1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

3742711.1

DEFENDANTS’ NOTICE OF INTENT TO OFFER BUSINESS RECORDS 

Thomas H. Bienert, Jr. (admitted pro hac vice)

 tbienert@bienertkatzman.com 

Whitney Z. Bernstein (admitted pro hac vice)

 wbernstein@bienertkatzman.com 

BIENERT KATZMAN, PC 

903 Calle Amanecer, Suite 350 

San Clemente, CA 92673 

Telephone: (949) 369-3700 

Facsimile: (949) 369-3701 

Attorneys for Defendant James Larkin 

Gary S. Lincenberg (admitted pro hac vice)

 glincenberg@birdmarella.com 

Ariel A. Neuman (admitted pro hac vice)

 aneuman@birdmarella.com 

Gopi K. Panchapakesan (admitted pro hac vice)

 gpanchapakesan@birdmarella.com 

BIRD, MARELLA, BOXER, WOLPERT, NESSIM, 

DROOKS, LINCENBERG & RHOW, P.C. 

1875 Century Park East, 23rd Floor 

Los Angeles, California 90067-2561 

Telephone: (310) 201-2100 

Facsimile: (310) 201-2110 

Attorneys for Defendant John Brunst 

[Additional counsel listed on next page] 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

United States of America,

Plaintiff, 

vs. 

Michael Lacey, et al., 

Defendants. 

CASE NO. 2:18-cr-00422-004-PHX-SMB

DEFENDANTS’ NOTICE OF INTENT 

TO OFFER BUSINESS RECORDS 

PURSUANT TO FEDERAL RULE OF 

EVIDENCE 902(11)

Assigned to Hon. Susan M. Brnovich

Courtroom 506

Trial Date: September 1, 2021 

Case 2:18-cr-00422-DJH Document 1221 Filed 08/18/21 Page 1 of 17
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

3742711.1 2

DEFENDANTS’ NOTICE OF INTENT TO OFFER BUSINESS RECORDS 

Paul J. Cambria, Jr. (admitted pro hac vice)

 pcambria@lglaw.com 

Erin McCampbell (admitted pro hac vice)

 emccampbell@lglaw.com 

LIPSITZ GREEN SCIME CAMBRIA LLP

42 Delaware Avenue, Suite 120 

Buffalo, New York 14202 

Telephone: (716) 849-1333 

Facsimile: (716) 855-1580 

Attorneys for Defendant Michael Lacey 

Bruce Feder (AZ Bar No. 004832) 

 bf@federlawpa.com 

FEDER LAW OFFICE, P.A. 

2930 E. Camelback Road, Suite 160 

Phoenix, Arizona 85016 

Telephone: (602) 257-0135 

Attorney for Defendant Scott Spear 

David Eisenberg (AZ Bar No. 017218) 

 david@deisenbergplc.com 

DAVID EISENBERG PLC 

3550 N. Central Ave., Suite 1155 

Phoenix, Arizona 85012 

Telephone: (602) 237-5076 

Facsimile: (602) 314-6273 

Attorney for Defendant Andrew Padilla 

Joy Malby Bertrand (AZ Bar No. 024181) 

 joy.bertrand@gmail.com 

JOY BERTRAND ESQ LLC 

P.O. Box 2734 

Scottsdale, Arizona 85252 

Telephone: (602)374-5321 

Facsimile: (480)361-4694 

Attorney for Defendant Joye Vaught 

Case 2:18-cr-00422-DJH Document 1221 Filed 08/18/21 Page 2 of 17
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

3742711.1 3

DEFENDANTS’ NOTICE OF INTENT TO OFFER BUSINESS RECORDS 

Pursuant to Federal Rule of Evidence 902(11), Defendants notice their intent to use 

written certifications of business records in lieu of live testimony by record custodians at 

trial. Attached as Exhibit A is a copy of certifications from American Express, Visa, 

MasterCard, and Bank of Montreal. In the interest of efficiency, the identified 

certifications will be used in lieu of live testimony. 

The corresponding records from these four companies that Defendants intend to use 

at trial will be identified on Defendants’ trial exhibit list. 

Pursuant to the District’s Electronic Case Filing Administrative Policies and 

Procedures Manual (October 2020) § II (C) (3), Gary S. Lincenberg hereby attests that all 

other signatories listed, and on whose behalf this filing is submitted, concur in the filing’s 

content and have authorized its filing. 

