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UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO. 22-CR-60242-AHS-1 

UNITED STATES OF AMERICA, 

 Fort Lauderdale, Florida 

 Plaintiff(s), 

 December 2, 2022

 vs. 

TSVIA KOL, 

 

 Defendant(s). Pages 1 - 51 

----------------------------------------------------------- 

DETENTION HEARING 

TRANSCRIBED FROM DIGITAL AUDIO RECORDING 

BEFORE THE HONORABLE CHRIS M. MCALILEY 

UNITED STATES MAGISTRATE JUDGE 

APPEARANCES: 

FOR THE PLAINTIFF(S): ALEXANDRA COMOLLI, ESQ. 

 UNITED STATES ATTORNEY'S OFFICE 

 9 NE 4th Street 

 Miami, FL 33131 

 305-961-9303 

 alexandra.comolli@usdoj.gov 

FOR THE DEFENDANT(S): JASON W. KREISS, ESQ. 

 1824 SE 4th Avenue 

 Fort Lauderdale, FL 33316 

 954-525-1971 

 jwk@kreisslaw.com 

 

TRANSCRIBED BY: Joanne Mancari, RPR, CRR, CSR 

 Court Reporter 

 jemancari@gmail.com 

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Thereupon, 

the following proceedings were held: 

THE COURT: In a moment I will call each defendant one

at a time to the podium and I will speak to you about your

case, but before I do that I want to advise you of certain

legal rights that you have in this court.

First, you have the right to be represented by an

attorney. If you have the financial means to hire a lawyer,

that is your job. If you are financially unable to do that,

you will be able to tell me that and I will have you sworn to

tell the truth and then I will ask you questions about your

finances so that I can decide if the law permits me to appoint

an attorney to represent you at no cost to you.

Because I will be asking you some questions, I want to

explain your Fifth Amendment right against self-incrimination.

You have the right under our Constitution to not be

compelled by the government to incriminate yourself, that is,

to give information to the government that helps the government

prosecute you. If you were to say something in court today

that the government heard and your words helped the government

prosecute you, the government could take your words and use it

as evidence against you, and you have the right to not be

compelled to do that.

So when I ask you some questions, if you think that

your answer to any of my questions might show you have

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committed a crime, you have the right to not answer my

questions, and that is true every time you are in court.

For those of you who have been arrested on a criminal

complaint, you have the right to have the government in next

couple of weeks go to a grand jury with evidence about your

case.

A grand jury is made up of citizens called to jury

duty. They don't work for the government. Instead, they kind

of look over the government's shoulder. They hear the

government's evidence and decide if they agree with the

government that there is enough evidence to accuse you of a

crime. We call that probable cause. Did you probably commit a

crime. If a grand jury makes that finding, it would accuse you

of a crime with a document called an indictment.

The grand jury doesn't decide if you are guilty or

not -- that is for trial later on -- just if it is OK to charge

you with a crime. For some of you that might be coming up.

The government has the right under certain

circumstances to ask the court to order that a defendant stay

in jail until trial. We call that pretrial detention. The

government lawyer will tell me for each of you what the

government's position is about whether you get out on a bond or

not.

If the government asks that you be held in pretrial

detention, you will have a right to a detention hearing

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sometime next week. If the government agrees you should get

out on a bond but you all can't agree about the amount of bond

and the kind of bond, you have the right to a bond hearing.

Really the same thing happens at a detention or a bond

hearing, that is, the government's lawyer and your lawyer will

present evidence and argument to the judge, and once the judge

has heard from both sides the judge will decide if he or she

thinks you should be held without a bond until your trial or

whether you might get out on a bond.

If the judge decides to let you out on a bond, the

judge will decide the kind of bond, the amount of the bond, and

other special conditions that are attached to that.

If you are not a citizen of the United States, you

have the right to request a government lawyer or agent to

notify the consulate of the country where you hold citizenship

that you are here and you have been accused of a crime.

Would you raise your hand if any of you did not

understand any of the rights I have just described? OK.

(Pause) 

THE COURT: Tsvia Kol, case No. 22 60242.

I have signed an order unsealing the indictment.

MS. COMOLLI: Good afternoon, your Honor. Alexandra

Comolli on behalf of the United States.

THE COURT: OK.

MR. KREISS: Good afternoon, your Honor. Jason Kreiss

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on behalf of Tsvia Kol, who is standing to my left.

THE COURT: OK. Are you entering a temporary right

now?

MR. KREISS: I entered a temporary appearance this

afternoon, your Honor.

THE COURT: All right. Ms. Kol, did you understand

the legal rights that I explained at the beginning? You will

want to speak into that microphone.

THE DEFENDANT: Yes.

THE COURT: You do. OK. Very good.

An indictment has been filed and it has three charges.

The first charge is that between August of 2020 and

November of 2020, in Broward County, that you conspired with

others to possess with intent to distribute at least 500 grams

or more of methamphetamine. 

Then there are two charges that concern the date

November 12th of 2020. They charge that on that date you

attempted to possess with intent to distribute that

methamphetamine and that you did possess with intent to

distribute methamphetamine.

So do you understand that that is a summary of the

charges filed against you?

THE DEFENDANT: Yes.

THE COURT: OK. All right. What is the government's

position about Ms. Kol's release?

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MS. COMOLLI: Your Honor, this is a presumption case.

We will be seeking detention.

THE COURT: OK. So three days would be December 7th,

Wednesday.

Does that work for you, Mr. Kreiss?

MR. KREISS: I'm actually prepared to go forward this

afternoon, if the court can accommodate a hearing.

THE COURT: Do you have an agent?

MS. COMOLLI: I do have an agent here, your Honor.

THE COURT: Then what I'd like to do is take care of

the other cases and re-call you.

MR. KREISS: Great.

THE COURT: OK.

MS. COMOLLI: Thank you, your Honor.

MR. KREISS: Thank you.

THE COURT: OK.

(Recess)

MS. COMOLLI: Good afternoon again, your Honor.

Alexandra Comolli on behalf of the government.

THE COURT: OK. Could you spell your last name,

please.

MS. COMOLLI: Yes, your Honor. Comolli,

C-O-M-O-L-L-I.

THE COURT: Alexandra?

MS. COMOLLI: Yes. Yes, Judge.

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THE COURT: OK. Defense counsel. I'm sorry.

