IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

CASE NO. 22-14058-CR-CANNON/MAYNARD

UNITED STATES OF AMERICA,

Plaintiff,

v.

DOMINIC ANDRE ELVIR,

Defendant. /

GOVERNMENT’S EXHIBIT 2

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Transcript	of	Audio	Recording	Detention	Hearing

Participants:

Judge: Judge	Robert	M.	Illman

Gloria: Judge’s	clerk

Pastor: Daniel	Pastor,	Assistant	United	States	Attorney	(AUSA)

Falk: Elizabeth	Falk,	attorney	for defendant, Dominic	Elvir.

Pretrial	Svs.: Anthony	[UI] Granadashed, Pretrial	Services Officer

Liotta: Michelle	Liotta	(mother	of	defendant Dominic	Elvir)

Defendant: Dominic	Andre	Elvir

0:43	/	1:06:02

Gloria: And	the	court	will	admonish	all	the	participants	that	there’s	no	recording	

allowed in	court	proceedings.	And	we	have	Judge	Illman	with	us	for	that	process.

Pastor: Gloria, I	don't	know	if	you	can	hear	me	but	I'm	not	able	to,	ah, pick	up	any	audio	

from	anyone	right	now.

Gloria: OK,	um,	so	you’re	not	hearing	me?

Gloria: Could you	try	another	process...maybe	appearing	by	phone?

Gloria: [UI]	...let	me	let	the	judge	know	that	we’re	not	getting	the	AUSA’s	audio.

Gloria: OK,	um,	you	can	go	ahead	and	bring	in	the	defendant,	thank	you.	

Falk: Elizabeth	Falk.

Gloria:	 Mr.	Pastor	do	we	have	your	audio?

Gloria: Mr.	Pastor	I	see	your	audio	is	off, if	you	could	unmute?

Gloria:		 Can	you	hear	us	now	Mr.	Pastor?

Pastor: Your	Honor,	this	is,	ah, AUSA	Pastor,	I’m	not	able	to	hear	anything	on	the	audio,	I	

don’t	know	if	there’s anything	to	hear	at	this	time?

Judge: There	is,	um,	can	you,	if	you	can’t	hear	me then,	start	over.

Judge: Turn off	your	machine...start	over...I	mean...turn	off	your	Zoom	and	start	over.

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Judge: Gloria	can	we	send	him	a	chat?

Gloria: I'm	trying	your	honor.

Falk: Mr.	Elvir can	you	see...hear	me?	Cause	we	see	you	on	the	Zoom.

Defendant: Yes,	I	can	hear	you.

Falk: OK,	are,	can	you	turn	on	your	camera?

Judge: I	believe	his	camera	is	on...he’s	sitting...I	can	see	him	sitting, ah,	in	the	

courtroom,	you	just	have	to	see,	it’s	a	small,	it’s	a	small	window.

Falk: I’m	trying	to	talk	about his	father,	who’s texting	me that	he	can’t	get	into	the	

Zoom,	and	I’m	telling	him	I	see	him	in	the	Zoom,	so	I’m	a	little	confused	about	

why	he’s	saying	he’s	not	in	the	Zoom	when	his	screen	is	there.

Judge: OK.

Judge: Yeah,	ah,	I	believe	somebody is	trying	to	talk, but	your	mute	is	on.	That's	the	

USACANP...are	you	trying	to	talk,	cause your	mute	is	on.

Judge: There	we	go.

Pastor: Hello,	your	Honor,	this	is	AUSA	Pastor,	can	you	hear	me	now?

Judge: I	can,	can	you	hear	me?

Pastor: Yes,	your	Honor,	thank	you,	sorry	about	that.

Judge:	 All	right	so	do	we	have	everybody now?

Gloria:	 I	believe	we	do	your	Honor.

Judge:		 All	right...(unintelligible)

Gloria: (unintelligible,	your	Honor, mister...sorry, I’ll	just	let	the	case	get	called..

Gloria: Court	will	come	to	order,	United	States	District	Court	for	the	Northern	District	of	

California, the	Honorable	Robert	M.	Illman presiding,	court	calls	criminal	case	

number	23-MJ70607,	parties	please	state	their	appearances	for	the	record:

Pastor: Good	morning	your	Honor, Daniel	Pastor, for	the	United	States

Falk: Good	morning	your	Honor,	Elizabeth	Falk, on	behalf	of	Dominic	Elvir, he	is	

present	in	court, and	I	am	proceeding	by	Zoom, ah,	with	the	court’s	permission.

Anthony: Good	morning	your	Honor,	Anthony	Granadashed	[?] - Pretrial	Services

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Judge: All	right,	good	morning	everyone	so,	um,	we	are	proceeding	by	way	of	Zoom for

ah, the	attorneys	and	myself	and, the	reason	why	we	are	doing	this	is	because,

um,	normally	I	would	be	in	the	courtroom	with	Mr.	Elvir and	despite	the	

background	behind	me,	ah, I	am	not,	ah,	someone	in	my	house house	has	just	

tested	positive	for	Covid, and	so	rather	than	putting	Mr.	Elvir,	court	staff	and	um,	

ah,	the	Marshalls	at	risk,	I	am	proceeding	by	video,	ah, along	with	the	attorneys.	

Um,	having	said	that, we	are	not	broadcasting,	and	what	I	mean	by	that	is,	we	

are	doing	this	by	private	Zoom	call	not	by, um,	ah,	the	webinar,	and	so,	ah, I	

don’t	think	that	we	run	afoul	of	any	prohibitions	against	the broadcasting	of	

criminal	proceedings, um,	but, ah,	I	am	going	to	ask	Mr.	Elvir for,	ah, a	waiver	of	

Rule 53	just	in	case	somebody	with	a	bigger	chair	than	me	later	on	down	the	

road	decides	that	this	is	broadcasting.	Um,	so,	um, Mr.	Elvir I	want	you	to	

understand	that	under	Federal	Rules	of	Criminal	Procedure	43	and	the	

Constitution, you	have	the	right	to	be	physically	present	at	this	hearing, which	

you	are, but	I	am	not	um, and	under	Federal	Rule	of	Criminal	Procedure	53	

there’s a	prohibition	on	the	broadcasting	of	criminal	proceedings	such	as	this	

one.	Do	you	understand	these	rights	and	voluntarily	agree	to	waive	them	and	

proceed	in	this	manner?

Defendant: Yes,	your	honor.

Judge: All right,	does	council	have	any	objections	to	us proceeding	in	this	matter?

Falk: No,	your	honor.

Pastor: No,	your	honor.

