day 7 trial of carrie neighbors

8/6/2019 DAY 7 Trial of Carrie Neighbors

1/100

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

USA V CARRIE NEIGHBORS

NANCY MORONEY WISS, CSR, RMR, FCRR

117

UNITED STATES DISTRICT COURTDISTRICT OF KANSAS

UNITED STATES OF AMERICA, Docket No. 07-20124

Plaintiff, Kansas City, KansasDate: 9/21/10

v.

CARRIE NEIGHBORS,

Defendant....................

TRANSCRIPT OFJURY TRIAL - DAY SEVEN

BEFORE THE HONORABLE CARLOS MURGUIA,UNITED STATES DISTRICT JUDGE.

APPEARANCES:

For the Plaintiff: Mari etta ParkerAsst. US Attorney360 US Courthouse500 State AvenueKansas City, KS 66101

For the Defendant: John Duma

Attorney at Law303 E Poplar StreetOlathe, KS 66061

Court Reporter: Nancy Moroney Wiss, CSR, RMR, FCRROfficial Court Reporter558 US Courthouse500 State AvenueKansas City, KS 66101


2/100

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



117

I N D E X

GOVERNMENT'S WITNESS:Henry Herron

Direct Exam by Ms. Parker 1176

Motion - Directed Verdict 1222

Stipulation RE: Anthony 'Tony' Reyes 1227

DEFENDANT'S WITNESS:Lois Jackson

Direct Exam by Mr. Duma 1228Cross Exam by Ms. Parker 1238

Renewed Motion - Directed Verdict 1262

Jury Charge Conference 1265


3/100

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

09:06:51



117

I N D E X

EXHIBITS: OFFERED RECEIVED

Govt's 16.1 1174 1175Govt's 17.1 1174 1175Govt's 18.1 1174 1175


4/100

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

09:06:51

09:06:53

09:06:57

09:07:00

09:07:03

09:07:07

09:07:11

09:07:17

09:07:20

09:07:24

09:07:29

09:07:32

09:07:35

09:07:41

09:07:44

09:07:48

09:07:51

09:07:53

09:07:57

09:07:59

09:08:00

09:08:03

09:08:07

09:08:11

09:08:14



117

MS. PARKER: Your Honor, just so we don't

surprise anybody, we have these large summary exhibits.

There is a copy of a smaller version of this on the

bench for the court. But I will be asking the court's

permission to allow Agent Herron to step off the stand,

and we would set it up here in front of the jury, and

then we would go through the information that's on here,

but I will tell the court that the copy that the court

and the parties have shows Count 2 and Count 10 on the

top, but we've changed that on these to show overt act

rather than the counts, because we won't be charging

those as counts, and we will start with Count 3 and go

down in the order of the number of th e count we're --

so, this Count 2 on the top really wo n't be discussed

until we get to Count 16.

THE COURT: All right. Any comment?

MR. DUMA: No comments. Miss Parker has

assured me that nothing in the charts is there that

hasn't all ready been admitted into evidence, so I have

no objection to proceeding like that.

MS. PARKER: And the exhibit itself has all

of the exhibit stickers with the numbers that rel ate to

each of the boxes on each chart.

THE COURT: Thank you. We'll call the jury

in.


5/100

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

09:08:54

09:08:56

09:08:59

09:09:02

09:09:04

09:09:07

09:09:07

09:09:08

09:09:09

09:09:11

09:09:15

09:09:20

09:09:24

09:09:27

09:09:38

09:09:41

09:09:43

09:09:44

09:09:46

09:09:48

09:09:49

09:09:51

09:09:54

09:09:58

09:10:01



117

MS. PARKER: Your Honor, we have three

exhibits that have been stipulated to that we were going

to put in with this witness, but Mr. Duma indicates we

could just put them in now, I could offer them and he

would not object, which might make things go more

smoothly.

THE COURT: Okay.

