UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

Case No. 22-CR-80144-SMITH/MAYNARD 

UNITED STATES OF AMERICA 

vs. 

JOFF STENN WROY PHILOSSAINT, 

MARIEL TOLLINCHI, 

REGINE MARIE RENE, and 

BRIANNA MONIQUE GAYLE, 

Defendants. 

 / 

DISCOVERY RESPONSE

The United States of America, by and through the undersigned Assistant United States 

Attorney, respectfully files this Discovery Response, which complies with Local Rule 88.10 and 

Federal Rule of Criminal Procedure 16. Defendants Philossaint, Tollinchi, and Gayle have asked 

for entry of the Standing Discovery Order (DE35, DE37, DE 38). The Government anticipates 

that Defendant Rene will also ask for entry of the Standing Discovery Order at her arraignment. 

Accordingly, on today’s date, the Government has provided an encrypted hard drive to counsel for 

defendants Philossaint, Rene, and Gayle1 containing the following items: 

(A)Defendants’ Oral Statements: A report of defendant Philossaint’s encounter with 

CBP officers at the Miami International Airport upon his re-entry into the United States 

in June 2022 is included because it contains the substance of oral statements made by 

the defendant, before arrest, in response to interrogation by a person the defendant 

knew was a government agent. At this time, the government does not intend to use 

those statements. A report of defendant Philossaint’s proffer statement, which 

contains the substance of a relevant oral statement made by the defendant, after arrest, 

1

 The blank hard drive has not yet been received from counsel for defendant Tollinchi. 

Upon receipt, the items mentioned herein will be copied onto the hard drive and returned to 

Tollinchi’s attorney. It should be noted that counsel for defendants Tollinchi, Rene, and Gayle 

received early production of materials related specifically to their clients. 

Case 9:22-cr-80144-RS Document 44 Entered on FLSD Docket 09/23/2022 Page 1 of 11
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in response to interrogation by a person the defendant knew was a government agent, 

will be produced upon receipt. The government’s ability to use the proffer statement 

at trial is limited by the terms of the proffer agreement (which will be produced with 

the report). 

A report of defendant Rene’s post-arrest statement is attached. That statement also is 

recorded, and is discussed in item (B). 

The government is unaware of any oral statements by defendants Tollinchi and Gayle, 

in response to interrogation by a person the defendant knew was a government agent, 

that the government intends to use at trial. 

(B) Defendants’ Written or Recorded Statements: Defendant Rene’s post-arrest 

statement was recorded, and a copy is provided on the hard drive. Recordings of 

defendant Philossaint’s and defendant Tollinchi’s telephone calls from the Palm Beach 

County Jail are provided on the hard drive. 

There are a number of written loan applications and correspondence with the SBA, 

banks, and ADP that are attributed to each of the defendants. Copies of those written 

statements are provided on the hard drive. 

Defendant Philossaint’s written statements as part of his immigration proceedings are 

included only on defendant Philossaint’s hard drive. If the government determines 

that any of those materials are Brady or Giglio or otherwise relevant to the preparation 

of a co-defendant’s defense, then a copy will be provided to that co-defendant. Also, 

if a co-defendant believes that he/she needs access to defendant Philossaint’s A-file to 

prepare his/her defense, please contact the undersigned and counsel for Mr. Philossaint 

to address the matter. 

Please note that a cellular telephone was recovered from defendant Joff Philossaint. 

That cellular telephone contains emails, text messages, and voice messages from 

numerous individuals. Written statements of all of the defendants have been located 

on that phone and are produced on the hard drive. Recorded oral statements of 

defendants Philossaint and Rene have been located on that phone and are produced on 

the hard drive. It is possible that there are recorded oral statements of defendants 

Gayle and Tollinchi on the phone as well, although they have not yet been located. A 

complete copy of the portion of the cellular telephone that has been cleared by the 

USAO filter team has been provided to all defendants. (A complete copy of the entire

cellular telephone has already been provided to counsel for defendant Philossaint. 

That was sent directly to him by AUSA Shannon Shaw, who leads the filter team.) 

(C) Grand Jury Testimony of the Defendant: No defendant testified before the grand 

jury. 

(D)Prior Criminal Record of the Defendant: Copies of the defendants’ NCIC and 

FCIC reports are contained on the hard drives. 