Judge: Ok,	all	right,	ah,	so	we	are	here	for	a	few	things	this	morning, the first	is	the	

appointment	of	council,	um I	don't	have	a	financial	affidavit, but	I	do	know	that	

Mr.	Elvir did	state, ah,	his	financial	information	to	the	Pretrial	Services	Officer,

ah, that	was	generated	in	a	report	that	was	given	to	me, and	I	assume	council	

have	it	as	well,	ah, I	have	reviewed	the	financial	affidavit, excuse	me, I	have	

reviewed	the	financial	statements	made	to	the	Pretrial	Services	Officer	and	I	find	

he	does	qualify	for	the	appointment	of	council, so	I	will	appoint	Miss Falk	of	the	

Federal Public	Defender’s Office	to	represent	him.	Ah,	the	other	thing, the	other	

housekeeping	is,	um,	he	did waive	the	Rule	5, um,	Identity	Hearing, and	um,	I	did	

have	a	form	prepared	for	that	waiver, and	what	we	did	was, ah,	as	council	know,

um,	there	are	several	selections	that	he	can	waive	after	agreeing	that	he	

understands	ah,	his	rights and	understands	that	he's	charged	in	the	Southern	

District	of	Florida, and	what	I	have	pre-check	marked	for	him	to	sign	is	just	the	

Waiver	to an	Identity	Hearing	and	Production of	the	Warrant.	Um,	Ms.	Falk,	ah,	

is	that	correct	as	you	understand	it?

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Falk: Yes,	your	Honor,	there’s	no	issue	as	to	his	identity.

Judge: OK,	so	then	I	am	going	to,	um,	well	the	other	part	of	it	is	that	I	Consent	to	the	

Issuance	of an	Order	Requiring	my	Appearance	in	the	Prosecuting	District	where	

the	Charges	are	Pending	Against	Me.	Um,	that	order	would	either	be, either	him	

in	custody	or	not	in	custody, but regardless, there's	an	order	that	requires	him	to	

appear, um,	so	is	there	any	problem	with	him	signing	that	Rule	5, Waiver of	Rule	

5	Hearings?

Falk: No,	your	honor,	it’s	just...chaotic...stop	moving	[unintelligible] um,	I	would	hope,

I	would	ask	the	court	to	hold	off	on	signing	the	removal	order	itself	until	we	

resolve	the	detention	issue	because	it	does	cause	confusion	for	the	Marshall’s	

Service	um,	and	I	guess	we'll	kind	of	get	to	that	at	the	end	of	the hearing	what's	

going	to	happen	if	the	court	orders	release, but	for	example, the	court	is	going	to	

order	release	and	the	government	in	Florida	is	going	to	appeal;	um, a	lot	of	times	

that	appeal, the	defendant	will	stay	in	this district	while	that	appeal	is	pending.	

Um,	and	if	the	order	is	entered, the	Marshall	Service	can get	confused	about	

whether	they	should	remove	him, or	not remove	him, and	so	that’s my	only	

concern	about	that	is	the	timing	that	your	honor	signs	it.	I	don't	have	any	

problem	with	him	signing	it, um,	but	I	would	ask	the	court	wait	until	we	fully	

resolve	the	detention	matter.

Judge: (unintelligible)	OK,	well,	I’m	going	to have	a	(unintelligible)...go	ahead	Mr....

Pastor: I	apologize	your	honor; I	did	just	want to	add	that	I	did	just	(unintelligible) from	

the	AUSA	in	Florida that	they	will (unintelligible)...

Judge: Sorry,	sorry,	hang	on	just	a	second,	just	a	second,	just	a	second,	um,	ah,	to	

anybody	who’s	typing	on	their	computer,	when	you	type, the	audio	then	gets	

sucked	into	the	typing, and	so	I	couldn’t hear	what	Mr.	Pastor,	we	just	lost	his	

audio,	so	Mr.	Pastor if	you’ll, if	you’ll start	again?

Pastor: Your	honor, ah,	I	apologize	for	interrupting, I	just	wanted	to	add	that	my	

understanding	from	the	AUSA	in	Florida	is	that	if	there	were	to	be	a	release	

order	he	has	requested	that	I	seek	a	stay	to	allow	him	to	appeal	that	in	the	

district	um,	in	Florida.

Judge: OK, all	right, so	then	are	there	any	other	housekeeping	matters	that	we	need	to	

um,	take	up	before	we	get	into	the	detention	hearing?

Judge: Alright	then,	um, this	is	not	a, um,	presumption	case	if	I	understand	that	

correctly, is	that	the	government’s	understanding as	well?

Pastor:		 I	believe	that...	(unintelligible)

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Judge: All	right,	then	we’ll proceed	on	your	Motion.

Pastor: Um,	your	Honor, the	government	continues	to	seek	detention	in	this	matter,	

um,	based	upon	the	serious	risk	of	flight	in	this	case.	Um,	I	believe	there	was	a	

proffer at	the	previous	hearing	with	my	colleague	AUSA	[unintelligible].	 The	

government's	principal concern	in this	matter	is	that	the	defendant	was	living	in	

the	district	of	Florida;	he	has	active	state	warrants	there	as	far	as I	understand	it,

he	has	some	probation	violations	that	occurred,	and	then	he	left	that	district,

absconded	and	appears	to	have	been	living	in	Northern	California	since	that	

time.	Ah,	it	appears	to	me	from	the,	what	I've	seen,	um,	and	the	information	

that's	been	given	to	me	that	his	mother	was	aware, um, of	those state	probation	

violation,	um, and	ah,	knew	that	he	had	absconded, so	the	government	

continues	to	think	there's	a	serious	risk	of	flight	here. At	the	time	that	the	

defendant	absconded, I	don't	believe	that	he	was	aware	of	the	now	pending	

federal	charge against	him	for felony possession	of	a	firearm,	um, and	so	now	he	

knows	he	facing	that	charge	as	well	as	well	as	the	state	warrants	um,	that	he	has	

against	him, so	the	government	believes	that	there’s a	serious	risk	of	flight	in	this	

case, ah,	and	doesn't	believe	the	defendant	can	be	relied	upon	to	return	to	

Florida	and	face	these	charges, ah,	and	seeks	that	he	be	detained	and	

transferred	back,	ah, to	Florida	to	face,	ah, the	pending	federal	charge	there.

Pastor: Your Honor,	I	would	add	just	on	the	issue	of, um,	this	defendants	conduct, my	

understanding	from	the	AUSA’s in	Florida	is	that	the	defendant	is	charged	with	

felony	possession	of	a	firearm, but	was	also	involved	in	a firearm	trafficking	ah,	

scheme	that	involved	the	transfer	of	large	numbers	of	firearms	from	the	United	

States to Ecuador over	a	period	of	6	to	8	months, but	the	charge	here	is	felony	

possession	of	a	firearm. Ah,	I	only	mention	this other	conduct	because	it's	part	of	

the	investigation	and	goes	to	some	of	the	concerns	that	the	AUSA’s in	Florida	

have	about	this	particular	defendant.

Judge: All	right.	 Miss	Falk?

