Matthew Marshall - Detention Transcript

Case 9:20-cr-00032-DWM Document 56 Filed 01/28/21 Page 1 of 17
1 JoAnn Jett Corson

Registered Diplomate Reporter
2 Certified Realtime Reporter
P. O. Box 8006
3 Missoula, Montana 59807-8006
406/829-7123 office
4 joann_corson@mtd.uscourts.gov
5 United States Court Reporter
9 IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA
10 MISSOULA DIVISION
11 UNITED STATES OF AMERICA, )

Plaintiff,) No. CR 20-32-M-DWM
12 vs. )
) TRANSCRIPT OF INITIAL
13 MATTHEW ANTHONY MARSHALL, ) APPEARANCE AND ARRAIGNMENT
Defendant.)
14 ________________________________)
15
16 BEFORE THE HONORABLE KATHLEEN L. DeSOTO

UNITED STATES DISTRICT COURT MAGISTRATE JUDGE
17 FOR THE DISTRICT OF MONTANA
18
Russell Smith United States Courthouse
19 201 East Broadway
Missoula, Montana 59802
20 Thursday, July 30, 2020
4:36 to 4:51 p.m.
21
22
23
24
Proceedings recorded by digital audio recording
25 Transcript produced by computer-assisted transcription
1 APPEARANCES
2 For the Plaintiff MR. RYAN G. WELDON