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(E) Documents and Objects: The hard drives contain the documents, data, and 

photographs within the government’s possession, custody or control, which are 

material to the preparation of the defendants’ defenses, or which the government 

intends to use as evidence at trial to prove its case in chief, or which were obtained 

from or belong to the defendants, including loan applications, real and counterfeit tax 

records, payroll records, bank records, government filings, emails, and cellular phone 

contents. It is believed that all evidence relevant to the case is contained within the 

hard drives, but additional items may be collected as the investigation is continuing. 

As new items come into the government’s possession, custody or control, they will be 

provided to the defendants via electronic uploads, or they will be invited to inspect 

them at a mutually convenient time at: the Office of the United States Attorney, 500 

S. Australian Ave, Suite 400, West Palm Beach, Florida. 

The items already provided electronically and provided with this discovery response 

are not necessarily copies of all the books, papers, documents, data, etc., that the 

government may intend to introduce at trial, but any additional items will be produced 

in advance of trial, as noted in the previous paragraph. 

(F) Reports of Examinations and Tests: There were no physical or mental 

examinations or scientific tests or experiments made in connection with this case, with 

the exception of the Cellbrite extraction of the data from Joff Philossaint’s cellular 

telephone and the Cellbrite extraction of the data from the cellular telephone of an 

individual with initials A.O. Should the government determine that it intends to 

introduce any material from those telephones at trial, then it will produce reports of the 

extractions. 

(G)Expert Witnesses: At this time, the government does not intend to introduce any 

expert testimony at trial. 

DEMAND FOR RECIPROCAL DISCOVERY: Pursuant to the Standing Discovery 

Order, the United States requests the disclosure and production of materials listed in 

Section (b) of Local Rule 88.10. This request is also made pursuant to Rule 16(b) of the 

Federal Rules of Criminal Procedure. 

L.R. 88.10(c): BRADY/GIGLIO INFORMATION: The government will disclose 

any information or material which may be favorable on the issues of guilt or punishment 

within the scope of Brady v. Maryland, 373 U.S. 83 (1963), and United States v. Agurs, 

427 U.S. 97 (1976). 

Please review the information produced herewith, as it may contain information that 

the defense deems favorable on issues of guilt or punishment. 

L.R. 88.10(d): WITNESS INDUCEMENTS: The government will disclose any 

payments, promises of immunity, leniency, preferential treatment, or other inducements 

made to prospective government witnesses, within the scope of Giglio v. United States, 

Case 9:22-cr-80144-RS Document 44 Entered on FLSD Docket 09/23/2022 Page 3 of 11
4 

405 U.S. 150 (1972), or Napue v. Illinois, 360 U.S. 264 (1959). 

The government is unaware of any payments to any potential government witnesses. 

David Johnson is a prospective government witness. His proffer letter is included 

on the hard drive. He has been charged in S.D. Fla. Case No. 22-Cr-60201-

Smith/Valle, and is expected to enter a guilty plea on September 26, 2022. His 

plea agreement will be made available after he enters his guilty plea. 

L.R. 88.10(e): PRIOR CONVICTIONS: The government will disclose any prior 

convictions of any alleged co-conspirator, accomplice or informant who will testify for the 

government at trial. 

David Johnson’s criminal history is included on the hard drive. As additional 

witnesses are confirmed, their criminal histories will be provided. 

L.R. 88.10(f): IDENTIFICATION PROCEEDINGS: In some interviews that 

occurred after their arrests, some of the defendants were identified in photo arrays. 

Reports of those interviews and the photo arrays used are included on the hard drives. 

L.R. 88.10(g): AGENT NOTES: The government has advised its agents and officers 

involved in this case to preserve all rough notes. 

L.R. 88.10(h): F.R.E. 404(b): The government will timely advise the defendants of its 

intent, if any, to introduce at trial extrinsic act evidence pursuant to F.R.E. 404(b). 

Pursuant to Local Rule 88.10, the notice will be provided regardless of whether the 

evidence may be used in the case-in-chief, for impeachment or possible rebuttal, and will 

include the general nature of the evidence. 