MS. PARKER: So, with the court's

permission, the government would offer Government's

Exhibit 16.1, which is a bank statement from Intrust

Bank. Government would offer Government's Exhibit --

THE COURT: Hold on, Jennifer. Hold on.

Excuse me, sir. I'm sorry. I apologize. If you just

wait just a couple minutes. I'm sorry.

MS. PARKER: I'm sorry. We asked for a last

minute --

MS. WALTON: Judge, would you like me to

take them back into the room?

MS. PARKER: This will just take a second.

THE COURT: It won't take very long.

MS. PARKER: Government has offered

Government's Exhibit 16.1, the Intrust Bank record,

government now offers 17.1, which is another Intrust

Bank record relating to Professional Delivery Services

account, and government offers Government's


6/100

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

09:10:04

09:10:06

09:10:11

09:10:13

09:10:15

09:10:18

09:10:21

09:10:22

09:10:24

09:10:30

09:10:32

09:10:33

09:10:35

09:11:21

09:11:21

09:11:22

09:11:24

09:11:26

09:11:30

09:11:34

09:11:36

09:11:39

09:11:42

09:11:45

09:11:48



117

Exhibit 18.1, which is a Commerce Bank statement related

to an account of Guy and Carrie Neighbors at that bank.

THE COURT: Government has identified three

exhibits that it is offering at this time. They also

represented that they believe there's no objection from

defendant in regards to these exhibits. Mr. Duma?

MR. DUMA: That's correct, Your Honor.

THE COURT: At this time, court is going to

admit Exhibits 16.1, 17.1, and 18.1. Anything else

before we bring the jury in?

MS. PARKER: No, Your Honor.

MR. DUMA: Nothing else. Thank you.

THE COURT: Call the jury, please.

(Jury returned at 9:10 AM.)

THE JURY: Good morning.

THE COURT: Thank you. Hopefully, everybody

had a good night's rest. Apologize about your little

stop and go right there. That was the court having to

do something. I'm sorry. I did ask Miss Walton to

bring you in, and then I'm sorry, something came up, but

we're here in the courtroom now. So, again, as you've

been doing throughout the trial, please be alert, please

be attentive to everything that's being presented to

you. Thank you. Miss Parker?

MS. PARKER: Thank you, Your Honor. Your


7/100

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

09:11:50

09:11:54

09:12:04

09:12:06

09:12:08

09:12:13

09:12:13

09:12:15

09:12:24

09:12:26

09:12:28

09:12:28

09:12:30

09:12:31

09:12:34

09:12:36

09:12:38

09:12:40

09:12:42

09:12:42

09:12:42

09:12:42

09:12:43

09:12:43

09:12:44



117

Honor, as its final witness, the United States would

call Special Agent Henry Herron.

THE COURT: Before you take your seat, I

need for you to raise your right hand.

(Witness sworn.)

THE WITNESS: I do.

THE COURT: Please take your seat. Careful

as you get in there. If you would, as you give your

answers to the questions you're asked, please speak up

loud and clear and speak into the microphone.

THE WITNESS: Yes, sir.

THE COURT: Have you start with you stating

your name.

THE WITNESS: My name is Special Agent Henry

Herron, H E R R O N.

THE COURT: And your first name please.

THE WITNESS: Henry, H E N R Y.

THE COURT: Thank you. Miss Parker.

MS. PARKER: Thank you, Your Honor.

HENRY HERRON,

Called as a witness on behalf of the government, having

been first duly sworn, testified as follows:

DIRECT EXAMINATION

BY MS. PARKER:

Q. Agent Herron, where a re you employed?


8/100

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

09:12:45

09:12:48

09:12:48

09:12:50

09:12:52

09:12:54

09:12:56

09:12:58

09:12:59

09:13:04

09:13:07

09:13:11

09:13:16

09:13:20

09:13:23

09:13:27

09:13:30

09:13:31

09:13:35

09:13:37

09:13:37

09:13:40

09:13:44

09:13:48

09:13:49



117

A. I 'm employed with the Internal Revenue Service,

criminal investigation.