DATED: August 18, 2021 Respectfully submitted,

Thomas H. Bienert Jr.

Whitney Z. Bernstein

Bienert | Katzman PC

By: /s/ Thomas H. Bienert, Jr.

Thomas H. Bienert Jr.

Attorneys for Defendant James Larkin

DATED: August 18, 2021 Gary S. Lincenberg

Ariel A. Neuman

Gopi K. Panchapakesan

Bird, Marella, Boxer, Wolpert, Nessim,

Drooks, Lincenberg & Rhow, P.C.

By: /s/ Gary S. Lincenberg

Gary S. Lincenberg

Attorneys for Defendant John Brunst

Case 2:18-cr-00422-DJH Document 1221 Filed 08/18/21 Page 3 of 17
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

3742711.1 4

DEFENDANTS’ NOTICE OF INTENT TO OFFER BUSINESS RECORDS 

DATED: August 18, 2021 Paul J. Cambria

Erin McCampbell

Lipsitz Green Scime Cambria LLP

By: /s/ Paul J. Cambria

Paul J. Cambria

Attorneys for Defendant Michael Lacey

DATED: August 18, 2021 Feder Law Office, P.A.

By: /s/ Bruce S. Feder

Bruce S. Feder

Attorney for Defendant Scott Spear

DATED: August 18, 2021 The Law Office of David Eisenberg, PLC

By: /s/ David Eisenberg

David Eisenberg

Attorney for Defendant Andrew Padilla

DATED: August 18, 2021 Joy Bertrand Esq. LLC

By: /s/ Joy Malby Bertrand

Joy Malby Bertrand 

Attorney for Defendant Joye Vaught

Case 2:18-cr-00422-DJH Document 1221 Filed 08/18/21 Page 4 of 17
EXHIBIT A

Case 2:18-cr-00422-DJH Document 1221 Filed 08/18/21 Page 5 of 17
1 Gary S. Lincenberg (admitted pro hac vice) 

glincenberg@birdmarella.com 

2 Ariel A. Neuman (admitted pro hac vice) 

aneuman@birdmarella.com 

3 Gopi K. Panchapakesan (admitted pro hac vice) 

gpanchapakesan@,birdmarella.com 

4 BIRD, MARELLA,13OXER, WOLPERT, NESSIM, 

DROOKS, LINCENBERG & RHOW, P.C. 

5 1875 Century Park East, 23rd Floor 

Los Angeles, California 90067-2561 

6 Telephone: (3 I 0) 201-2100 

Facsimile: (310) 201-2110 

Attorneys for Defendant John Brunst 

7 

8 

9 

10 

1 1 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

12 United States of America, 

13 

14 vs. 

Plaintiff, 

15 Michael Lacey, et al., 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

3655792. 1 

Defendants. 

CASE NO. 2: l 8-cr-00422-004-PHX-SMB 

DECLARATION OF CUSTODIAN OF 

RECORDS OF AMERICAN EXPRESS 

PURSUANT TO FEDERAL RULES OF 

EVIDENCE 803(6) AND 902(11) 

Assigned to Hon. Susan M. Brnovich 

Courtroom 506 

Trial Date: August 17, 2020 

DECLARATION OF CUSTODIAN OF RECORDS 

Case 2:18-cr-00422-DJH Document 1221 Filed 08/18/21 Page 6 of 17
, certify and declare as follows: 

2 I. I am over the age of 18 years and not a party to this action. 

3 2. I am employed at The American Express Company ("Amex"), located at 

4 lSOOf.(hJ I 3bltv'~, ScM>f"J.S~ Fv 3 ~lrJ'J position at Amex is 

5 Prs~15f47lf Cu .. roh/J ~,-~ R~t-DrJ.s. 

6 3. I am a duly authorized and qualified custodian of business records of Arn ex. 

7 ln that capacity, I am familiar with the manner and methods used at Amex and by its 

8 personnel to make and maintain records as part of the ordinary course of business. 

9 4. The records produced herewith and in response to the subpoena of Defendant 

10 John Brunst in the above-captioned action are certain records of Amex ( collectively, "the 

11 records"). 

12 5. The records were made at or near the times of the acts and events described 

13 therein, and were made by, or from information transmitted by, people with knowledge of 

14 those acts and events. 