Falk: Thank	you your	Honor,	we	would	ask	the	court	honor	the	Pretrial	Services	

recommendation	here,	and	release, um,	Mr.	Elvir.	Um,	we	do	have	a	secured	

bond	in	this	case, which	we are	happy	to	affect.	Pretrial	didn’t	even	recommend	

a	secured	bond	in	this	matter,	um,	but	it	goes	to, ah,	to	show	the	level	of	

dedication	and	belief	that	this	family	has	in	Mr.	Elvir,	who	has	substantially	

changed	his	life	since	his	decision	to	leave	Florida.	

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The	decision	was	not	admirable,	however	at	the	time	he	left	he	was	addicted	to	

drugs,	he	was	in	a	very	bad	state,	and	since	that	time	he	has	managed	to	really	

turn	things	around,	become	full-time	employed,	stay	clean,	go	to	meetings,	um,	

renew	his	ties	with	his	family,	and	is	really,	um,	a	completely	different	person	

than	he	was.	He	has	a	dearth	of	a	criminal	record,	um,	he	was,	has	never	been	to	

prison,	has	never	really	spent	any substantial	time	in	custody.	Um,	he's	got	some	

marijuana	priors, and	a	burglary	um,	prior,	of	which	it's	not	exactly	clear	to	me	

what	the	circumstances	are	for	that, but, he	wasn't	on	probation	for	a	significant	

felony, no	history	of	violence, no	history	of	firearms. I	did	speak	to	the	AUSA	in	

Florida	about	this	charge, and	I	asked if	he	was	arrested	in	possession	of	a	

firearm	on	this	state	and	the	AUSA	said	“no”.	So, this	isn't	like, he	was	pulled	

over	in	a	car	with	a	firearm, the	officers	found	it,	somehow	it	evaded	notice	of	

his	probation	officer, and	he	was	never,	um,	brought to court	for	it	– um,	he	

wasn't	even	arrested	with	a firearm, so	it's	confusing	to	me, it's	confusing	to	Mr.	

Elvir,	we’re really	in	the	dark	about	what	these	charges	are	about	– um,	the	

firearms	trafficking, that	is	a	complete	shock	to	him,	um,	so,	I’m	not,	I know	

(unintelligible)	understand	the	jury,	the	Grand	Jury	found	probable	cause, and	

so, you	know, that	is	what	it	is, the	weight	of	the	evidence	is	the	least	important	

factor	but	as	far	as	his	dangerousness	I	don't	think	anyone	has	ever	seen	him	

carrying a	firearm	and	there's	nothing	in	his	record	to	suggest	that.	Um,	so	I	do	

believe	that	the	conditions	fashioned	by	Pretrial	would	secure	his	appearance	in	

Florida; um,	he	does	have	a	lot	of	support	to	face	these	charges	at	this	time.

Judge: You	know,	the dangerousness	to	the	community	is, as	I	understand	it, not	

necessarily	what	the	government’s concern	is, it's	really	more	of	the	flight	risk,

um,	I	mean	he's	on	probation	in	Florida, and	then	comes	to	the	opposite	side	of	

the	country, and	while	he	may	have turned	his	life	around	while	here, he	still	

never	contacted	his	probation	officer	in	Florida	and	told	him,	hey	I've	turned	my	

life	around, but	I	need	to	deal	with	the	charges	there,	my	violations	of	probation	

were	updated,	an	address,	or	anything	like	that.	Right,	I	mean	he	still,	over	the	

last	couple	of	years,	every	day,	was	absconding,	correct?

Falk: Well,	I	do	believe he	had	an	intent	to	eventually	work	this	out, when he	had	the	

resources	saved	up	to	do	so, and	your	honor	this	is,	the	issue	is	whether	

conditions	can	be	fashioned	that	will	secure	his	appearance	now, and	there's	

certainly	the	existence	of	a	secured bond,	the	risk	of	his	mother's	home	if	he	

doesn’t appear	in	court	- that's	a	very	substantial, um,	condition	that	I	think	

given,	you	know,	his	awareness	now	of	the	federal	charges	and	the	fact	that	he	

has	to	deal	with	this	in	Florida, coupled	with	the	risk to	his	mother's	house	would	

certainly	guarantee	his	appearance.

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Judge: What	about	the,	he's	got	two, as	I	understand	it, two	warrants	in	state	court.	

One	on	a	state	violation	of	felony	possession, which	I	have	no	idea	whether	

that's	related	to	this, or	something	completely	separate, as	well	as	the	probation	

violation.	So,	um,	if	I	order	him	released, the	Marshalls	will	contact	Florida	and	

they	can	put	a	hold	on	him and, this	is	depending	upon	whatever	happens	with	

the	Florida	court, and	they	could	either	come	get	him, or	they	could	wait	for	him	

to	get	off	the	airplane	to	show	up	for	his	Florida	appearance, and	then	pick	him	

up	when	he's	there	in	Florida, and	then	any time	that	he	spends	in	state	custody	

doesn't	count	towards	anything	related	to	any sentence	he	may	get	in	federal	

custody	– that	doesn’t	concern you?

Falk: Um,	so	your	Honor, I	do	have	an	attorney	who	represented	him	in the state	

matter	on	the	probation	hold,	who	has	been	in	contact	with	me	and	I've	been	in	

contact	with	the probation	officer	assigned	to this	matter, um,	who	told	me	to	

contact	the	State	Attorney’s	Office, which I’ve not	had	any	success	getting	

anybody	there	to	call	me	back	about	this, but	he,	he	did	say	he’d	be amenable	to	

arranging	a	court	date	for	him	- I	mean	it’s	a	probation	violation	on	a	relatively	

small	charge,	um, I'm	not	sure	what	the	courts	talking	about, about	the	warrant	

for a felon	in possession,	um...

Judge: It’s	in	the um,	probation...or	for	the	Pretrial	Services,	so	there	were	two	

different,	um, warrants	on	the	state	court	and	maybe	we	can	hear	from	Pretrial	

as	to	that.

Pretrial Svs.: Yes,	good	morning,	thank	you, your	Honor,	ah,	I’ve	reviewed	the	record	prior	to	

court	today, and	it	does	appear	there	are	two	‘no	bail’ warrants	from	Florida	as	

your	honor	indicated	one	is	for	possession	of	a	firearm, and	the	other	one	is for	

Burglary	and Grand	Theft.	They	are	listed	as	‘full	extradition’, meaning	that	

Florida	could	come	and	pick	him	up	if	he	was	ordered	released	on	this	case.	As	

your	Honor	indicated, the	Marshalls	would	contact	Florida	if	he's	ordered	

released, and	typically	they	would	have	5 days	to	come	get	him	or	make	some	

other	arrangements.

Judge: [unintelligible]...they	could pick	him	up	at the	airport	or	while	he's	either	walking	

into	or	out	of	federal	court	because	they'll	know	when	he’s	scheduled	to	do	that

as	well	right?

Pretrial	Svs. That’s	correct,	your	Honor.

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Falk: What’s the	date	on	the	warrant	for	the	felon in possession...I	just	see it listed	in	

a...[unintelligible] is	that	this	case?