(by phone): Assistant U.S. Attorney
3 P.O. Box 8329
Missoula, Montana 59807
4
For the Defendant: MR. TIMOTHY M. BECHTOLD
5 Attorney at Law
P.O. Box 7051
6 Missoula, Montana 59807
8 CONTENTS
9 Proceedings ............................................ 3
10 Transcriber's Certificate .............................. 17
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1 PROCEEDINGS
2 (Open court.)
3 (Defendant present.)
4 THE CLERK: All rise. The United States District
5 Court is now in session, the Honorable Kathleen L. DeSoto
6 presiding.
7 THE COURT: Please be seated.
8 All right. This is the time and place set for the
9 initial appearance in the United States of America v. Matthew
10 Anthony Marshall. It is CR 20-32-M-DWM.
11 Good afternoon, Mr. Bechtold.
12 MR. BECHTOLD: Good afternoon, Your Honor.
13 THE COURT: How are you doing?
14 MR. BECHTOLD: Very good. Thank you.
15 THE COURT: Good.
16 And, Mr. Weldon, are you on the phone?
17 MR. WELDON: Yes, I am, Your Honor.
18 THE COURT: Wonderful. Can you hear me okay?
19 MR. WELDON: I can, Your Honor.
20 THE COURT: Okay. All right.
21 Okay. Are you Matthew Anthony Marshall?
22 THE DEFENDANT: Yes, Your Honor.
23 THE COURT: Okay. So, Mr. Marshall, you have the
24 right to retain your own attorney if you are financially able
25 to do that, but I've reviewed your financial affidavit, and I
3
1 find that you lack the means to do so, so I am going to sign
2 this order that appoints Tim Bechtold to represent you
3 throughout the pendency of these proceedings. Okay?
5 THE COURT: All right. Do you have a copy of the
6 indictment there with you?
7 THE DEFENDANT: Yes.
8 THE COURT: Okay. So, Mr. Marshall, the grand jury
9 has returned this indictment finding probable cause to charge
10 you as follows:
11 You are charged in Count 1 with wire fraud. That's
12 in violation of Title 18, United States Code, Section 1343.
13 The maximum penalty for that count is 20 years' impris- -- up
14 to 20 years' imprisonment, a $250,000 fine, and three years of
15 supervised release.
16 You are charged in Counts 2 through 7 with money
17 laundering. That's in violation of Title 18, United States
18 Code, Section 1957. The maximum penalty for that count is ten
19 year- -- up to ten years' imprisonment, a $250,000 fine, and
20 three years of supervised release.
21 And you're charged in Counts 8 through 10 with tax
22 evasion. That's in violation of Title 26, United States Code,
23 Section 7201. The maximum penalty for those counts is up to
24 five years of imprisonment, a $100,000 fine, and three years
25 of supervised release.
4
1 There are also forfeiture allegations in this
2 indictment. Those are subject to Title 18, United States
3 Code, Section 981(a)(1)(C); Title 28, United States Code,
4 Section 21- -- or, I'm sorry, Section 2461(c); and Title 18,
5 United States Code, Section 982(a)(1). And forfeiture
6 essentially allows the government to seize proceeds and
7 requires you to forfeit the proceeds of the criminal charges,
8 and I believe these go with Counts 1 and 2 through 7. And if
9 the proceeds are no longer in your possession, the government
10 has the ability to seek substitute proceeds.
11 So those are all of the counts in the indictment.
12 I need to advise you of your rights:
13 You have the right to remain silent. Anything you
14 say can and will be used against you in these proceedings, but
15 you don't have to make a statement to anyone at all. The
16 exception, of course, is that Mr. Bechtold is your attorney,
17 and so the conversations that you have with him are protected
18 by an attorney/client privilege, so you should feel
19 comfortable in speaking with him.
20 You have the right to have counsel present at any
21 questioning by law enforcement and any and all court
22 proceedings.
23 And then, Mr. Marshall, are you a United States
24 citizen?
5
1 THE COURT: Okay.
2 Do you understand these rights as I just read them
3 out loud to you?
5 THE COURT: And as we sit here right now, do you
6 have any mental health issues or physical health issues that
7 would impair your ability to understand what we're doing here
8 today?
9 THE DEFENDANT: No, Your Honor.
10 THE COURT: All right.
11 Mr. Bechtold, have you had the opportunity to review
12 and discuss the indictment with your client?
13 MR. BECHTOLD: Yes, Your Honor.
14 THE COURT: And does he wish the indictment to be
15 read?
16 MR. BECHTOLD: No, thank you. We waive.
17 THE COURT: Okay.
18 So, Mr. Marshall, do you understand the nature of
19 the charges against you?
21 THE COURT: And do you understand the maximum
22 penalties that can be imposed upon you were you to either
23 plead guilty to these charges or be found guilty after a
24 trial?
6
2 Mr. Bechtold, how does your client plead?
3 MR. BECHTOLD: Not guilty, Your Honor, and deny the
4 forfeiture.
6 There will be a preliminary pretrial conference on
7 August 12, 2020 at 9:45 a.m.
8 And just so you know, Mr. Marshall, the pretrial
9 conferences in the federal system in criminal cases are just
10 telephone conferences between the attorneys and the court
11 staff, so you won't be coming down here for open court for
12 that conference. All right?
13 THE DEFENDANT: Thank you, Your Honor.
14 THE COURT: Mr. Weldon, what is the government's
15 position on detention?
16 MR. WELDON: Your Honor, the United States moves for
17 detention.
18 THE COURT: I'm sorry; I couldn't hear you. Say
19 that again.
20 MR. WELDON: Yes, Your Honor.
21 The United States moves for detention, and I'm more