MR. KREISS: Good afternoon again, your Honor. Jason

Kreiss --

THE COURT: OK.

MR. KREISS: -- on behalf of Ms. Kol, who is standing

to my left.

THE COURT: OK. On what grounds is the government

asking that Ms. Kol be detained?

MS. COMOLLI: Yes. The government will be proceeding

on danger to the community and risk of flight.

THE COURT: Is there a statutory presumption?

MS. COMOLLI: There is, your Honor.

THE COURT: OK. I know it is late, but I still want

to catch every word you say, so please don't speak so fast.

MS. COMOLLI: I am from the northeast, but I will do

my best to slow down.

THE COURT: Yes, slow it down. This is important

stuff.

MS. COMOLLI: It is.

THE COURT: OK. So you can proffer the direct

testimony of your witness.

MS. COMOLLI: Yes, your Honor. May I start by saying

that at the time of the charged conduct, I'd like you to just

consider that FDC was limiting who could be held there and

there was a freeze on grand juries due to the COVID pandemic.

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We were right in the height of it in November 2020. So given

that situation and Ms. Kol's initial cooperative and extensive

drug connections, law enforcement decided to use her as an

informal cooperator without a formal written agreement.

Ms. Kol orally agreed to provide information on

shipments and coconspirators to law enforcement, and she also

agreed to stop engaging in illegal activity.

THE COURT: I am not understanding what you are

saying.

MS. COMOLLI: I apologize, your Honor.

THE COURT: I did not have a chance yet to read the

Pretrial Services report, which I will do.

MS. COMOLLI: I see. OK.

THE COURT: OK. That would help.

MS. COMOLLI: I can come back to that at the end to

provide that and I will just start with the conduct then.

THE COURT: OK.

MS. COMOLLI: OK. So in early November 2020, law

enforcement seized a package in the Southern District of

Florida and conducted a dog sniff on that package. This

resulted in a positive alert for drugs. They then obtained a

search warrant for the package and inside found approximately

1,321 grams of 93 percent pure methamphetamine.

Afterwards, law enforcement attempted to do a

controlled delivery of the package, after replacing the meth

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Case 0:22-cr-60242-AHS Document 18 Entered on FLSD Docket 01/17/2023 Page 8 of 51
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with sham drugs, and a courier came and picked up the package.

When that courier was approached by law enforcement, she told

officers that she was just a courier and confirmed that and

that she had also, she was supposed to meet with an Israeli

woman known as Sapir Kol, whom she had previously purchased

meth from in clubs.

She then called -- the courier --

THE COURT: How is this a controlled delivery?

MS. COMOLLI: Where law enforcement went with the

courier to meet with -- I apologize. Controlled delivery, it

simply just means, your Honor --

THE COURT: I know what a controlled delivery is.

MS. COMOLLI: I'm sorry.

THE COURT: This courier is someone who was meant to

get the package.

MS. COMOLLI: Yes.

THE COURT: How did that person -- was the package

addressed to that person?

MS. COMOLLI: I don't recall if it was specifically

addressed for her, but I do know when it was held she did call

in asking about the package.

THE COURT: OK. So this person who is a courier

called to ask about this package, was expecting it --

MS. COMOLLI: Yes, your Honor.

THE COURT: -- somehow, and she was supposed to

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deliver it somebody, and it turned out to be the defendant,

right?

MS. COMOLLI: Yes. That's correct.

THE COURT: OK.

MS. COMOLLI: Yes. That's correct, your Honor.

THE COURT: And the courier said the defendant has

sold me meth before?

MS. COMOLLI: Yes, correct.

The courier then called the defendant and the

defendant then told her not to open the box and discussed

precisely where to meet in Hallandale Beach for the transfer,

where she would be picking up the box from her.

So law enforcement surveillance thereafter witnessed

the courier hand the package to the defendant, who then placed

the package with the sham meth on the driver's seat of her car.

After law enforcement arrested --

THE COURT: Hold on. Hold on.

MS. COMOLLI: Yes.

THE COURT: OK.

MS. COMOLLI: OK. After law enforcement arrested her,

Ms. Kol signed a written Miranda waiver and consent forms to

search her car, her phone, and her residence, as well as she

had stated to law enforcement that she had more drugs there.

THE COURT: Car, home, and --

MS. COMOLLI: Car, phone, and her residence.

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THE COURT: -- and her phone.

MS. COMOLLI: Yes.

THE COURT: The car, the home, and the phone.

MS. COMOLLI: Yes.

THE COURT: She gave a consent to search.

MS. COMOLLI: All three, yes.

THE COURT: And she made statements, Ms. Kol made

statements that --

MS. COMOLLI: There were drugs at her home.

During that interview, Ms. Kol admitted to knowing the

package contained 3 pounds of methamphetamine and gave

additional details about her involvement with drug traffickers

from Sinaloa, Mexico.

THE COURT: I'm sorry. Can you go more slowly.

MS. COMOLLI: Of course, your Honor. I'm so sorry.

THE COURT: We do want to leave before the air

conditioning goes off and the marshals whatever, have to deal

with the situation, but I need to hear it.

MS. COMOLLI: No, of course.

THE COURT: So the defendant knew there was 3 pounds

of meth in the package and?

MS. COMOLLI: And she also provided law enforcement

with additional details about her involvement with drug

traffickers from Sinaloa, Mexico.

THE COURT: OK.

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MS. COMOLLI: They then proceeded directly to --

"they" being the law enforcement officers and the defendant --

proceeded directly to her residence, where law enforcement

found an additional 500 grams of methamphetamine and several

baggies, pipes, and scales out in the open throughout the

house.

THE COURT: Who does she live there with?

MS. COMOLLI: She lived there with her boyfriend.

THE COURT: OK.

MS. COMOLLI: She did ask -- she called ahead and

asked the boyfriend to leave the house before they got there so

that there was no incident.

Also in the house officers found dozens of fentanyl

pills, weighing approximately 58 grams, in an open safe inside

the single bedroom, as well as other drugs that were more

consistent with personal use, including several oxycodone

pills, a bag of mushrooms, and three MDMA pills scattered

throughout the apartment.

THE COURT: OK.

MS. COMOLLI: As I mentioned before, your Honor,

Ms. Kol agreed to an informal cooperation with law enforcement

where she --

THE COURT: What do you mean "informal?"

MS. COMOLLI: There was no written formal agreement

regarding her cooperation.