Pretrial Svs.: Ah,	the	date	of	the	warrant	is	listed	as	October	13,	2021.

Falk: [unintelligible]...I	mean,	so	again,	I’m	a	little	bit,	so	that,	that	particular	warrant,

is	that	a	probation	violation? Because	it	doesn't	look	to	me	like	he's	on	

probation, I	mean	I	just	got this	report	this	morning, so,	um, I	really	can't	speak	

to	the	state	court, the	one	I	talked	to	the	US	attorney’s	office	in	Florida	- they	

told	me	that	there	was	no	arrest	relating	to	the	federal	charge.	So	that surprises	

me.	Now	I	can't	hear	anybody.	I	can't	hear	you, your	Honor

Judge: (Unintelligible)...

Falk: Oh	there	you	go.	Now	I	can	hear	you.	Um,	So	I	mean,	I	can’t,	I	don’t	have	any	

documentation	about	what	that’s	about,	it’s	sort	of	surprising	because he	was	

out	here	I	think	at	the	time, so	I	don't	know	how	that	could	even	be	possible.

Judge: There	are,	right now, as	it	stands, two	no	bail warrants, one	related	to	the	

burglary, and	one	related to	a	felon	in	possession, which	again	I	don't	even	know	

if	that	is	from	the	same	conduct	that	led	to	the	warrant	and	indictment	in	this	

case. I	mean	that	could	be	a	completely	different	thing, but	that	again, um, they	

could	simply	arrest	him	on	those	warrants, plus	revoke	his	probation	and	arrest	

him	on	his	way	to	or	from	the	courthouse, even	if	he	is	released	and	shows	up	on	

his	own, or, they	could	put	the	hold	on	him	for	5 days	and	then,	and	then, come,	

you	know,	make	sure, ah,	extradite	him	to	Florida as	well.

Falk: Well, your	honor, if	that's	the	issue, one	thing, if	the	court	orders	release	and	we	

get	him	information	that	they're	coming, the	court	can	put	the	hold	back	on	him.	

I	mean	I	just have	a	hard	time	believing	they're	gonna	send	somebody 3000	

miles	across	the	country	to	extradite	him.	Certainly	not	on	a	probation	violation.

Um...

Judge: That’s	fine, I	mean	that's	obviously	up	to	you guys, I	mean	as	long	as	he's	aware	

of	how	the	time	gets	calculated, that's	not	necessarily	my	concern. My	concern

with	him	is	that	he	was	on	probation, um, he	had	issues	that	led	to	two	warrants	

as	well	as	this	federal	warrant, so	two	state	warrants, and	this federal	warrant,

and	then	moved	to	the	other	side	of	the	country, um, and	his	family	was	aware	

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of,	ah,	these	warrants	and	him	being	in	violation	of	probation	- then	that's	

concerning	as	well.

Falk: So	I'm	not, as	Mr.	Avira	is	shaking	his	head, I	don't	think	that	the	family	knew	

that	there	were	warrants. I	don’t	think...

Judge: [Unintelligible]...they	didn’t	know	he	was	on	probation?

Falk: They	fact	that	they	knew	he	was	on	probation,	does	not	mean	that	anybody

showed	up	at	their door	saying, ‘where's	your	son’ and	that	is	a	very	different	

thing.	That,	my	understanding	from	both	the	parents, did	not	happen.	And	I	

think	they’re on	the	Zoom	to	explain	that.	I	certainly	think	now, if	we	are to	post	

his	mother's	home,	there	is	no	way	that	the	Mr.	Elvir who	is	now	before	the	

court	– clean, sober, working, motivated	to	do	right, given	the	record	that	he	

has, which	is not	that	severe, is	gonna	avoid	these	charges.	I	just	don't	see	it	-

he's	got	too	much	support.

Judge: Why	would you	say	that	when	he's	been	avoiding	his	state	probation	while	clean	

and	sober	for	the	last	two	years,	that	doesn’t,	that	doesn’t	seem	consistent.

Falk: Because	his	mom’s	house	is	gonna	be	on	the	line - that’s	huge	factor.

Judge: So,	OK,	so,	but	by his	own,	under	his	own	actions,	I	mean,	he’s	not	willing	to	

abide	by	court	orders,	he’s not	willing	to	abide	by	the	terms	of	his	probation, it's	

just	if	we	put	his	mom’s	house	up...then...

Falk: That’s	not,	that’s	not	right,	he’s	clean	now.

Judge: But	he’s	been	clean...

Falk: That’s	right,	he’s	been	clean...

Judge: For	how	long?

Falk: For	a	year	and	a	half...

Judge: But	during	that	year	and	a	half, or	a	year, did	he	contact	Florida	and	say	I know	

I’m	in	violin	violation	of	my	probation, this	is	where	I	am, what	do	I	need	to	do?

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Falk: He	didn't, but	that	doesn't	mean	he's	not	going	to	show	up	for court	now. I	don't	

see	the	two	things	as	analogous.	They're	not.	One	thing	is	a	probation	violation	

on a	drug	case, right? where	you're	cleaning	up, you're	getting	your	stuff	

together, and	you	wanna	present	as	a	successful	person.	This	is	now, is	he gonna	

show	up	to	federal	court, where	everyone	knows	where	he is, where	his	family	is	

on	the	Zoom, his family	is	gonna	sign	on	a	bond, his	family's	gonna put	up	a	

house.	 I	mean, very	few	people	don't	show	up	to	court, let's	be	honest.	Very	few	

people	flee	- in	20	years	I've	had	one	client	flee, and	especially	when	there	is	a	

secured	bond.	You	would basically	have	to	say	this	changed man	has	no	regard	

for his	mother's	well-being	at	all, and	I	don't	think	the	record	is	there	for	that.	

I	think	the	court...Pretrial	Services	did	the	risk	assessment	- they	recommended	

release.	I	think	the	court	should	agree	with	that.	He	has	too	much	support- if	he	

was	here	with	no	sureties, if his	families	had	said, you	know	what, we	really	just	

kind	of	wrote	him	off, and	we	didn't	know	where	he	was, like, we	haven't	talked	

to	him	about	being	a	changed	person	- that's	a	different	scenario, but	this	is	the	

family	that	is	enveloping and	sheltering	him, and	will	do	so, and	steer,	steer him	

through	this	court	process	in	Florida.	It’s	not	like	he	doesn’t	have	anyone	in	

Florida.	Ordinarily	under	Rule	5’s we’re	asking	for	release	to	California, when	the	

courts	miles	away.	That's not	even	what	we're	asking	here. We're	asking	the	

court	to	release	him	so	he	can	go	live	right	by	the	charges	where	he's	being	

charged.	This	is	the	single	most	important	decision	in	this	case	for	Mr.	Elvira.	

Release. This	will	dictate, this	will	change	the	course	of	the	case.	And	sometimes	

I	can't	give	people	up [UI],	that	don't	have	the	support	- but	he	does.