22 than happy to address some of those factors for the Court now
23 if you'd like.
25 I assume, Mr. Bechtold, that you would like your
7
1 client released; is that correct?
2 MR. BECHTOLD: Yes, Your Honor.
4 So, yeah, Mr. Weldon, why don't you go ahead and
5 make whatever argument you'd like.
6 MR. WELDON: Yes, Your Honor.
7 This is under 3142(f)(2), so I have the laboring oar
8 here, but I do think that there are a few things the Court
9 should be aware of.
10 I know that you've seen the indictment, Your Honor,
11 and those are only presumed to be allegations and the
12 defendant is presumed to be innocent at this point, but a
13 couple of things that I think are important for the flight
14 risk is, No. 1, there are claims that the defendant was a
15 former CIA agent and that he was part of the elite Force
16 Reconnaissance unit with the U.S. Marine Corp. We don't
17 believe those allegations to be accurate, which is part of the
18 scheme to defraud, but I do think it plays into factors with
19 foreign ties and the flight risk that the defendant might
20 have.
21 And then in terms of dangerousness to the community,
22 I know that when law enforcement arrested the defendant today,
23 he was carrying a concealed weapon. He did not have a license
24 for that.
25 They also found some law enforcement badges with
8
1 him, and he's not a law enforcement officer, Your Honor.
2 So for those reasons, the United States is moving
3 for detention in addition to the allegations which include up
4 to $2.3 million in fraud.
5 THE COURT: All right. Anything else, Mr. Weldon?
6 MR. WELDON: No, Your Honor. Thank you for your
7 time.
8 THE COURT: You're welcome.
9 Mr. Bechtold.
10 MR. BECHTOLD: Your Honor, I think that any sort of
11 travel issues can be addressed by forfeiting his passport.
12 And I believe that Probation has already made
13 arrangements to have any firearms be removed from the home.
14 The point here is, Your Honor, he has a steady place
15 to go. His spouse is a nurse and is working. He has
16 dependents there. I think that, given the travel restrictions
17 that the Court can apply, that a flight risk can be averted if
18 that is the government's main concern.
20 So, Mr. Marshall, as I'm sure you've gleaned from
21 the conversations that we've had here today, the two areas
22 that I have to look at when considering whether to detain you
23 or to release you are whether you are a flight risk and the
24 other is whether you are a danger to the community.
25 In terms of the flight risk, I do think that I can
9
1 impose conditions that would limit your travel. I don't know
2 about the statements in terms of CIA and the elite force and
3 all of that. And in terms of foreign ties, I honestly and
4 obviously don't know what connections you have with other
5 folks from other countries, but I can require you to, if you
6 have a passport, to surrender that.
7 And so you are going to have to do that. Do you
8 actually have a passport?
9 THE DEFENDANT: I do, Your Honor. I don't have it
10 with me.
11 THE COURT: No, I wouldn't expect that. You're
12 going to have to surrender it.
13 What's the easiest way to do that, Mark? Mail it
14 in?
15 PROBATION OFFICER HENKEL: Yeah.
16 THE COURT: Okay.
17 I need you to mail it in tomorrow. Okay?
19 THE COURT: And then I'm also going to limit your
20 travel to the District of Montana.
21 The other concern is a little bit different, and
22 that is that you had a firearm, which, my understanding is you
23 did not have a concealed carry permit.
24 THE DEFENDANT: I, I do, Your Honor. I have a --
25 THE COURT: Do you have a permit?
10
1 THE DEFENDANT: I do. It's actually in my vehicle.
2 It's a lifetime firearms permit.
3 THE COURT: From?
4 THE DEFENDANT: Indiana.
5 THE COURT: All right. Well, I don't think that
6 necessarily addresses my concern because, to be honest, I
7 don't know that a lifetime carry permit in Indiana is valid in
8 the State of Montana. And it seems to me, again -- I, I don't
9 know this as I'm sitting here today, but it seems to me that
10 if you're going to have -- if you're gonna be concealed-
11 carrying in Montana, there probably needs to be some
12 involvement of the State of Montana. Again, I think that can
13 be addressed.
14 It sounds like your wife has agreed to turn over the
15 gun; is that correct?
16 (No audible response.)
17 THE COURT: Okay. Are there any other firearms,
18 other than that pistol that you had on you when you were
19 picked up, in the house?
20 THE DEFENDANT: I was, I was in my vehicle. Yeah,
21 there's two more firearms in the vehicle.
22 THE COURT: Okay. What's in your house?
23 THE DEFENDANT: There's one in the house, too.
24 THE COURT: Okay. So I guess what you're going to
25 be required to do is get rid of all of your weapons. Okay?
11
2 THE COURT: Whether they're in your house, your
3 vehicle, your wife's vehicle, out in the shed, whatever,
4 any -- you cannot and you will not be able to possess any
5 firearms whatsoever. Do you have any question about that?
6 THE DEFENDANT: No, Your Honor, I -- no. No, your
7 Honor.
8 THE COURT: Okay.
9 As to the impersonating a -- or I'm not sure if it's
10 impersonating. You know, you had a badge on you, a law
11 enforcement badge. I don't know what exactly is going on
12 there, but I can tell you this: It is obviously against the
13 law to impersonate a law enforcement officer, and so that
14 would, I think, fall under the rubric of not violating any