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THE COURT: OK.

MS. COMOLLI: But she was told specifically to stop

engaging in illegal activity outside of her cooperation with

law enforcement.

THE COURT: So they made a decision to not arrest her

at that time.

MS. COMOLLI: Correct. And again, that was based on

the pandemic at the time, given that grand juries were -- there

was a freeze on grand juries and FDC was limited.

THE COURT: So that was the reason --

MS. COMOLLI: Those were two of the reasons. The

other reasons, your Honor, were her cooperation at the time,

and particularly her extensive, her extensive connections with

coconspirators.

THE COURT: That cooperation might be productive.

MS. COMOLLI: Yes. Correct.

THE COURT: So you're saying that law enforcement said

I think she might be able to really help us and --

MS. COMOLLI: And what ended up happening, your Honor,

is that --

THE COURT: -- if she was arrested there would be

delays on indictment and all of that.

MS. COMOLLI: Yes. Correct, your Honor.

So in July 2021, Ms. Kol met with law enforcement and

voluntarily admitted to picking up a package of methamphetamine

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that weighed approximately 15 pounds and distributing it to

several coconspirators without law enforcement's approval,

which, again, was an original condition of their informal

agreement and something she acknowledged in that recorded

interview.

THE COURT: So we go from November 2020 to July 2021.

MS. COMOLLI: Yes, your Honor.

THE COURT: Is she cooperating in between those times?

MS. COMOLLI: I --

THE COURT: Is she providing information?

MS. COMOLLI: I'm not sure the full extent of her

cooperation, but I do believe that -- I have an agent here who

is able to speak to that.

THE COURT: Just to orient me, the dates in the

indictment are all about the first package --

MS. COMOLLI: Yes.

THE COURT: -- the package she was arrested on.

MS. COMOLLI: Yes. They are all about that first

pickup and the methamphetamine in the residence, correct.

THE COURT: You apparently decided you could not

charge her on what she said she did in July.

MS. COMOLLI: Yes, we decided not to charge that.

THE COURT: OK.

MS. COMOLLI: That concludes our proffer at this time,

your Honor.

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THE COURT: OK.

Mr. Kreiss.

MR. KREISS: I would like to inquire from the agent,

if I may, your Honor.

THE COURT: OK.

MR. KREISS: If I can have just one moment, please,

just to speak with Ms. Kol.

THE COURT: Speak with Ms. Kol and let me read through

the Pretrial Services report real quick, which, fortunately, is

not very long.

(Pause)

THE COURT: And who is our witness?

MS. COMOLLI: Your Honor, the government tenders

United States Postal Inspection Service special agent Daniel

Borja.

THE COURT: OK. Come on up.

Sir, do you solemnly swear or affirm that the

testimony you give will be the entire truth?

THE WITNESS: I do.

 DANIEL BORJA, 

 called as a witness by the Government, 

 having been duly sworn, testified as follows: 

THE COURT: OK. Have a seat. Get close to the

microphone. Tell us your name and spell your last name,

please.

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 Borja - Cross

THE WITNESS: My name is Daniel Borja. Last name is

B-O-R-J-A.

THE COURT: B-O-R-J-A, and you're a U.S. postal

inspector, right?

THE WITNESS: Correct.

THE COURT: OK.

CROSS-EXAMINATION 

BY MR. KREISS: 

Q Good afternoon.

THE COURT: You want to speak into that microphone.

Q Good afternoon, or it might even be good evening, agent.

A Good evening.

Q So you're the case agent in this matter?

A I'm the co-case agent. I represent the United States

Postal Inspection Service. The other co-case agent is Matt

Green with the DEA.

Q OK. Great. And you heard the government's proffer,

correct?

A Correct.

Q And do you have any additions or deletions or would you

modify it in any way?

A No.

Q OK. So you would accept that as true?

A Yes.

Q OK. The government had indicated that a package was

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 Borja - Cross

intercepted.

A Correct.

Q Is that a U.S. Postal or through one of the private

carriers?

A Postal.

Q OK. Was there intel provided regarding the package or was

it a random drug sniff? How did that interception happen?

A Random. I search postal databases from source cities, like

LA, where this parcel came from, coming into our area and we

just profile them randomly.

Q So you search databases and you can see where the packages

are coming from?

A Correct.

Q And what about this package indicated to you that?

A Source city. LA is a source city for methamphetamines. We

get hundreds of kilos of meth and fentanyl from LA during the

months, years, countless numbers of parcels with drugs.

Q Understood. I would assume we get hundreds, thousands,

maybe hundreds of thousands of packages yearly from Los

Angeles. What made this particular package stand out?

A Like I said, the source city, the weight. It was sent

overnight. Drug dealers like to use overnight express mail to

make sure the product gets there the very next day. It is a

preferred method of mailing drugs.

Q Anything else that made this particular package stand out

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 Borja - Cross

to you?

A No.

Q So what actually happens at that point? Do you get a bar

code and you are alerted when the package gets to you?

A So I will stop the parcel. I will get it. I look up the

address to see if they got previous parcels. Then I will get a

dog to hit on it, narcotics dog. In this case the dog hit on

this parcel.

Q So were there any other indications besides the package

coming from Los Angeles, the weight, and the fact that it was

overnight that indicated to you that it might contain

narcotics?

A No.

Q OK. And the dog that was utilized, was that a Postal dog,

DEA dog?

A It was DEA/TFO dog. We don't have dogs. Postal doesn't

have dogs.

Q OK. Whose dog was it?

THE COURT: Is this really important, whose dog it

was?

MR. KREISS: Well, we started with a random parcel

getting searched.

THE COURT: Right.

MR. KREISS: It appears it is not so random. There is

a package that was --

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 Borja - Cross

THE COURT: Right. It is a dog, a dog that alerted.

So I think we need to move on.

MR. KREISS: OK.

BY MR. KREISS: 

Q So the dog alerts to the package. What happens at that

point?

A We apply for a search warrant. We get a search warrant.

We open it up, execute the search warrant, find out it contains

about 1.5 kilos of methamphetamine, and then we plan for a

controlled delivery.

Q Was it a state or federal search warrant?

A Federal.

Q And at that point had you done any investigation to

determine the source at that point?

A The source of where it came from?

Q Correct.