Judge:	 Let	me	ask	you	with	regard	to...	to	living	with	his	mother.	Was	she	aware	that	he

was	on	probation	in	Florida?

Falk:	 She	was	aware	that	he	was	on	probation.	She	was	not	aware	that	he	was	on

warrant	status.

Judge:	 So	in	other	words...

Falk:	 So	she-- so	look

Judge	 She	wasn’t	aware	that	he	had	absconded.

Falk:	 She	didn’t	know	if	it	was	over.	If-- if-- what	had	happened,	is	my	understanding.

But,	I	mean,	she	can	speak	for	herself	about	that.

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Judge:	 Let’s	ask	her	about	that.

Falk:	 I	think	she	was	aware	that--

Liotta:	 I’m	here.

Judge:	 Would	you	state	your	name	for	the	record,	please?

Liotta:	 My	name	is	Michelle	Liotta.

Judge:	 Hi	Ms.	Liotta.	So,	I	wanted	to	find	out,	were	you	aware	that	your	son	was	on

probation	while	he	was	there	in	Florida?

Liotta:	 I	was	aware	he	was	on	probation.	I	was	not	involved	in,	you	know,	speaking	with

his	probation	officer,	involved	in	what	was	going	on	at	all	with	the	probation

officer.	When	Dominic	decided	to	leave,	I	was...	I	was	not	aware.	He	did	not	tell

me.	I	didn’t	find	out	‘til	later.	And	uh...	yeah,	that’s	it.	Yeah,	I	was	aware.	I	just

didn’t	find	out	‘til	later	that	he	left.	I	wasn’t	aware	that	he	was	leaving.

Judge:	 Did	you	know	that	he	wasn’t	allowed	to	leave?

Liotta:	 No,	that	I	didn’t	know.	I	never	talked	to	the	probation	officer.	I	just	heard

through	my	dad	that	he	was	on	probation.	I	wasn’t	involved	in	talking	to	them	or

anything	like	that.

Judge:	 And	you...	Did	you-- did	you	sign	as	a	surety	on	his	bond.	Are	you	aware	that	if	he

doesn’t	show	up,	that	the	Government	come	after	you	for	the, uh...	for	the

amount	of	the	bond?

Liotta:	 Yes,	I	am	aware.

Judge:	 So,	they	can	come	after	you	for	the	entirety	of	it,	not	just	half	of	it.	They	can

come	after	you	for	the	entirety	of	it.	Are you	aware	of	that?

Liotta:	 Yeah,	I’m	fully	aware,	and	the	only	reason	why	I’m	agreeing	to	that	is	‘cause	I

believe	he	has	changed.	You	know.	He’s	made	strides.	He’s	a	different	person

now,	and	that’s	the	only	reason	why	I’m	agreeing.	I’m	fully	aware.

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Judge	 [UI]	Then	if	they	put	up	your	house,	then	they	can	move	to...	to	get	that	money	

out	of	your house.

Liotta:	 Uh-huh.

Judge:	 I	mean,	that’s	a	big	deal,	right?	So	if	he	walks	away,	uhm...	or	violates	the	terms

of	this	probation,	you	can	end	up	without	a	house.

Liotta:	 I	understand	that.

Judge:	 And	you’re still	willing	to	do	that?

Liotta:	 Well	he’s	...	he’s	a	different	person	now.	I	don’t	believe	that	he’s	the	same

person	that	he	was	when	he	left	a	couple	of	years	ago.	He’s	completely

different.

Judge:	 Does	it	bother	you,	when	I’m	talking	this	morning,	and	explaining	that, even

though	he’s	been a	different	person,	he	still	hasn’t	contacted	his	probation

officer, as	of	today,	to	tell	his	probation	officer	in	Florida	where	he	is.	In	other

words,	he’s...	he’s	been	violating	continuously	every	day	since	he	left	Florida.	I

mean,	that	doesn’t	bother	you at	all?

Liotta:	 In	what	sense?

Judge:	 Well	you	know,	if	you’re	concerned	about	whether	or	not	he	can	do	what	he’s

required	to	do,	that	the	most	recent	history	that	we	have	in	front	of	us	today,	is

that, up	until	he	was	arrested	on	this	warrant,	he	was	continuously, uh...	

violating the	terms	of	his	probation,	so	his	..	his	most	recent	history	is	as	a	

violator	of	the terms	of	his	probation,	so	I	want	to	make	sure	you’re	

understanding,	that	when you	say	he’s	changed,	he	still	hasn’t	made	himself	

available to	the	probation office	in	Florida.

Liotta:	 Oh	yeah,	that	I	understand,	and	it	definitely	bothers	me,	and	I	was	encouraging

him	to	contact	them,	and	I	...	like	uh..	the	Public	Defender	has	said	earlier,	he

was	just	waiting	‘til	he	have	enough	resources,	because	he	would	have	to	pay	to

come	back	here	[UI] to	deal	with	that.	His	plan	wasn’t	to	stay	away	forever.

He	did	plan	to	come	back.

Judge:	 And	you	didn’t	know	anything	about	the	other	warrant	out	for	his	arrest?

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Liotta:	 Not	at	all. And	I	couldn’t	even...	I	started	googling.	I	couldn’t	find	anything.

There’s	really	not	a	whole	lot	of	details	on	it.	I	know;	I	wasn’t	aware	at	all.	I	was

shocked.	Shocked	to	see	it.	[UI] what	I	found	online...

Judge:	 Mr.	Pastor	after	hearing	the	uh...	from	the	surety,	uhm...	Do	you	have	any	uh...

change	in	your	position,	and	uh...	with	regard	to	whether	or	not	you	think	that

this	would	reasonably	assure	his	appearance	uh	...	in	Florida?

Pastor:	 No,	Your	Honor,	we	don’t.	My	information,	which	I	received	from	the	AUSA’s	in

Florida,	is	that	Mr.	Elvir	did	speak	to	his	mother,	tell	her	that	he	had	tested

positive	during	a	drug	test,	and	that	he	wasn’t	going	to	prison,	and	then

thereafter	he	had	absconded.	So	that’s	all	I	can	offer	based	on	the	information

that	I	have.

Judge:	 Um,	do	you	mean	that...when	he	was	in	Florida [UI]

Pastor:	 I’m	sorry,	I	didn’t	hear	what	you	said,	Your	Honor.

Judge:	 When	he	was	in	Florida	he	contacted	his	mother,	told	her	he	had	tested

positive,	uhm...	and	then	left.

Pastor:	 That	he	would	not	going	to	prison,	and	then--

Judge:	 I	see.	I	see.	Okay.

Pastor:	 From	a	probation	officer	who	spoke	with	the	mother,	but	uh..	that’s	just	based

on	what	I’ve	seen,	your	Honor.

Liotta:	 Yeah,	he	told	me	that	after,	not	before	he	left.	You	know.	That	was	after,	when

we	couldn’t	find	him	and	everything.