15 6. The records were kept in the course of Arnex's regularly conducted business 

16 activity. 

17 7. Making the records was a regular practice of Amex's regularly conducted 

l 8 business activity. 

19 I declare under penalty of per:jury under the laws of the United States of America 

20 that the foregoing is true and correct. 

2 I Executed August 12-rl-, 2020, ·ii! 111.n r, se) . Ff Or 11/111-

22 - YOWi/ ttf/lit,.,,,~ 

23 

24 

25 

26 

27 

28 

3655792 1 2 

DECLARATION OF CUSTODIAN OF KJ:::CORDS 

Case 2:18-cr-00422-DJH Document 1221 Filed 08/18/21 Page 7 of 17
Case 2:18-cr-00422-DJH Document 1221 Filed 08/18/21 Page 8 of 17
UNITED STATES DISTRCIT COURT

FOR THE DISTRICT OF ARIZONA

UNITED STATES OF AMERICA vs. MICHAEL LACEY, ET AL.

CASE NO. 2:18-cr-00422-004-PHX-SMB

DECLARATION OF JO-ANN W. QUINTANA CERTIFYING RECORDS

OF REGULARLY CONDUCTED BUSINESS ACTIVITY

I, the undersigned, Jo-Ann W. Quintana, declare that:

1. I am employed by Visa U.S.A. Inc., a wholly-owned subsidiary of Visa Inc. (“Visa”), 

as Sr. Director and by reason of my position, am authorized and qualified to make 

this declaration. 

2. I certify that, to the best of my knowledge or based on information from persons at 

Visa with knowledge of such matters, the documents produced by Visa in the above 

referenced matter and stamped VISA-BP-AZ00001-VISA-BP-AZ07566 reflect 

business records that were:

(a) made at or near the time of the occurrence of the matters set forth therein; 

(b) made by a person with knowledge of those matters, or based on information 

transmitted by a person with knowledge;

(c) kept in the course of regularly conducted business activity; and

(d) made by the regularly conducted business activity as a regular practice.

I declare under penalty of perjury that the foregoing is true and correct. Executed on June 

19, 2020.

 /s/ Jo-Ann W. Quintana

____________________________

JO-ANN W. QUINTANA

Case 2:18-cr-00422-DJH Document 1221 Filed 08/18/21 Page 9 of 17
Case 2:18-cr-00422-DJH Document 1221 Filed 08/18/21 Page 10 of 17
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

3647879.1 

DECLARATION OF CUSTODIAN OF RECORDS 

Gary S. Lincenberg (admitted pro hac vice)

 glincenberg@birdmarella.com 

Ariel A. Neuman (admitted pro hac vice)

 aneuman@birdmarella.com 

Gopi K. Panchapakesan (admitted pro hac vice)

 gpanchapakesan@birdmarella.com 

BIRD, MARELLA, BOXER, WOLPERT, NESSIM, 

DROOKS, LINCENBERG & RHOW, P.C. 

1875 Century Park East, 23rd Floor 

Los Angeles, California 90067-2561 

Telephone: (310) 201-2100 

Facsimile: (310) 201-2110 

Attorneys for Defendant John Brunst 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

United States of America, 

Plaintiff, 

vs. 

Michael Lacey, et al., 

Defendants. 

 CASE NO. 2:18-cr-00422-004-PHX-SMB 

DECLARATION OF CUSTODIAN OF 

RECORDS OF MASTERCARD 

PURSUANT TO FEDERAL RULES OF 

EVIDENCE 803(6) AND 902(11)

Assigned to Hon. Susan M. Brnovich 

Courtroom 506 

Trial Date: August 17, 2020 

Case 2:18-cr-00422-DJH Document 1221 Filed 08/18/21 Page 11 of 17
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

3647879.1 2 

DECLARATION OF CUSTODIAN OF RECORDS 

I, Roxanne Stewart, certify and declare as follows: 

1. I am over the age of 18 years and not a party to this action.

2. I am employed at MasterCard Incorporated (“MasterCard”), located at 2000

Purchase Street, Purchase, NY 10577. My position at MasterCard is Senior Specialist, 

Litigation. 

3. I am a duly authorized and qualified custodian of business records of

MasterCard. In that capacity, I am familiar with the manner and methods used at 

MasterCard and by its personnel to make and maintain records as part of the ordinary 

course of business. 