A Right now we are focused, at that point we were focused on

the recipient, and based on Postal databases the recipient

actually called in for that parcel. So they were very

interested in the whereabouts of where it was. As far as the

other source, no.

Q So at that point it's packaged up, narcotics are put back

in, and there is a delivery to this other source, correct?

A Correct.

Q The recipient?

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 Borja - Cross

A Correct.

Q Once you deliver the package to the recipient, you had

indicated the recipient said that Ms. Kol had sold her

narcotics before?

A Correct.

Q Particularly, you said methamphetamine.

A Correct.

Q Do you have any -- first of all, was that statement

recorded?

A I can't recall.

Q OK. Was that person arrested, the recipient?

A No, she was not arrested.

Q Why not?

A For the same reason Kol wasn't arrested, because during

COVID times FDC had, really didn't want to take anybody unless

they were a high-profile criminal. And also, we also used her

to cooperate to find Kol.

Q OK. Going back to what you just said, FDC didn't want to

take people unless they were high-profile criminals. That's

what you just said?

A Correct.

Q During that period of time, during COVID, and obviously

COVID kind of waned and there were times when it was more

serious, less serious, you made arrests and people were placed

into FDC, correct, that you believed were a danger to the

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community?

A During that time?

Q Correct.

A I really can't recall. I think that was my first -- I

don't know.

Q OK.

A I made very few arrests that year.

Q But you're aware of other agents making arrests and having

people placed in FDC during that period of time, albeit less

than the norm, correct?

A I don't recall. I just remember --

THE COURT: You know what, I got your point. Some

people got arrested. I think we should move on.

BY MR. KREISS: 

Q And that person, the recipient, still has not been

arrested, correct?

A Correct.

THE COURT: The recipient?

MR. KREISS: The recipient, the original recipient of

the package.

THE COURT: I thought the recipient is your client,

Ms. Kol. It was being delivered to her.

MR. KREISS: No, your Honor.

THE COURT: Did I misunderstand something?

MS. COMOLLI: I believe when he says recipient, he is

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referring to the original courier, the person who picked up the

package at the post office, who then brought the package to

Ms. Kol.

THE COURT: So the package was addressed to the

courier?

THE WITNESS: Correct.

THE COURT: The package was addressed to the courier.

THE WITNESS: Correct.

THE COURT: And the courier came and said my job is

just to give this to Ms. Kol.

THE WITNESS: Correct.

THE COURT: And you didn't develop a case sufficient

to arrest the courier, I take it.

THE WITNESS: Correct.

THE COURT: OK. But you did develop a case,

obviously, as to Ms. Kol. She gave consent. You found all the

drugs. She said she knew what was in the package, etc., right?

THE WITNESS: Correct.

THE COURT: OK. I understand. I don't know why it

matters what is happening with the courier. I'm really focused

on Ms. Kol.

MR. KREISS: I will move on, your Honor.

THE COURT: It was delivered to her and she made

admissions that -- didn't she make an admission that she knew

there was about 3 pounds of methamphetamine in the package?

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MR. KREISS: According to the --

THE COURT: That is my evidence.

MR. KREISS: -- the government's proffer.

THE COURT: Right. OK. I can only deal with what you

are proffering. So OK.

Then she knew about -- she had had prior dealings with

this Sinaloa cartel, Mexican cartel with drugs, and went to her

home and then there was the 500 grams of meth and the baggies

and the pills and the open safe and all that. There is a case

against Ms. Kol.

MR. KREISS: Absolutely.

THE COURT: I don't know why it matters what happened

to the courier --

MR. KREISS: Well, I think it's --

THE COURT: -- for what I'm trying to decide.

MR. KREISS: Sure. But I think it is relevant and it

goes to the weight of the evidence. There is obviously a

relationship and there was a transaction between the original

recipient, who was called the courier, I'm calling the

recipient, who then provided it to Ms. Kol.

I was going to ask if that person is cooperating at

this time and is that the reason they weren't arrested.

THE COURT: OK.

THE WITNESS: We haven't spoken to her since.

THE COURT: OK.

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BY MR. KREISS: 

Q Do you know her whereabouts?

A No.

Q OK.

THE COURT: OK.

BY MR. KREISS: 

Q Is there a warrant for her arrest?

A No.

THE COURT: It doesn't really matter to me, to be

perfectly honest. I don't know what I'm missing. I'm trying

to figure out what is happening to Ms. Kol.

MR. KREISS: Understood.

BY MR. KREISS: 

Q So ultimately the package is delivered to Ms. Kol and she's

cooperative with you, correct?

A Yes.

Q And she provided access to her telephone, her cell phone?

A Yes.

Q You were able to -- did you do like a Cellebrite

extraction?

A It was -- we downloaded information.

Q I'm sorry?

A Matt Green, DEA, he downloaded information from her phone.

Q And the government uses the word she was cooperative,

correct?

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A Yes.

Q And she provided you with intel of people she knew,

sources?

A Yes.

Q She provided you with information as to what she was doing?

A Yes.

Q So the original package is received at the Postal Service

on what date, do you recall?

A I don't recall.

Q The day that -- so it's probably maybe a day or so after?

A Day or so after?

Q The indictment is a conspiracy from August 2020 to November

2020. I'm trying to figure out the time frame when the package

is delivered to the Postal Service.

A It would be a few days. It would take a day to run the

dog, get the warrant, execute the warrant, get the ops plan

going. So a few days after it was delivered.

Q OK. So would it be fair to say maybe the beginning of

November?

A OK. Correct.

Q Does that make sense?

A Yes. You said August, though.

Q Well, that's the --

A OK.

Q The indictment talks and provides a date of August 2020, in

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and around, from in and around August 2020 through November

2020.

A OK. So it's November.

Q OK. So in November she starts -- she, Ms. Kol -- starts

providing you with intel, correct, and that is why you don't

arrest her?

A Correct.

Q And at that point in time you entered her apartment, her

condo. Would it be fair to say it was obvious that she was a

user of methamphetamine?

A 100 percent obvious.

Q You knew she had a drug problem?

A Yes.

Q You knew that she was an Israeli national?

A Correct.

Q OK. And you chose not to make an arrest at that point in

time?

A Correct.

Q She cooperates, and the government had mentioned a date in

July 2020 she comes forward and tells you, hey, I was involved

in this deal, correct?

A I believe it was July 2021.

Q I'm sorry. July 2021.

A Right. Correct.