Judge:	 So,	what	I’m	going	to	do	is	uhm....	I’m	going	to	uhm...	release	him,	order	him

released	on	the, uh...	secured	bond,	so	um,	I	believe	Mr.	Taylor	is	in	the	

courtroom, and	so	what	I’ll	need	you	to	do	is modify	the	bond	that	you	have	a	

copy	of,	from the	unsecured	to	secured,	and	then	in	the	section	“secured	by”	I	

want	you	to	list the	uhm...	the	address	of	245	NW	40	Ave.,	in	Delray	Beach,	

uhm...	as	the	secured portion,	uhm...	and	then	what	I	want	you	to	do	is	print	that	

out,	and	uhm...	put	a copy	of	that	in	uh	[UI]	Mr.	Elvir	so	that	I	can	go	over	the	

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conditions	of	release and	appearance.	When	I	go	over	those	conditions	of	

release,	uhm...	Ms.	Liotta,	I want	you	to	listen	to	the	conditions	of	release,	

because	I’m	going	to	ask	you	at the	end	if	you	understand	all	of	them,	and	then	

I’m	going	to	ask	you	if	I	can electronically	sign	uhm...	on	your	behalf	the	uh...	

the...	the	third	party	surety uhm,	portions	of	this,	and	I’m	going	to	make	sure	

you’re	still	comfortable	with	it	after hearing	all	the	conditions	that	we’re going	to	

impose	on	him.	Do	you understand that,	Ms.	Liotta?

Liotta: Yes,	I	understand, thank	you.

Judge: And	then, uhm,	and	then	the	government	can,	can	make	their	motion	and	all	

that	kind	of	fun	stuff	after	that,	ok?

Pastor: Thank	you,	your	Honor.

Judge: All	right,	so, uhm,	I’m	going	to	have	my	law	clerk	print	that	out	and	get	it	in	front	

of	Mr.	Elvir so	he	can	read	along	with	us	in	real	time.	Um,	Counsel	do	you	guys	

have	copies	of,	uhm,	the, you	know,	the	bond	forms	so	that	you	can	read	along	

with	me	as	well	and	make	any	corrections	to	what	I	might	say?

Falk: Uhm,	not	in	this	particular	case,	but	I	have	a	blank	one that	I...yes,	yes	I	do.

Judge: The	additions	that	were presented	by	Pretrial	Services	were	that	he	would	not	

travel	outside	the	Southern	District	of	Florida, uhm, and	then	I'll	put	except	to	

travel	to	and	from	the	Northern	District	of	California for	any	required	court	

appearances.	Uhm,	that	will	be	the	only,	um,	additional	condition that	I’ll	put on	

here.	Uhm,	but	it	will	be	that	he	will	reside	at, uhm,	the	Delray	Beach,	Florida	

address.

Falk: OK.

Judge: And	the	Pretrial	Services officer	you’ll follow	along	as	well	and	make	sure	I	get	

everything, all	the	boxes	checked?

Pretrial Svs: Yes,	your	Honor.

Judge: OK

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Judge: Uhm,	with	regard	to...let	me	ask	Pretrial	Services,	with	regard	to	the,	the	third	

party	surety	form	that	we	have	separate	than	the	surety	signature	on	the	initial	

form,	uhm,	“I	consent	to	all	future	orders	of	the	court	permitting	for	whatever	

reason	the	defendant	travel	outside	the	northern”...ok	that	has	to	do	with	

this...Ms.	Steeson [UI] while	we’re	doing	all	this, can	you	find	out,	do	I	need	to	

put	in	here	the	date	and	time	of	next	appearance,	or	do	we	need	to	just	put	in	

here,	uhm,	what	date	do	we	need	to	give,	I	guess,	for	the	Southern	District	of	

Florida,	does	the	US	Attorney’s	office	have	that?

Pastor: I	don’t	have a	future	date, your	Honor,	uhm,	I think	that	hasn’t been	determined	

pending	the	outcome of	this	proceeding.

Judge: [UI]..so...with	regard	to	the	form	itself,	when	I’m	ordering	him	to	appear,	the	

date	and	time	of	next	appearance,	leave	that	blank?

Pastor: I	think	that’s	the	best	course for	now,	your	Honor...

Judge: OK

Pastor: We	will	forward	as	soon	as	we	have	a	new	date	set.

Falk: Your	Honor,	I’m	supposed	to	be	in	Judge	Briar...I’m	just	making	sure	everybody	

knows	that...no	problem,	this	is...

Judge: Judge	Briar...[UI]

Judge: Um,	while we're	doing	this, Miss,	ah, Liotta, I'm	going	to	need	your	phone	

number, umm, for	this	form, so	will	you	provide, umm, the	best	phone	number	

for	you?

Liotta: Sure,	your	Honor,	its	954-821-7855 [UI]

Judge: Ms.	Stinson	did	you	get	that?

Gloria: I	missed	a	couple	of	digits	your	Honor,	if	she	could	repeat	the	first	digits?

Liotta: 954	– that’s	the	area	code...821..you	got	that?...17855

Gloria: OK	so	let	me	repeat	it	to	you	please...954-811-7855

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Liotta: No,	821-7855

Gloria: Thank	you.	954-821-7855

Liotta: You	got	it	-thanks.

Gloria: Thank	you.

Judge: And I	believe	the	bond	form,	I’d also	need	Mr.	Elvir’s uhm,	the	defendant’s	

telephone	number	also.

Defendant: It’s	954-405-6673	your	Honor.

Judge: All	right.	And	Ms.	Stinson	[UI] if	you	could have	Mr.	Taylor	hand	write	that	into	

the	form, um... and	then	just	let	me	know	when	Mr.	Taylor	has	that	in	front	of	

him.

Gloria: OK	thank	you,	your	Honor.

Falk: Uha,	Dan?	Uhm,	do	you	have	any	idea	if	the	secured	bond	is	gonna	make	a	

difference	to	the	AUSA	in Florida?	Are	you	open	to	me	calling	him	directly	after	

this?

Pastor: Uhm,	my	understanding	is	that	it	won’t, but	yeah,	I’m	happy	to	speak	to him	

with	you,	uhm,	I	think	he’s,	ah,	tied	up	in	a	meeting,	but	we	may	be	able	to	talk	

to him	within	the	next	hour	or	so.

Falk: OK,	great, I	just	also	wanna	get	some	logistics.	You	you	don't	have	any	logistics	

information	about	like	who	would...this	is	assigned	to	a	“DJ”	right,	since	it’s	an	

indictment?

Pastor: Yes,	I,	I,	don't	know	the	District	Court	judge	but, uhm,	we	should	be	able	to	

figure	that	out from	the	indictment.

Falk: OK.

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Judge: It's	a, I	believe, uhm,	up	in	the	upper	right	hand	corner, as,	uh,	telephone,	where	

all the	telephone	number	portions	are	for	both	defendant	and, um,	Ms.	Liotta.