15 other crime -- not violating any other statutes, whether it's
16 state, local, tribal, or federal.
17 But I just want to tell you that, you know, don't do
18 that. Okay? It's, it's not good. It's not a good thing to
19 do. It places other people in danger. It can at least
20 potentially do that. I'm giving you the benefit of the doubt
21 today, but you need to not impersonate officers or people that
22 you're not. Okay?
23 (No audible response.)
24 THE COURT: Do you understand?
25 THE DEFENDANT: Yes, Your Honor. I, I didn't know
12
1 that I was in possession of a law enforcement badge.
2 THE COURT: Okay. Well, these are the conditions
3 that I'm going to impose upon you:
4 You must not commit any offense in violation of
5 federal, state, local, or tribal law.
6 You must cooperate in the collection of DNA if it's
7 authorized.
8 You must advise the Court and the Pretrial Services
9 officer in writing before making any change of residence or
10 telephone number. And what that means is if you're not gonna
11 be staying at the home that you provided to the probation
12 officer, you need to ask permission first before you move from
13 a residence or change a phone number. Don't do it first and
14 then say, "Oh, by the way, this is what I did." You need to
15 ask permission first. It won't be unrea- -- the permission to
16 do so will not be unreasonably withheld. You just need to
17 make sure you let them know ahead of time.
18 Obviously you must appear in court as you're
19 required, and, if you are convicted, you must surrender as
20 directed to serve any sentence that the Court imposes.
21 And here are some additional conditions that I'm
22 going to impose based on the facts of this case:
23 You must submit to the supervision by and report to
24 the Pretrial Services officer no later than immediately
25 following today's court proceedings. So you can meet with
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1 Mark Henkel, who will get you set up with your supervising
2 officer. And after that, once you're initially set up, you
3 must meet with your supervising officer as they direct.
4 You must surrender to the Pretrial Services officer
5 any passport or any other international travel document, and
6 do not obtain any other passport or international travel
7 document.
8 Except upon prior approval by the Pretrial Services
9 officer, your travel is going to be restricted to the District
10 of Montana. So, again, that's one of those "Don't do it first
11 and then ask forgiveness later."
13 THE COURT: You need to ask permission first. It
14 will not be unreasonably withheld, but you need to make sure
15 that there is permission before you leave the State of
16 Montana.
17 You shall not have contact with, of any kind, or
18 harass, threaten, intimidate, tamper with, improperly
19 influence, or injure the person or property of witnesses,
20 coconspirators, jurors, informants, victims of crime, judicial
21 officers, or other persons related to official proceedings
22 before the Court. That would be in violation of 18 United
23 States Code Sections 1503, 1512, and 1513. So basically what
24 that means is don't talk to anyone involved in the case, and
25 that means texting, emailing, having third parties contact
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1 them. No contact whatsoever with anyone who is involved in
2 this case.
3 You must not possess a firearm, destructive device,
4 or any other weapon.
5 And then, finally, you must maintain contact with
6 your attorney.
7 So I'll hand this down.
8 And I need to advise you, of course, that the most
9 immediate consequence of violating those conditions is that
10 you'll be brought back before me and I would have to determine
11 whether or not to revoke your pretrial release, but there's
12 also more serious consequences, and that could include up to a
13 $250,000 fine and ten years in prison if you commit certain
14 other additional crimes while out on release. So there are
15 some teeth to these conditions, and we expect them to be
16 observed.
18 MR. BECHTOLD: May I approach?
19 THE COURT: You may.
20 (Discussion off the record.)
21 MR. BECHTOLD: May I approach?
22 THE COURT: You may.
23 All right, Mr. Marshall. I have signed this order.
24 And so after our hearing today, you need to get processed
25 through the marshal's service, and then meet with probation
15
1 right afterwards and he can get you set up with your
2 supervising officer. Okay?
5 Mr. Bechtold, is there anything else?
6 MR. BECHTOLD: Nothing further, Your Honor. Thank
7 you.
8 THE COURT: Mr. Weldon, anything else?
9 MR. WELDON: No, Your Honor. Thank you for all your
10 time today.
11 THE COURT: You bet. We'll be in recess.
12 (Proceedings were concluded at 4:51 p.m.)
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1 TRANSCRIBER'S CERTIFICATE
2 I, JoAnn Jett Corson, certify that the foregoing
3 transcript is an accurate transcription, to the best of my
4 ability, from the digital audio recording of the proceedings
5 given at the time and place hereinbefore mentioned; and that a
6 certified copy of this transcript will be filed electronically
7 with the Court.
8 I further certify that I am not attorney for, nor
9 employed by, nor related to any of the parties or attorneys to
10 this action, nor financially interested in this action.
11 IN WITNESS WHEREOF, I have set my hand at Missoula,
12 Montana this 28th day of January, 2021.
13
14 /s/ JoAnn Jett Corson