Q OK. So from November 2020 through July 2021 Ms. Kol is in

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the community. You're aware of that, correct?

A Yes.

Q The concern about her danger or flight risk does not rise

to the level of needing to arrest her at that point, correct?

A Correct.

Q She's providing intel to you?

A Bad intel, but correct.

Q OK. Did you say bad intel?

A Bad intel.

Q It didn't pan out?

A It didn't pan out.

Q She attempted to provide cooperation, correct?

A Attempt is a good word.

Q OK. Through that entire period of time do you stay in

contact with her or do you assign someone else to?

A Someone else stayed in contact. The co-case agent, DEA

agent Matt Green, stayed in contact with her.

Q And then in July 2021 an issue comes up. You were working

to do a deal with her at that period of time, correct?

A Correct.

Q And you were aware of the deal that is ultimately

consummated, you were aware of it before it happened, correct?

You had been talking with her, planning to do it, correct?

A Correct.

Q And there was a problem with resources at that period of

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time, correct? Personnel, finances at that period of time.

A No. Not that I can recall. We had lots of people on that

case.

Q When Ms. Kol was ready to consummate the deal, law

enforcement was not, correct?

A It wasn't on Ms. Kol's terms. It was on the government's

terms. So --

Q When Ms. Kol was ready to do the deal with the people you

knew she was doing the deal with, the government wasn't ready

to consummate the deal, correct?

A I don't recall that.

Q OK. I understand what you are saying, that it's your

belief, position that she should be operating according to your

direction and other law enforcement direction, but you were

aware that she was involved in setting up a deal at that period

of time, correct?

A Correct.

Q OK. And ultimately the government wasn't able to move

forward, for whatever reason. And I don't know. I'm getting

involved in this case today.

A Ultimately she did the deal on her own, she lied to us, and

we were out of it.

THE COURT: This is the July 2021?

MR. KREISS: Correct, your Honor.

THE WITNESS: Correct.

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THE COURT: And you knew it was happening?

THE WITNESS: We were preparing for the deal and she

did it on her own --

THE COURT: I see.

THE WITNESS: -- without telling us.

THE COURT: I see.

BY MR. KREISS: 

Q And ultimately she told you that the deal was consummated,

correct?

A Correct.

Q OK. And at that period of time you didn't arrest her?

A No.

Q You didn't believe she was a great enough flight risk that

you needed to arrest her, correct?

A Correct.

Q You did not believe she was a danger to the community at

that point where you needed to arrest her, correct?

A I want to say she is not a danger to the community, but we

couldn't arrest her at that time.

Q You had probable cause -- you had a package delivered to

her, you searched her house, you had her phone. You had

probable cause to make an arrest, correct?

A Correct.

Q Again, at that point in time you didn't have -- it wasn't

necessary for the safety of the community or to secure her

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appearance in court, correct?

A Correct.

Q OK. When you went to Ms. Kol's house, you didn't seize any

significant currency, correct?

MS. COMOLLI: I'm sorry. Objection before on that

last one. It called for speculation on his answer about why

she wasn't arrested.

THE COURT: I don't remember.

MR. KREISS: It doesn't call for speculation, but --

THE COURT: What was the answer?

MR. KREISS: No. I had asked if the danger of flight

and danger to the community --

THE COURT: OK. I understand.

MR. KREISS: -- he said no. It is not speculation.

THE COURT: Right. It is whatever his testimony is.

Whatever he knows. That's fine.

BY MR. KREISS: 

Q When you went to her house, she didn't have any currency

that you seized, correct?

A No currency, but there was a money counter, and she did

speak of high amounts of cash that she would have at certain

amounts of time.

Q OK. She was essentially a middle person, correct?

A I wouldn't say a middle person because she received large

quantities of kilos of methamphetamine. She admitted to -- I

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can't give you an exact number, and I would have to look back

at my paperwork, but at least, including the deal, at least 30

kilos.

THE COURT: I'm sorry. You're saying that she

acknowledged to at least 30 kilos of methamphetamine?

THE WITNESS: Right. Right.

THE COURT: That she was involved in trafficking?

THE WITNESS: Correct.

BY MR. KREISS: 

Q You don't have any evidence that supports that other than

what you are saying here today, correct?

A The only evidence is the 100 percent concrete evidence that

we have right now at this point is the 1.3 and the 500 grams we

took, but she also admitted to taking, to receiving, on the day

of the interview -- I would have look at it -- at least 10 more

kilos of methamphetamines, and in the deal that she lied to us

about was 15 pounds, I believe.

Q The one that was done for the purpose of cooperation,

correct?

A Correct, that she lied to us about.

Q OK. Again, you didn't seize any currency, correct?

A No.

Q Didn't seize any bank accounts?

A No.

Q Didn't seize any cars?

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A No.

Q Didn't seize any other assets that would be consistent with

someone who is a high-level drug trafficker, correct?

A Correct.

Q And you, again, for two years, have been investigating this

case?

THE COURT: I got that point.

Q Correct?

A Correct.

THE COURT: I got that.

BY MR. KREISS: 

Q It was Matt Green that arrested her most recently, correct,

to bring her here?

A Correct, and I was there as well.

Q OK. And Ms. Kol was cooperative?

A Yes.

Q OK. I spoke with Matt Green earlier. He indicated she

didn't give you any trouble at all during her arrest?

A No.

Q Didn't try to run or hide from you or evade you in any way?

A No.

Q When you arrested her again, you again didn't seize any

weapons, currency, assets of anything, of any nature that would

be significant with a drug trafficker, correct?

A Correct.

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Q OK. And you're aware -- I'm assuming that she lives in a

condo that's owned by her mother, who is present in court?

A Correct.

Q And during this period of time, the approximate two years

you have been investigating the case, you or someone else, I'm

assuming, kept a pretty close eye on her, correct?

A On and off.

Q OK. If there were any signs that she was going to flee or

further endanger the community, she would have been arrested,

correct?

A Correct.

Q OK. And at this point in time today, when she is arrested

here, there is nothing in addition to what we've spoken about

that caused her arrest except it was time to present the case.

It had passed from one prosecutor to another prosecutor and it

was time to file, correct?

A Correct.

THE COURT: Hold on just one second.

(Pause)

THE COURT: OK. Thanks. Because of the construction

in this building there are days in which by 6 p.m. everything

is off to save our data, but we need to record this, and to

record this requires to have devices up. I want to finish this

because I think we are close to finishing.