Gloria: OK	thank	you,	your	Honor.

Judge: And	then	while	that's	happening,	um, we	have	the	Rule	5	which	is	not	the, um,

what's	it	called, the, um, Removal	Order, just	the	identity	portion	of	it...ah, if	you	

can	put	that	in	front	of him	as	well.

Gloria: Yes,	your	Honor.

Judge: Ah,	and	Miss	Falk, is	it,	ah,	would	it	be	better	to	waive	on	the	arraignment	until	

he	is	in	Florida then?

Falk: We	would	waive	any	arraignment	in	this	district	to	the	extent	the	rules	require	it,	

I	think	it’s	better	for	him	to	be arraigned with	the	attorney	who's	gonna	be	

representing	him	in	the case.

Judge: It's	a,	I see, ah,	someone	has	entered	the	waiting	room, do	you	believe	that's	for	

the	11:00	o'clock	hearing	that	I	have? I	mean, is	anybody	expecting	anybody	else	

in	this	proceeding? OK, alright	then, I	will	not	admit	them.

UF: Uh,	I,	my	daughter	was	gonna	come	on	the	preceding, I	don't	know if	it’s her...

Gloria: I	believe	that's	counsel	on	the	next	matter your	honor,	I’ll	send	an	e-mail.

Judge: OK.

Judge: All	right,	Mr.	Elvir, can	you	hear	me?

Defendant: Yes,	your	Honor.

Judge: All	right,	and	you	don’t	have	a	copy	of	that	bond	form	in	front	of	you, do	you?

Defendant: I	do, your	honor.

Judge: You	do	have	it	in	front	of	you now?

Defendant:	 Yes,	I	do.

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Judge: Oh,	all	right,	um,	all	right, you	see,	um,	ah,	you	can	read	along	with	me	on	the	

conditions	of	release	and	appearance, do	you	see	check	marks	anywhere?

Defendant: Yeah,	little	x’s...

Judge: OK,	um,	ah,	so	with	regard	to	the	‘secured	by’ let	me	ask	counsel, is	it	going	to	be	

$50,000	dollars	secured	by, the um,	the	ah, the	address,	the	Delray	address, is	

that,	is	the $50,000 dollars, OK,	so	Mr.	Elvir, will	you put	in	the	$50,000	dollars	

on	the,	where	it	says	amount	of	bond, should	be	unsecured, I'm	sorry, it	should	

be	check-marked	‘secured	by’,	do	you	see	that?

Defendant: Yes,	your	Honor.

Judge: All	right,	make	sure that’s	check-marked,	and	the	$50,000	dollars,	and	then	

underneath	that,	um,	ah,	that	you’ll	have	that	address, the	Delray	Beach	Florida

address?

Judge: [UI]...all	correct	down	there,	or	are	you...

Defendant: Yes,	it	just,	it	just says,	it	just	says the	address.

Judge: OK,	that’s	fine.	Um,	all	right,	and	is	that	the	$50,000	dollars there?

Defendant: No.

Judge: OK,	 write	that	in..........and	then	tell	me	when	you’re done.

Judge: Is	it	ready?

Defendant: Yes.

Judge: OK,	all	right,	so	you’re	subject	to	each	condition that	is	checked. So	the	first	box	

is	checked, you	must	appear	at	all	proceedings	as	ordered	by	the	court, and	must	

surrender	for	service	of	any	sentence	imposed.	You	must	not	commit	any	federal	

state	or	local	crime.	You	must	not	harass,	threaten,	intimidate,	injure,	tamper	

with or	retaliate	against	any witness, victim, informant, juror	or	officer	of	the	

court	or	obstruct	any	criminal	investigation.	You	must	submit	to	supervision	by	

Pretrial	Services	and	must	report	immediately	upon	release	and	thereafter	as	

directed	by	Pretrial	Services.	 You	must	surrender	all	passports	and	other	

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travel	documents	to	Pretrial	Services.	When	can	you	have	that	done?	Do	you	

have	a	passport?

Defendant: No,	your	Honor.

Judge: All	right.	You	must	not	possess	any	firearm,	destructive	device	or	other	

dangerous	weapon.	Now, with	regard	to	that	Miss	Liotta, do	you	have	firearms

in your	house?

Liotta: Um...I	have	one.

Judge: All	right,	and	are	you	willing	to	remove	that	firearm?

Liotta: Yes.

Judge: (UI)...so	he	may	reside	there	with	you?

Liotta: No	problem.

Judge: And	you'll	have	to	have	that	out	of	the	house before	he,	um,	enters,	and	you		

must	also	allow	Pretrial	Services	to	come	in and	look	around	in	your	house, do	

you	understand	that	too	as	well...to	make	sure	it’s	suitable?

Liotta: No	problem,	yeah.

Judge: (UI)...excuse	me,	Mr.	Elvir	you	must	not	use	alcohol	to	excess	and	must	not	use	

or	possess	any	narcotic	or	any	controlled	substances	without	a	legal	prescription	

do	you	understand	that?

Defendant: Yes.

Judge: Now,	in	California	you	can	have	prescription	for	marijuana, but	that	is	prohibited	

under	federal	law, so	even	if	you	have	a	prescription	for	marijuana	you	may	not	

use	marijuana	while	you	are on	this, um, bond, do	you	understand	that?

Defendant: Yes,	your	Honor.

Judge: OK.	Ah,	you	must	submit	to	drug	and	or	alcohol	testing	as	directed	by	Pretrial	

Services. You	must	participate	in	substance	abuse	treatment, um, on	an	

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outpatient	or	residential	basis	as	directed	by	Pretrial	Services.	You	must	

participate	in	mental	health	treatment	as	directed	by	Pretrial	Services.	You	must	

not	change	residence	or	telephone	number	without	prior	approval	of	Pretrial	

Services, so	if	you	and	your	mom	aren’t getting	along, it	doesn't	matter, you	

can't	leave, unless	and	until	you've	gotten	the	approval	of Pretrial	Services, do	

you	understand	that?

Defendant: Yes.

Judge: You	must	also	follow, ah,	follow,	special	condition, which	is, that you're	not	

allowed	to	travel	outside	the	Southern	District	of	Florida	except	to	travel	to	and	

from	the	Northern	District	of	California	for	any	required	court	appearances.	That

means	you	can't	come	back	here	to	see	friends, or	your	girlfriend, or	anything	

like	that, um,	you've	gotta	stay	in	the	Southern	District	of	Florida	once	you	travel	

to	there...unless	the	Northern	District	court	of	California	wants	you	back	here	for

court	- do	you	understand	that?

Defendant: Yes,	your	Honor.

Judge: And	Miss	Liotta you've	been	able	to	hear	all	this	and	follow	along?

Liotta: Yes,	I	have,	I’ve been	taking	notes.