4. The records produced herewith and in response to the subpoena of Defendant

John Brunst in the above-captioned action are certain records of MasterCard (collectively, 

“the records”). The records’ pages bear numbers beginning with an “MC_DCTAZBP” 

prefix, which demonstrates that they were located and produced by MasterCard in 

response to a subpoena in this matter. 

5. The records were made at or near the times of the acts and events described

therein, and were made by, or from information transmitted by, people with knowledge of 

those acts and events. 

6. The records were kept in the course of MasterCard’s regularly conducted

business activity. 

7. Making the records was a regular practice of MasterCard’s regularly

conducted business activity. 

I declare under penalty of perjury under the laws of the United States of America 

that the foregoing is true and correct. 

Case 2:18-cr-00422-DJH Document 1221 Filed 08/18/21 Page 12 of 17
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

3647879.1 3

DECLARATION OF CUSTODIAN OF RECORDS 

Executed May 12, 2020, at 9:30 am. Westchester County, New York. 

[Roxanne Stewart] 

Case 2:18-cr-00422-DJH Document 1221 Filed 08/18/21 Page 13 of 17
Case 2:18-cr-00422-DJH Document 1221 Filed 08/18/21 Page 14 of 17
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

DECLARATION OF CUSTODIAN OF RECORDS 

Gary S. Lincenberg (admitted pro hac vice)

 glincenberg@birdmarella.com

Ariel A. Neuman (admitted pro hac vice)

 aneuman@birdmarella.com

Gopi K. Panchapakesan (admitted pro hac vice)

 gpanchapakesan@birdmarella.com

BIRD, MARELLA, BOXER, WOLPERT, NESSIM,

DROOKS, LINCENBERG & RHOW, P.C.

1875 Century Park East, 23rd Floor

Los Angeles, California 90067-2561

Telephone: (310) 201-2100

Facsimile: (310) 201-2110

Attorneys for Defendant John Brunst

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

United States of America,

Plaintiff,

vs.

Michael Lacey, et al.,

Defendants.

CASE NO. 2:18-cr-00422-004-PHX-SMB

DECLARATION OF CUSTODIAN OF 

RECORDS OF BANK OF MONTREAL 

PURSUANT TO FEDERAL RULES OF 

EVIDENCE 803(6) AND 902(11)

Assigned to Hon. Susan M. Brnovich

Courtroom 506

Trial Date: August 23, 2021

Case 2:18-cr-00422-DJH Document 1221 Filed 08/18/21 Page 15 of 17
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

2

DECLARATION OF CUSTODIAN OF RECORDS 

I, Christine James, certify and declare as follows: 

1. I am over the age of 18 years and not a party to this action. 

2. I am employed at Bank of Montreal, located at 100 King Street, Toronto, ON 

M5X 1A1 Canada. My position is Team Lead, Legal eDiscovery & Litigation Support 

Team. 

3. BMO Harris Bank, N.A. (“BHB”) is a wholly owned United States 

subsidiary of Bank of Montreal. 

4. I am a duly authorized and qualified custodian of business records of both 

Bank of Montreal and BHB (collectively, “BMO”). In that capacity, I am familiar with the 

manner and methods used at BMO and by its personnel and subsidiaries to make and 

maintain records as part of the ordinary course of business. 

5. The records produced herewith and in response to the subpoena of Defendant 

John Brunst in the above-captioned action are certain records of BMO (collectively, “the 

records”). The records’ pages bear numbers beginning with a “BMO” prefix, which 

demonstrates that they were located and produced by BMO in response to a subpoena in 

this matter. 

6. The records were made at or near the times of the acts and events described 

therein, and were made by, or from information transmitted by, people with knowledge of 

those acts and events. 

7. The records were kept in the course of BMO’s regularly conducted business 

activity. 

8. Making the records was a regular practice of BMO’s regularly conducted 

business activity. 

I declare under penalty of perjury under the laws of the United States of America 

that the foregoing is true and correct. 

Executed August 10, 2021, at _Pickering __________, _____________. Ontario

Case 2:18-cr-00422-DJH Document 1221 Filed 08/18/21 Page 16 of 17
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

3

DECLARATION OF CUSTODIAN OF RECORDS 

Christine James

Case 2:18-cr-00422-DJH Document 1221 Filed 08/18/21 Page 17 of 17