MR. KREISS: We are very close, your Honor.

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THE COURT: We are.

(Pause)

THE COURT: OK. Anything else?

MR. KREISS: I'm sorry, your Honor. No further

questions.

THE COURT: OK. Any redirect?

MS. COMOLLI: Yes, your Honor, just briefly.

REDIRECT EXAMINATION 

BY MS. COMOLLI: 

Q Agent Borja, did law enforcement provide approval to pick

up, to Ms. Kol to pick up the 15 pounds of meth that day?

A Did we provide approval?

Q Provide approval.

A No, no.

Q No. OK.

THE COURT: I got that. She did that without --

MS. COMOLLI: No further questions, your Honor.

THE COURT: Right.

I have a question for you, sir. After July of 2021

when Ms. Kol admitted that she went out on her own without

working with law enforcement on this 15-pound delivery, what

happened between July of 2021 and her indictment in November of

2022?

THE WITNESS: Your Honor, to my understanding there

was just a problem with getting prosecution for whatever

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reason.

THE COURT: So you did not, law enforcement did not

work with her anymore.

THE WITNESS: No. After that we completely shut off

communications.

THE COURT: I see. OK.

Do you happen to know if Israel has an extradition

treaty with the U.S.?

THE WITNESS: I do not know, your Honor.

MS. COMOLLI: Your Honor, I can speak to that.

THE COURT: There is a treaty but there is a

limitation on Israeli citizens.

MS. COMOLLI: Yes, that is correct, your Honor. They

do not extradite their own citizens, especially for drug

crimes.

THE COURT: OK.

(Pause)

THE COURT: OK. Is there any other government

evidence?

MS. COMOLLI: Evidence, no, your Honor. Just

argument.

THE COURT: OK. Is there defense evidence?

MR. KREISS: No evidence, your Honor.

THE COURT: Let me talk to the government first. What

are the advisory sentencing guidelines?

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MS. COMOLLI: Yes, your Honor. So even with safety

valve eligibility she is still facing an incredibly high

sentence. The guideline sentence here, with a Criminal History

Category of I and a 38 adjusted offense level, is 235 months to

293 months. I will add with acceptance and the safety valve,

that drops to still very high. 135 to 168.

THE COURT: OK. All right. The rest of your

argument.

MS. COMOLLI: Yes, your Honor. So as I mentioned

before, this is a presumption case. This is a very strong case

that we have here. The defendant confessed to this and, as I

mentioned, she is facing a very high sentence even with

acceptance and the safety valve. We are talking about over

1800 grams of meth. Over 4 pounds. That is a street value of

anywhere from 12 to almost 17,000 dollars.

THE COURT: As you put together the 1.3 kilograms with

the 500 kilograms found in her home --

MS. COMOLLI: It was 1,321 grams and the 500 in her

home, yes.

THE COURT: And that gets you to -- that is the amount

of drugs that you're talking about.

MS. COMOLLI: Yes, to 1800.

THE COURT: OK.

MS. COMOLLI: Over 1800.

THE COURT: That is no creative math then because

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those are drugs actually in her possession.

MS. COMOLLI: Yes.

THE COURT: I understand your reasoning on that and it

makes sense to me. OK.

MS. COMOLLI: But even more important than the

presumption, your Honor, I would also just like to emphasize

that they found dozens of fentanyl pills in her apartment,

weighing over 58 grams. As your Honor I am sure is aware, that

is the most deadly drug there is out there, and the opioid

epidemic has wrought a terrible toll on not only our country

but our community here in South Florida.

THE COURT: I got that. It is bad.

MS. COMOLLI: Yes. With that, your Honor, I think

also I would like to point out that she is a legal permanent

resident, originally from Israel. That is where she grew up.

She's traveled there --

THE COURT: Do you have any idea how much she's

traveled there?

MS. COMOLLI: I know the most recent travel she had

there was 2019, which was right before the pandemic started,

and that she had international travel at least once a year

since 2012.

As I mentioned, your Honor -- sorry. As you pointed

out, your Honor, Israel doesn't extradite, and so --

THE COURT: Its own citizens.

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MS. COMOLLI: Its own citizens, correct.

THE COURT: What I don't know is what it would --

that's right, she is not a citizen here. She is a permanent

resident.

MS. COMOLLI: She is a legal permanent resident.

THE COURT: Right.

MS. COMOLLI: So actually, as I'm sure you're aware,

what that means is that she will be deported upon conviction,

and there is really no discretion on that.

So given the strength of the case against her and her

deportation upon conviction, why wouldn't she just take off,

especially -- I know she mentioned she has a father in Israel.

While she claims limited contact with him, she not only has the

father but two half siblings there. Her family here, as I

understand it, are also Israeli citizens and could very well go

join her there if they so choose.

I think also, your Honor, I would say she has $560 in

a bank account. She's been unemployed for a year. The

connections here are really just through the family, who are

also able to leave the country as they please.

Then I would also just proffer, your Honor, or argue,

your Honor, that the fact that she agreed to cooperate with the

government and then couldn't follow the rules demonstrates an

inability to follow rules there and it casts a questionable

shadow over whether or not she can comply with the conditions

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of bond. Again, there that she admitted to when she did not

follow the rules there, that was 12 pounds of meth. That's

5,443 grams, approximately. That's a lot of meth, if I may

say.

So in viewing through, as you mentioned, sort of the

little narrow blinders of bond here, we feel that we have a

very strong case for detention here based on both danger to the

community and risk of flight.

THE COURT: OK. So, Mr. Kreisser -- am I saying your

name right?

MR. KREISS: Kreiss.

THE COURT: Kreiss. Sorry about that.

MR. KREISS: The first issue, your Honor, I think the

guidelines are actually significantly less. We are talking

about 1.8 or so kilos, correct?

MS. COMOLLI: No, it is not kilos. It is grams.

MR. KREISS: Well, you have 1800 grams, correct?

MS. COMOLLI: Sorry. I apologize. Meth is not my

strong suit. That is why I became a lawyer.

THE COURT: It is a little under 2 kilograms of

methamphetamine, right?

MR. KREISS: Correct. That would give us a base of

32. It is charged as methamphetamine. 1.5 kilos to 5 kilos is

a base of 32, less 2 for safety valve, with an additional

reduction of 3 for acceptance of responsibility.

