly joined in that conspiracy.
Do you understand those elements?
THE DEFENDANT: Yes, your Honor.
THE COURT: And you understand the government's obligation to meet them with regard to Counts I and V?
THE DEFENDANT: Yes, your Honor.
THE COURT: I'm going to ask you about Counts IV and VIII.
Tell me in your own words what you did that makes you think you're guilty there.
THE DEFENDANT: Myself and others conspired to launder the proceeds of the profit from the manipulation of the GH3 andAAGH proceeds.
THE COURT: Again, paragraph two, you see where it says about the elements, that you conspired with two or more people with regard to the crime of Laundering of Financial Instruments, and specifically references IV and VIII Counts, it says you knowingly joined that conspiracy.
You believe the government could meet those elements?
THE DEFENDANT: Yes, your Honor.
THE COURT: I'm going to ask the -- I'm going to ask the prosecutor to tell me what evidence they have that they were going to use against you if this case went to trial on Counts I, IV, V and VIII. [...]
UNSEALED - 02/24/2010 28 OFFICIAL TRANSCRIPT of Change of Plea Hearing held on 02-17-10 before Judge Joseph J. Farnan, Jr. Court Reporter/Transcriber: Leonard A. Dibbs,Telephone number `. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/17/2010. Redacted Transcript Deadline set for 3/29/2010. Release of Transcript Restriction set for 5/25/2010. (lad) (Entered: 02/24/2010)
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