Q. And in the course -- well, f irst of a ll , how long

have you been employed with the IRS?

A. I t w il l be 23 years in December.

Q. All r ight . And how long have you been with the

criminal investigation division of the IRS?

A. 13.

Q. All r ight . What is the IRS interest in this case

that you were brought in to investigate?

A. Basical ly, we investigate viola tions of Tit le 26,

which is tax, Title 18 which is fraud, and Title 31

which is the bank secrecy -- bank secrecy act.

Basically, that's just a long winded way of saying that

our theory is that if you follow the money, it will take

you to the individuals committing the crime, and that's

what I do is follow the money.

Q. All r ight . And are you experienced in the

investigation of money laundering offenses?

A. Yes.

Q. All r ight . Now, in the course o f your

employment, have you prepared some summary charts

relating to the evidence that has been received in this

case?

A. Yes, I've -- I 've reviewed summary charts that


9/100

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

09:13:52

09:13:55

09:13:57

09:13:58

09:14:01

09:14:05

09:14:07

09:14:07

09:14:09

09:14:10

09:14:13

09:14:17

09:14:21

09:14:25

09:14:27

09:14:30

09:14:42

09:14:43

09:14:44

09:14:49

09:14:52

09:14:54

09:14:56

09:14:58

09:15:01



117

were prepared and analyzed those.

Q. All r ight . And made changes as necessary?

A. Correct.

Q. And verif ied that the information in the summary

charts is in fact a correct and accurate reflection of

the evidence that has been entered so far?

A. Yes.

Q. All right.

MS. PARKER: Your Honor, we have some

summary charts prepared, and the government would

request leave of court for Agent Herron to leave the

witness stand so that we can set the easel up here, and

he can explain each of the summary charts to the jury in

a way that everybody can see what he's referring to.

THE COURT: Permission granted.

MS. PARKER: Thank you, Agent Herron.

(Witness stepped down.)

BY MS. PARKER:

Q. Here's a laser pointer in case you need i t. And

where would be most comfortable for you to stand?

A. Jus t r ight the re . I 'l l s tand here.

Q. All r ight . And I want to show you what has been

marked for purposes of identification as Government's

Exhibit 210. Do you recognize that?

A. Yes.


10/100

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

09:15:01

09:15:03

09:15:07

09:15:07

09:15:16

09:15:22

09:15:31

09:15:34

09:15:35

09:15:40

09:15:41

09:15:45

09:15:48

09:15:48

09:15:49

09:15:53

09:15:53

09:15:55

09:15:57

09:15:58

09:16:01

09:16:02

09:16:02

09:16:05

09:16:09



117

Q. All r ight . And is this a fair and accurate

summary chart of the evidence as it relates to Count 3?

A. Correct.

Q. All r ight . The government is offer ing this for

demonstration purposes only and identification purpose.

Now, Agent Herron, Count 3 in the indictment relates to

this Check Number 10717, correct?

A. Correct.

Q. All r ight . And that was a check that was wri tten

to whom?

A. That check was wri tten to a Mr. Pat Nieder here.

Q. All r ight . And whose s ignature appears on that

check?

A. Miss Carrie Neighbors.

Q. And does that show what that check was writ ten

for?

A. Yes, it s ta tes in the memo sect ion that th is is

for a drill sharpener.

Q. All r ight . And then there are photographs here

from Government's Exhibit 1 of Patrick Nieder and one of

Carrie Neighbors, correct?

A. That's correct.

Q. And then the eBay posting. Would you tel l the

jury what that square on this summary chart refers to?

A. This is basical ly how the information was


11/100

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

09:16:12

09:16:16

09:16:20

09:16:24

09:16:26

09:16:28

09:16:31

09:16:34

09:16:39

09:16:43

09:16:46

09:16:52

09:16:55

09:16:57

09:17:00

09:17:05

09:17:08

09:17:13

09:17:20

09:17:24

09:17:27

09:17:32

09:17:40

09:17:45

09:17:48



118

presented on eBay when this item went up for sale.

