1

1 IN THE UNITED STATES DISTRICT COURT

2 FOR THE DISTRICT OF COLORADO

3 Case No. 11-cr-00355-MSK

4 ___________________________________________________________

5 UNITED STATES OF AMERICA,

6 Plaintiff,

7 vs.

8 WAUNITA WEINGART, et al.,

9 Defendants.

10 ____________________________________________________________

11 Proceedings before MICHAEL J. HEGARTY, United

12 States Magistrate Judge, United States District Court for

13 the District of Colorado, commencing at 2:08 p.m., September

14 2, 2011, in the United States Courthouse, Denver, Colorado.

15 ____________________________________________________________

16 WHEREUPON, THE ELECTRONICALLY RECORDED PROCEEDINGS

17 ARE HEREIN TYPOGRAPHICALLY TRANSCRIBED...

18 ____________________________________________________________

19 APPEARANCES

20 LINDA KAUFMAN, Assistant United States Attorney,

21 appearing for the government. 

22

23 ____________________________________________________________

24 INITIAL APPEARANCE

25

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1 P R O C E E D I N G S

2 (Whereupon, the within electronically recorded

3 proceedings are herein transcribed, pursuant to order of

4 counsel.)

5 THE COURT: Please be seated. Ms. Kaufman -–

6 MS. KAUFMAN: Good afternoon.

7 THE COURT: -- how are you?

8 MS. KAUFMAN: Thank you. 

9 THE COURT: United States of America versus Waunita

10 and Alois Craig Weingart, Case No. 11-cr-00355, Ms. Kaufman

11 for the United States.

12 MS. KAUFMAN: Good afternoon.

13 THE COURT: Okay. I have in front of me an

14 Indictment issued by the grand jury in this district, 11-cr15 00355, United States of America versus Waunita Weingart,

16 John Phillip Gallegos and Alois Craig Weingart, containing

17 numerous counts. 

18 As against Mr. Weingart, Counts 1, 2, 7, 8 and 9,

19 alleged wire fraud under 18 United States Code, Section

20 1343. Each of those carries with it a potential penalty of

21 not more than 20 years in prison, not more than a $250,000

22 fine, or both, not more than a $100 special assessment fee,

23 and I assume three years’ supervised release. Ms. Kaufman?

24 MS. KAUFMAN: That’s correct.

25 THE COURT: Okay. Count 17, also against Mr.

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Case No. 1:11-cr-00355-MSK Document 145 filed 09/14/12 USDC Colorado pg 2 of 7
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1 Weingart, engaging in money transactions and property

2 derived from specified unlawful activity under 18 United

3 States Code, Section 1957. The potential penalty for that

4 is not more than 10 years in prison, not more than a

5 $250,000 fine, or both, a $100 special assessment fee, and 

6 a potential of three years’ supervised release.

7 With regard to Ms. Weingart, Counts 1, 3, 4, 5, 6,

8 7, 8, 9, 10 and 1l, alleged wire fraud under 18 United

9 States Code, Section 1343. Again, each count contains not

10 more than 20 years in prison, not more than a $250,00 fine,

11 or both, not more than three years’ supervised release, and

12 a $100 special assessment fee.

13 Counts 13, 14, 15, 16 and 18, engaging in unlawful

14 money -- monetary transactions and property derived from

15 specified unlawful activity under 18 United States Code,

16 Section 1957. Again, that’s not more than ten years in

17 prison, not more than a $250,000 fine, or both, not more

18 than three years’ supervised release, and a $100 special

19 assessment fee.

20 With regard to these charges, you have the right

21 to remain silent, anything you say in this court or to the

22 United States can be used against you in the prosecution of

23 this case. You have the right to counsel. If you cannot

24 afford an attorney, I will appoint one for you at no cost to

25 you. You have both filled out financial affidavits. You

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1 don’t own a home it appears. No children it appears, or at

2 least no dependents. 

3 Okay. I find that you qualify for appointment of

4 counsel, and I will appoint a federal public defender to

5 represent Ms. Weingart, and a member of the CJA panel to

6 represent Mr. Weingart.

7 You also have the right to a trial by jury. At

8 that trial you’ll be presumed innocent until proven guilty. 

9 The government is required to prove you guilty beyond a

10 reasonable doubt. You’ll be allowed to challenge the

11 government’s evidence, put on evidence that you are innocent

12 and, if you’re found guilty, you can appeal that conviction. 