You are hereby on notice that all evidence made available to you for inspection, as 

well as all statements disclosed herein or in any future discovery letter, may be 

offered in the trial of this cause, under F.R.E. 404(b) or otherwise (including the 

inextricably-intertwined doctrine). 

L.R. 88.10(i): ELECTRONIC SURVEILLANCE: None of the defendants is an 

aggrieved person, as defined in Title 18, United States Code, Section 2510(11), of any 

relevant electronic surveillance that was authorized pursuant to 18 U.S.C. § 2516 and 18 

U.S.C § 2518 and that has been unsealed in accordance with 18 U.S.C § 2518. 

L.R. 88.10(j): GRAND JURY TRANSCRIPTS: The government has ordered 

transcribed the Grand Jury testimony of all witnesses who will testify for the government 

at the trial of this cause. 

L.R. 88.10(k): TESTING OF CONTRABAND: No contraband is involved in this 

indictment. 

L.R. 88.10(l): VESSEL USED IN OFFENSE: Not applicable.

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L.R. 88.10(m): FINGERPRINT EVIDENCE: The government is not aware of any 

latent fingerprints or palm prints which have been identified by a government expert as 

those of any of the defendants. 

L.R. 88.10(n): STIPULATIONS: The government will make every possible effort in 

good faith to stipulate to all facts or points of law the truth and existence of which is not 

contested and the early resolution of which will expedite trial. These stipulations will be 

discussed at a pre-trial conference. 

The government is aware of its continuing duty to disclose such newly discovered 

additional information required by the Standing Discovery Order, Rule 16(c) of the Federal Rules 

of Criminal Procedure, Brady, Giglio, Napue, and the obligation to assure a fair trial. 

A 153-page index of the electronic files contained on the hard drive, along with the 

size of each file and the file type, has been provided to counsel for each of the defendants. 

The entire index is not included in the court file because it contains account numbers and 

information regarding third parties. The first six pages of the index is included for the 

Court’s review. A redacted version of the complete index will be filed prior to trial. If 

counsel for any of the defendants has difficulty accessing any of the files, please contact the 

undersigned to resolve the issue. 

 Respectfully submitted, 

JUAN ANTONIO GONZALEZ 

UNITED STATES ATTORNEY 

 s/A. Marie Villafaña 

A. MARIE VILLAFAÑA 

ASSISTANT U.S. ATTORNEY 

Florida Bar No. 0018255 

500 South Australian Ave., Suite 400 

West Palm Beach, FL 33401 

Tel: (561) 820-8711/Fax: (561) 820-8777 

ann.marie.villafana@usdoj.gov

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on September 23, 2022, a copy of this pleading was filed and 

served via CM/ECF upon counsel for the defendants. 

 s/A. Marie Villafaña 

A. MARIE VILLAFAÑA 

Assistant United States Attorney 

Case 9:22-cr-80144-RS Document 44 Entered on FLSD Docket 09/23/2022 Page 5 of 11
PHILOSSAINT, ET AL. DISCOVERY INDEX 

HARD DRIVE CONTAINING THE FOLLOWING 14 FOLDERS AND 1 FILE 

THE CONTENTS OF EACH OF THE FOLDERS LISTED ABOVE ARE AS FOLLOWS: 

FOLDER (1), ENTITLED “All Jail Calls_ JPMT,” CONTAINS THE FOLLOWING: 

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

Case 9:22-cr-80144-RS Document 44 Entered on FLSD Docket 09/23/2022 Page 6 of 11
PHILOSSAINT, ET AL. DISCOVERY INDEX

SEPTEMBER 23, 2022 

Page 2 of 153

FOLDER (2), ENTITLED “ALL SBA LOANS,” CONTAINS THE FOLLOWING: 

(2)(a)

(2)(b)

(2)(c)

(2)(d)

(2)(e)

(2)(f)

(2)(g)

(2)(h)

(2)(i)

(2)(j)

(2)(k)

(2)(l)

(2)(m)

(2)(n)

(2)(o)

(2)(p)

(2)(q)

(2)(r)

(2)(s)

(2)(t)

(2)(u)

(2)(v)

(2)(w)

(2)(x)

(2)(y)

(2)(z)

(2)(aa)

(2)(bb)

(2)(cc)

(2)(dd)

(2)(ee)

(2)(ff)

(2)(gg)