_____________________________
15 JoAnn Jett Corson
United States Court Reporter
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Case 9:20-cr-00032-DWM Document 56 Filed 01/28/21 Page 1 of 17

1 JoAnn Jett Corson

5 United States Court Reporter

9 IN THE UNITED STATES DISTRICT COURT

11 UNITED STATES OF AMERICA, )

16 BEFORE THE HONORABLE KATHLEEN L. DeSOTO

2 For the Plaintiff MR. RYAN G. WELDON

10 Transcriber's Certificate .............................. 17

4 THE CLERK: All rise. The United States District

5 Court is now in session, the Honorable Kathleen L. DeSoto

7 THE COURT: Please be seated.

9 initial appearance in the United States of America v. Matthew

10 Anthony Marshall. It is CR 20-32-M-DWM.

11 Good afternoon, Mr. Bechtold.

12 MR. BECHTOLD: Good afternoon, Your Honor.

13 THE COURT: How are you doing?

14 MR. BECHTOLD: Very good. Thank you.

15 THE COURT: Good.

16 And, Mr. Weldon, are you on the phone?

17 MR. WELDON: Yes, I am, Your Honor.

18 THE COURT: Wonderful. Can you hear me okay?

19 MR. WELDON: I can, Your Honor.

20 THE COURT: Okay. All right.

21 Okay. Are you Matthew Anthony Marshall?

22 THE DEFENDANT: Yes, Your Honor.

23 THE COURT: Okay. So, Mr. Marshall, you have the

24 right to retain your own attorney if you are financially able

25 to do that, but I've reviewed your financial affidavit, and I

1 find that you lack the means to do so, so I am going to sign

2 this order that appoints Tim Bechtold to represent you

3 throughout the pendency of these proceedings. Okay?

4 THE DEFENDANT: Yes, Your Honor.

5 THE COURT: All right. Do you have a copy of the

6 indictment there with you?

7 THE DEFENDANT: Yes.

8 THE COURT: Okay. So, Mr. Marshall, the grand jury

9 has returned this indictment finding probable cause to charge

11 You are charged in Count 1 with wire fraud. That's

12 in violation of Title 18, United States Code, Section 1343.

13 The maximum penalty for that count is 20 years' impris- -- up

14 to 20 years' imprisonment, a $250,000 fine, and three years of

16 You are charged in Counts 2 through 7 with money

17 laundering. That's in violation of Title 18, United States

19 year- -- up to ten years' imprisonment, a $250,000 fine, and

20 three years of supervised release.

21 And you're charged in Counts 8 through 10 with tax

22 evasion. That's in violation of Title 26, United States Code,

23 Section 7201. The maximum penalty for those counts is up to

24 five years of imprisonment, a $100,000 fine, and three years

1 There are also forfeiture allegations in this

2 indictment. Those are subject to Title 18, United States

3 Code, Section 981(a)(1)(C); Title 28, United States Code,

5 United States Code, Section 982(a)(1). And forfeiture

6 essentially allows the government to seize proceeds and

7 requires you to forfeit the proceeds of the criminal charges,

8 and I believe these go with Counts 1 and 2 through 7. And if

9 the proceeds are no longer in your possession, the government