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MS. COMOLLI: Sorry. I apologize. That is with a

specific offense characteristic, maintaining a premises for

distribution, which adds the 2-level increase. I apologize.

THE COURT: That is her reasoning.

MS. COMOLLI: Yes.

THE COURT: OK.

MR. KREISS: So we would be two levels high. We still

wouldn't be at 200 some odd --

THE COURT: What do you think you would be at?

MR. KREISS: Well, my calculations, and it remains to

be seen whether or not the premise would be proven, would be 70

to 87 months.

THE COURT: OK.

MR. KREISS: Which is a third of what the government

had proffered.

Two levels higher would be, I am going to say --

THE COURT: It would be about half of the 135 to --

(Pause)

MR. KREISS: I can look it up.

THE COURT: OK.

MR. KREISS: Maybe 87. Less than 100 months. I don't

think that is an insignificant amount of time. That is a

tremendous --

THE COURT: It is not. It is not.

MR. KREISS: That is a tremendous amount of time for

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someone who's never been in trouble.

THE COURT: It is more than five years.

MR. KREISS: Correct.

THE COURT: Right.

MR. KREISS: Absolutely.

MS. COMOLLI: Again, I would like to point out the

statutory minimum here is ten years for what's charged.

THE COURT: OK. Let's let Mr. Kreiss finish.

MS. COMOLLI: Yes, your Honor.

MR. KREISS: Again, she would not be -- on a plea, she

would receive significantly less.

Anyway, I think the court is going to be concerned

certainly about Ms. Kol's nationality. She is a permanent

resident. Her criminal history is a prior petty theft. She

has been a resident of this community for almost 20 years. Her

mother is present in court. She's been here -- I can have her

stand up.

THE COURT: I see her back there.

I see you there. Thank you for coming.

MR. KREISS: Her name is Sigly Yepes, Y-E-P-E-S. I

talked to her about foreseeing the court's concern. Her mom is

a United States citizen, but Israeli citizens have dual

passports. So she has a U.S. and Israeli passport. She would

be willing to turn in her passport, surrender her passport as

part of a bond package, which I know the government had made

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mention of the concern that she could go back to Israel, her

family would go with her.

Her uncle is also here. His name is Avi, last name

G-O-L-D-S-M-I-T. He is also willing to surrender his documents

and also cosign on a bond for her.

Both her mom and uncle are United States citizens.

They are in the cell phone accessory business. They have

retail establishments in a mall. They sell all kinds of

accessories.

Her mom has a condo that she owns free and clear.

That is the residence that Ms. Kol lives in. That is located

at 270 L-A-Y-N-E Boulevard, Hallandale Beach. That residence

is owned by her mom free and clear. Ms. Kol lives at that

residence. The value, I looked online, is approximately

$125,000.

Her uncle also has a residence that is owned free and

clear located at 4805 Southwest 32nd Terrace, Fort Lauderdale.

He purchased it about ten years ago. I looked online. I think

a conservative value is $275,000.

THE COURT: With no mortgage.

MR. KREISS: With no mortgage as well.

It is obvious, your Honor, that government, law

enforcement at the time did not feel that Ms. Kol was a danger

to the community or a significant flight risk. For two years

they have been, surveilling may not be the right word, but

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keeping tabs on her. They knew she was an Israeli national.

They knew her ties to Israel, they knew her ties here, and they

felt comfortable keeping her.

There was an issue, and I don't think we have seen the

end of what that attempted cooperation was. I'm going to

investigate it. Again, I'm here today for the first time

learning about all of this, but this was an attempted

cooperation. It went bad. Again, law enforcement chose not to

arrest her. They knew her ties. They knew the issue she had.

Again we are here two years -- we are here a year later and

still there wasn't an arrest made.

I practiced through COVID. I know the court did. We

had lots of challenges, but people who were a danger to the

community were arrested.

I think at this point in time I don't think the

government has met their burden in this case. I think it is

clear the actions --

THE COURT: What bond do you suggest?

MR. KREISS: So I was going to ask the court to

consider a $100,000 10 percent bond, cosigned by both her mom

and her uncle, with a condition that neither of them encumber

their properties, with an additional personal surety bond of

$200,000, which, again, they have the property to support in

the event that she would violate her bond. Both of them would

surrender their passports.

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I have talked to Ms. Kol. I think an appropriate

condition of bond would be a substance abuse evaluation and any

treatment. I don't think a curfew is out of line in this case

to give the court a comfort level in order to secure her

appearance and avoid any danger to the community.

THE COURT: OK. So, Ms. Kol, I agree with -- first of

all, you have done a heck of a job, Mr. Kreiss, for just

showing up today and getting your arms around this. So I give

you a lot of credit. You have got a good lawyer here working

for you.

I agree with Mr. Kreiss on danger to the community,

but I don't agree with you on risk of flight. That is my

concern. The argument that you have stressed, which is very

true, is that for certainly from July of '21, when Ms. Kol made

clear that she couldn't keep her promise to cooperate with the

government, from July of '21, 2021 until November 8th, whatever

happened at the U.S. Attorney's Office, they weren't indicting

the case.

Look, it is a danger to be dealing in methamphetamine

or fentanyl or in any of that, and it does sound like Ms. Kol

has a terrible dependency on methamphetamine. That is the

impression I have. But, and if I'm correct -- and, Ms. Kol, I

am speaking to your parents here, to your mother and your

uncle, who I appreciate are here, and your family. It is very

much in your favor.

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My best understanding is that you have a terrible

dependency on methamphetamine, which really impairs judgment

and people can be involved in a lot of wishful thinking, and

you weren't arrested all this time and I can imagine you may

have been hoping this whole thing would just blow over, but

here you are. I think it is a different situation now. You

have been arrested.

Let's take your attorney's, this kind of

back-of-the-envelope calculations of the guidelines.

MS. COMOLLI: Your Honor, I actually did look it up

just quickly to make sure that we're correct here. It is under

2D1.1(a)(5), and in looking to the drug quantity table, the

base is 36, for at least 1.5 kilograms but less than 4.5

kilograms --

THE COURT: OK.

MS. COMOLLI: -- of methamphetamine.

THE COURT: At this point I am not going to continue

with that because let me take --

MS. COMOLLI: Just for the record.