13 The United States is seeking detention in this case. Is

14 that correct, Ms. Kaufman?

15 MS. KAUFMAN: Yes, Your Honor.

16 THE COURT: Is there prior criminal conduct?

17 MS. KAUFMAN: The problem right now is we have

18 virtually no information on their –- at least a little bit

19 based on –-

20 THE COURT: Okay. 

21 MS. KAUFMAN: -- jobs or -–

22 THE COURT: All right.

23 MS. KAUFMAN: -- anything that would tie them to

24 the community. 

25 THE COURT: Not the typical case that you would see

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1 detention, but you have --

2 MS. KAUFMAN: No, that’s -– but that’s the reason

3 I had expected actually to come to court and have

4 (inaudible) information provided (inaudible - not at

5 microphone).

6 THE COURT: Okay. Well, here’s the situation. 

7 This is the kind of a charge that normally results in the

8 defendant being released pending trial. The machinery needs

9 some time to investigate your backgrounds to make sure

10 there’s nothing funny, but if you are the people that would

11 typically be defendants in this kind of case, I would say

12 it’s likely that you’ll be released. However, there is a

13 federal law that says the United States government, the

14 prosecution in this case, can ask for three days -- and that

15 has to be business days -- to consider whether they’re going

16 to seek detention or not. The federal law says that during

17 that time period I have no alternative but to have you

18 detained.

19 Now, unfortunately, we have a three-day weekend,

20 so this is going to be somewhat longer than unusual. The

21 first time that -- and if Ms. Kaufman wants the three days,

22 then we’ll have to wait until the 12th of September. Or,

23 excuse me, the 8th of September, which will be next

24 Thursday. 

25 Ms. Kaufman, do you seek the three days?

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1 MS. KAUFMAN: Either two or three days. I think

2 the probation department has to gather some information -–

3 THE COURT: Right, I understand.

4 MS. KAUFMAN: -- and we do as well.

5 DEFENDANT WUANITA WEINGART: Can I speak?

6 THE COURT: Well, I’m not going to prohibit you

7 from speaking, just remember that even questions can contain

8 information, so if you want to ask me something, that’s

9 fine, but you do a right to remain silent at this point. Do

10 you want to ask me something?

11 DEFENDANT WUANITA WEINGART: I would just say that

12 I would lose my employment by then. That’s all.

13 THE COURT: Well, and I would regret that that

14 happens, but it is the law, and the last thing I want, or

15 the last thing you want even is a judge who is permitted to

16 disregard the law because of (inaudible), so I don’t have

17 any choice if Ms. Kaufman requests detention.

18 But if we can try to be prepared by Wednesday

19 afternoon that might save you a day. Do you think we can do

20 that?

21 UNIDENTIFIED MALE SPEAKER: That’s not a problem,

22 Your Honor.

23 THE COURT: All right. Are you available Wednesday

24 afternoon, Ms. Kaufman?

25 MS. KAUFMAN: Yes, Your Honor.

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Case No. 1:11-cr-00355-MSK Document 145 filed 09/14/12 USDC Colorado pg 6 of 7
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1 THE COURT: Okay. Is this your case?

2 MS. KAUFMAN: Yes.

3 THE COURT: Okay. 

4 THE CLERK: We can do 2 p.m.

5 THE COURT: 2 p.m. on Wednesday afternoon.

6 Between now and then you will be speaking with

7 your attorney, and at that time we will have an arraignment,

8 discovery and detention hearing at which you’ll be allowed

9 to enter your plea, and also, hopefully, on your parts at

10 least, request release under some kind of conditions. Okay?

11 Anything further, Ms. Kaufman?

12 MS. KAUFMAN: No, thank you, Your Honor.

13 THE COURT: Okay. Then Mr. and Mrs. Weingart are

14 remanded to the custody of the United States Marshal. 

15 Do we have another matter?

16 THE CLERK: Yes, Your Honor.

17 THE COURT: Okay. We’ll be in recess.

18 THE CLERK: All rise.

19 (Whereupon, the within hearing was then in

20 conclusion at 2:15 p.m. on September 2, 2011.)

21 I certify that the foregoing is a correct

22 transcript, to the best of my knowledge and belief, from the

23 record of proceedings in the above-entitled matter.

24 /s/ Bonnie Nikolas August 14, 2012

25 Signature of Transcriber Date

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