Judge: All	right,	I’m	going	to,	ah,	ah, give	you	guys	the	consequences	of	defendant’s	

failure	to	obey	conditions	of	release and	appearance:	 if	the	defendant does	not	

obey these	conditions	of	release	and	appearance, payment	of	the	full	amount	of	

this	bond, which	is	$50,000	dollars,	will	be	due,	and	all	cash	or	property	posted	

to	secure it	will	be	forfeited.	Judgment	may	be	entered	and	executed	against	

defendant and	all	sureties	or co-signers,	jointly	and	severally. An	arrest	warrant	

for	the	defendant	will	shall issue	immediately	and	the	defendant may be	

detained	without	bail	for the	rest	of	the	proceedings.	Defendant	will	be	subject	

to	consecutive	sentences	and	fines	for	failure	to	appear	and	or	for	committing	an

offense	while	on	release.	Ah,	do	you	understand	all	of	that	Mr.	Elvir?

Defendant: Yes,	your	Honor.

Judge: Mr.	Elvir,	do	you	understand	that	if	you	do	not	show	up	in	Florida, that	the	

government	can	go	after	your	mom’s house?

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1:01:29	/	1:06:02

Defendant: Yes,	your	Honor.

Judge: Do	you	understand that	if	you	violate	a	bunch	of	terms	of	these	conditions

you're	putting	her	at	risk	as	well?

Defendant: I	do.

Judge: You're	going	to	show	up	in	Florida	correct?

Defendant: Yeah,	I	would	never	do	that	to	my	mother,	your	Honor.

Judge: Any	you’re	gonna	contact	Pretrial	Services immediately	if	you're	released	as	well	

correct?

Defendant: Yes,	that’s	correct...

Judge: And	your	gonna	stay	in	contact	with	them	about	your	travel	plans,	you're	gonna	

contact	the	Pretrial	Services	officer	that's	assigned	to	you	in	Florida, and	you're	

gonna	do	everything	they	tell	you?

Defendant: Yes,	your	Honor.	I’m	willing...I	wanna	do	everything	that	I	need	to	do	so	that	I	

can	get	this	resolved.

Judge: I	don’t,	I	don’t	wanna	put	your	mom	at	risk,	ok?

Judge: And	so...

Defendant: Neither	do	I.

Judge: OK. All	right, so	Miss	Elvir, after	hearing	all	of	that - you	still	willing to	serve as	

surety?

Liotta: Yes,	I	am.

Judge: And	do	I	have	your	permission	to	electronically	sign	your	name	to	this	surety ah,	

section	of	this	bond?

Liotta: Yes.

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Judge: And	as	a	third-party surety	on	the	bail	bond	in	this	case, you	consent	to	all	future	

orders	of	the	court	permitting, for	whatever	reason, the	defendant	to	travel	

outside	the	Northern	District	of	California, that’s	to	go	to,	um, Florida, or	to	

modify, supplement	or	delete	defendants	conditions	of	release	as the	court	

deems	necessary? So	in	other	words	if	there	are	changes	to	it, you	consent to	

those	changes?

Liotta: Yes.

Judge: And	you consent	to	the	entry	of	such	orders	without	further	notice	to	you?

Liotta:	 Say that	again?

Judge: You	consent	to	the	entry	of	such	orders	without	any	further	notice	to	you?

Liotta: Yes.

Judge: And	you	understand	that	if	the defendant, while out	of	this	district	with	

permission	of	the	court, flees	or	otherwise	commits	a	breach	of	the	bail	bond	

conditions, you'll	be	subject	to	a	civil	judgment	for	the	amount	of	the	bail	and	all	

property	that you	posted	with	the	court	to	secure	the	bail, and	will	be	ordered,

that	will	be	ordered	forfeited	to	the	United	States.	Do	you	understand	that?

Liotta: Yes.

Judge: And	I	have	your	permission	to	sign	that	as	for	you	as	well?

Liotta:	 Yes.

Judge:	 All	right,	then	I	will,	um, order	him	released	on	the	conditions, um, that	we	have	

described,	Mr.	Elvir,	go	ahead	and	sign	that	please?

Judge: When	you're	done	signing it, just	hand	that	to	the	Marshall	along	with	the	Rule	

5, ah,	waiver	form.

Judge: Um,	Miss,	ah,	Miss	Liotta,	will	you	give	me	a,	um,	an	e-mail address,	a	good	email	address	for	you, and	I’m	going	to	have	my,	ah, law	clerk,	ah, e-mail	you	a	

copy	of	this bond	form	so	you	have	it	all	in	front	of	you	as	well	OK?

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Liotta: Sure,	it’s	my	first	name	

Judge: Just	like	on	your	screen?

Liotta: Oh,	yup.

Judge: All	right,	what’s	next?

Pastor: Your	Honor,	um,	as	I	said at	the	outset, ah,	the government	respectfully	requests

a	24	hour	stay	of	the	Release	Order	to	allow	the	charging	district	in	Florida	to	

appeal	on	the	order	to	their	District	Judge... I	understand	that	they intend	to	do	

so.

Judge: All	right,	that’s	correct.

Pastor: Thank	you,	your	Honor.

Judge: Ms.	Falk,	 you’re on	mute,	I don't	know	if	you're	talking	to	me...or...

Falk: Or	myself.	Um,	ah,	ah,	Mr.	Pastor	I’ll	just call	you	off-line	to	try	to	do	a...to	have	a	

discussion	with	the	US	Attorney's	office	in Florida.

Pastor: OK.

Falk: Ah,	I’ll	do	that	in	half	an	hour	after	I	go	beg	Judge	Briar	for	forgiveness.

Pastor: All	right.

Judge: All	right,	anything	further	from	the	parties	in	this	matter?

Liotta: No,	not	on	my	side.

Falk: No	your	Honor,	thank	you.

Pastor: No	your	Honor.

Judge: All	right,	thank	you	everyone	– you	guys	are	dismissed	– have	a	good	day.

1:06:09 Recording	Ended

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Case 2:22-cr-14058-AMC Document 7-2 Entered on FLSD Docket 05/17/2023 Page 25 of 26
Fiorella Warger

Federally Certified Spanish Court Interpreter

15502 SW 74 PL

Palmetto Bay, FL 33157

Cell: (305) 510-3020

FiorellaWarger@bellsouth.net

May 16, 2023

To Whom It May Concern:

TRANSCRIBER CERTIFICATION

I hereby certify that I have transcribed, to the best of my knowledge and ability, the audio 

recording marked Detention Hearing recording 5-10-23.m4a, in the matter of U.S. v. 

Dominic Andre Elvir, Case # 22-CR-14048-AMC. The transcription consists of twenty-four 

pages. 

I may be contacted at the above telephone number or email address, should additional 

information be required.

Fiorella Warger

Federally Certified Spanish Court Interpreter

Florida State Courts Cert. No. 10-00139

Case 2:22-cr-14058-AMC Document 7-2 Entered on FLSD Docket 05/17/2023 Page 26 of 26