THE COURT: -- your attorney's best, most favorable

guess for you on the guidelines, which is a very quick one.

That is putting you, assuming you are convicted -- and frankly,

the weight of the evidence against you is extremely high. I

don't see a real defense for you. I mean, you have got a good

attorney and he can work on it, but best-case scenario you're

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looking at guidelines --

MR. KREISS: Judge, I apologize for interrupting. Is

it possible to get a bit of water? Ms. Kol is feeling faint.

THE COURT: Yes. Why not pull up a chair. Why not

pull up a chair for her. OK.

(Pause)

THE COURT: OK. So my reasoning is that at this point

the odds are very high, and I think Ms. Kol would understand

it, that she will be convicted and that she will be sentenced

to a period of incarceration of a number of years, and that

allows for the possibility of acceptance and maybe some

downward departure, but it still would be measured in years.

MR. KREISS: Absolutely.

THE COURT: So I think where Ms. Kol's thinking might

be today would be very, very different than where it was for

that period of time that she was known to law enforcement but

at liberty.

I do appreciate the fact that -- you beat me to it. I

was thinking about it. Thinking about, well, family could

surrender passports also. OK. They surrender their passports.

If Ms. Kol makes her way to Israel, which I do think is

something that can be done even without a passport. I am not

going to lay out how I think somebody can do it, but I think it

is doable. She would be there. Her parents would be here.

OK. They still have their -- they are still here. They are

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not going to lose their citizenship because their daughter

left. Then she is an Israeli citizen, and that has been my

understanding, that Israel will not extradite its own citizens.

So there is a path there for someone who has the

extremely poor judgment that goes along with a dependency on

methamphetamine to get herself out of here.

I see you want to say something so I'm stopping.

MR. KREISS: I think, and I agree with the court, but

I think seeing you, seeing that seal, seeing those flags is a

reality check. Being in her situation, cooperating with DEA --

THE COURT: They are not cooperating with her anymore.

MR. KREISS: Correct, but what I'm saying is she knew

the gravity of her problem all along and knew about it all of

this time. May she have been hoping it would go away? I would

be. But she knew the gravity.

I think the court again could tailor a bond that is,

where you are able to secure her appearance. I haven't done

the research on the extradition, and I have no reason to

believe what the government says isn't true. I would talk to

her, but I would offer to the court that she would sign any

type of document waiving any extradition protections that would

be afforded by Israel.

Again, the properties being posted here, it is not

like the government came in and she had a lavish home and

assets and they marshaled those assets for her bond. This is

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her mom's property. This is her uncle's property.

THE COURT: But that is just a promise to not encumber

it. The only way that property will quickly be gone is if you

put a corporate surety bond with a bondsman. For somebody who

might be trying to leave the country, I think we are talking

about a bondsman. Suddenly your expenses are going way up.

MR. KREISS: Understood.

THE COURT: So the simple promise to not encumber, and

I don't mean to be disrespectful to you, Ms. Kol, because all I

know is what I have heard here today, but with your lack of

judgment and your dependency on methamphetamine, I don't think

it is a quick fix for you to go into treatment and suddenly

start operating with good judgment. I don't see this as -- I

am not feeling confident that a promise to not encumber

property is a sufficient motivation for a young woman who has

not been in jail before, right, or I don't think so.

MS. COMOLLI: That's correct, your Honor.

THE COURT: Maybe she spent a night in jail.

Now, you can explore a waiver of extradition and the

enforceability of it. You can talk with the government. I

think that would be a new condition that was unknown to you and

you could bring the matter back. I am not trying to give you

false hope.

MR. KREISS: Sure.

THE COURT: That is knowledge that we don't have

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today.

MR. KREISS: Would you consider a corporate surety

bond? On a $100,000 corporate surety bond her family would

have to pay a premium of $15,000.

THE COURT: The problem is with that -- because to me

it seems the place she would go to if she is going to go is

Israel, and the problem is if she gets there, there is no

extradition, and no bounty hunter is going to get her out of

there, I don't think.

I have been through this with somebody I let out on a

very big bond who took off, and there was enough of a corporate

surety bond that I learned a lot about kind of -- I think I

learned some things about how that works.

I think there is no reasonable set of conditions that

will -- no set of conditions that will reasonably assure me

that Ms. Kol will appear. I am not talking about danger to the

community. I am talking about the lower burden of proof, a

preponderance, not a bond that I could set, and the combination

is the nature of the charges, the strength of the evidence, the

likelihood of conviction that goes with the strength of the

evidence, the long period of incarceration, the methamphetamine

dependency.

She is in pretty deep in dealing in methamphetamine

and apparently other drugs, and what I think would be

protection for her if she got to Israel. All those things put

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together, those are my reasons for ordering detention.

MR. KREISS: Would a halfway house --

THE COURT: No.

MR. KREISS: -- suffice for protection of her

appearance in court?

THE COURT: No, because people all the time walk out

of halfway houses. That's the problem. I have seen too many

of them on supervised release violations unsuccessfully

discharged. They just don't do it anymore.

MR. KREISS: OK.

THE COURT: I know it is a tough one. Let me say

this. You did a great job. I couldn't have done this just

waltzing in here today and making the argument.

MR. KREISS: Thank you.

THE COURT: I mean it. I mean it. You have a good

lawyer. The fact that he didn't convince me is not a

reflection on your lawyer, for what that's worth to you.

So that's it.

MR. KREISS: I am going to go do some research.

THE COURT: Would you please by Monday send me a

proposed order using the AO's form, detention form, in Word --

you can step down from the witness stand.

(Witness excused)

THE COURT: The AO's form in a Word version so that I

can edit it. Please don't do it on a PDF. You want to lay out

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the factual basis only on risk of flight, not on danger.

MS. COMOLLI: Only on risk of flight. Yes, your

Honor.

THE COURT: OK. We are adjourned.

MR. KREISS: Thank you, your Honor.

MS. COMOLLI: Thank you, your Honor.

MR. KREISS: Thank you for your time and your

patience.

THE COURT: It's important. It's important.

(Adjourned)

C E R T I F I C A T E 

I hereby certify that the foregoing is an accurate 

transcription to the best of my ability of the digital audio 

recording in the above-entitled matter. 

January 1, 2023 s/ Joanne Mancari 

 Joanne Mancari, RPR, CRR, CSR 

 Court Reporter 

 jemancari@gmail.com 

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