(2)(hh)

(2)(ii)

(2)(jj)

(2)(kk)

(2)(ll)

(2)(mm)

(2)(nn)

(2)(oo)

(2)(pp)

(2)(qq)

Case 9:22-cr-80144-RS Document 44 Entered on FLSD Docket 09/23/2022 Page 7 of 11
PHILOSSAINT, ET AL. DISCOVERY INDEX

SEPTEMBER 23, 2022 

Page 3 of 153

FOLDER (2) (Continued): 

(2)(rr)

(2)(ss)

(2)(tt)

(2)(uu)

(2)(vv)

(2)(ww)

(2)(xx)

(2)(yy)

(2)(zz)

(2)(aaa)

(2)(bbb)

(2)(ccc)

(2)(ddd)

(2)(eee)

(2)(fff)

(2)(ggg)

(2)(hhh)

(2)(iii)

(2)(jjj)

(2)(kkk)

(2)(lll)

(2)(mmm)

(2)(nnn)

(2)(ooo)

(2)(ppp)

(2)(qqq)

(2)(rrr)

(2)(sss)

(2)(ttt)

(2)(uuu)

(2)(vvv)

(2)(www)

(2)(xxx)

(2)(yyy)

(2)(zzz)

(2)(aaaa)

(2)(bbbb)

(2)(cccc)

(2(dddd)

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PHILOSSAINT, ET AL. DISCOVERY INDEX

SEPTEMBER 23, 2022 

Page 4 of 153

FOLDER (2) (Continued): 

(2)(eeee)

(2)(ffff)

(2)(gggg)

(2)(hhhh)

(2)(iiii)

(2)(jjjj)

(2)(kkkk)

(2)(llll)

(2)(mmmm)

(2)(nnnn)

(2)(oooo)

(2)(pppp)

(2)(qqqq)

(2)(rrrr)

(2)(ssss)

(2)(tttt)

(2)(uuuu)

(2)(vvvv)

(2)(wwww)

(2)(xxxx)

(2)(yyyy)

(2)(zzzz)

(2)(aaaaa)

(2)(bbbbb)

(2)(ccccc)

(2)(ddddd)

(2)(eeeee)

(2)(fffff)

(2)(ggggg)

(2)(hhhhh)

(2)(iiiii)

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PHILOSSAINT, ET AL. DISCOVERY INDEX

SEPTEMBER 23, 2022 

Page 5 of 153

FOLDER (2) (Continued): 

(2)(jjjjj)

(2)(kkkkk)

(2)(lllll)

(2)(mmmmm)

(2)(nnnnn)

(2)(ooooo)

(2)(ppppp)

(2)(qqqqq)

(2)(rrrrr)

(2)(sssss)

(2)(ttttt)

(2)(uuuuu)

(2)(vvvvv)

(2)(wwwww)

(2)(xxxxx)

(2)(yyyyy)

(2)(zzzzz)

(2)(aaaaaa)

(2)(bbbbbb)

(2)(cccccc)

(2)(dddddd)

(2)(eeeeee)

(2)(ffffff)

(2)(gggggg)

(2)(hhhhhh)

(2)(iiiiii)

(2)(jjjjjj)

(2)(kkkkkk)

(2)(llllll)

(2)(mmmmmm)

(2)(nnnnnn)

(2)(oooooo)

(2)(pppppp)

(2)(qqqqqq)

(2)(rrrrrr)

(2)(ssssss)

(2)(tttttt)

(2)(uuuuuu)

Case 9:22-cr-80144-RS Document 44 Entered on FLSD Docket 09/23/2022 Page 10 of 11
PHILOSSAINT, ET AL. DISCOVERY INDEX

SEPTEMBER 23, 2022 

Page 6 of 153

FOLDER (2) (Continued): 

(2)(vvvvvv)

(2)(wwwwww)

(2)(xxxxxx)

(2)(yyyyyy)

(2)(zzzzzz)

(2)(aaaaaaa)

(2)(bbbbbbb)

(2)(ccccccc)

(2)(ddddddd)

(2)(eeeeeee)

(2)(fffffff)

(2)(ggggggg)

Case 9:22-cr-80144-RS Document 44 Entered on FLSD Docket 09/23/2022 Page 11 of 11