You'll see listed here the seller as Yellowhair

Bargains, which is the screen name for Miss Neighbors.

You'll see the item number that references the drill bit

or the product itself.

Q. I' m sor ry, I 'm al l over there.

A. That' s okay. And you 'l l see I tem Number

4333168308, and that again references -- references the

particular product. The next thing you'll see is the I

P address, and that I P address basically identifies

that transaction through eBay. For those of you that

are familiar with the internet, you know that basically

what happens is the computer sends out this information

to identify what computer that's coming from.

Q. And before you go on, I would like to re-publish

to the jury some information contained in Government's

Exhibit 101 where the parties stipulated and agreed that

between January 2004 and July 2006, e-mail messages sent

to or from the eBay servers through the following I P

addresses traveled in interstate commerce between the

states of Kansas and California. And for Sunflower

Broadband, the I P number of 24.124.56.37 is one of

those numbers that indicates if an electronic signal was

sent from that number, it traveled between Kansas and

California?


12/100

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

09:17:48

09:17:49

09:17:54

09:17:58

09:18:01

09:18:02

09:18:06

09:18:09

09:18:12

09:18:15

09:18:17

09:18:17

09:18:20

09:18:21

09:18:22

09:18:23

09:18:27

09:18:32

09:18:35

09:18:39

09:18:43

09:18:48

09:18:49

09:18:54

09:18:56



118

A. Correct.

Q. All r ight . And is that e-mail t ransmission

advertising this drill sharpener, the basis for the wire

fraud count in Count 3?

A. Yes, it is.

Q. All r ight . And where did you get the information

that's there on that eBay posting square?

A. This information came from information that we

received from sources like eBay.

Q. Those came from the eBay records themselves?

A. Correct.

Q. All r ight . And does the eBay record a lso show

who purchased that item?

A. Yes, it does.

Q. Who was that?

A. They showed that this auction star ted on

October 26th of '04, on 11/2 of '04, that item was

purchased by a Mr. Jay Whitmore for the gross purchase

price of 141.50. He was the winning bid.

Q. So, for an art icle that Carrie Neighbors paid $50

for, she was actually able to sell it for $141.50?

A. That's correct.

Q. All r ight . And underneath each of these squares ,

where there's information, there is a yellow sticker

that shows government exhibit. Do you see that?


13/100

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

09:18:59

09:18:59

09:19:02

09:19:03

09:19:07

09:19:11

09:19:15

09:19:19

09:19:20

09:19:24

09:19:29

09:19:30

09:19:33

09:19:36

09:19:40

09:19:42

09:19:45

09:19:49

09:19:50

09:19:52

09:19:55

09:19:59

09:20:01

09:20:01

09:20:05



118

A. Yes.

Q. And are those the actual exhibi t numbers of each

of those exhibits?

A. Yes, each one of these numbers beneath identifies

the exhibit that proves or contains this information.

Q. And several of these have exhibi t numbers that

start with 3, 3.1 and 3.2. Do you see that?

A. Correct.

Q. Were the exhibi ts that were marked beginning with

the 3, 3.1, 3.2, did they relate to Count 3?

A. Absolutely.

Q. So, as the jury is looking through the exhibi ts

later on when it's their turn to look at it, they would

look for exhibits starting with the number 3 to

determine which ones relate to that count?

A. Exact ly. I f they were looking for this check,

they'd go to Exhibit 3, and then it woul d be 3.1, and

you'd see a copy of that check.

Q. And then if there was anything else that was

admitted into evidence relating to Count 3, it would

also start with a number 3 like this does, the eBay

record starts with 3.2?

A. Yes.

Q. All r ight . Anything else about this exhibit?

A. No , I th ink we co ve red i t a ll .


14/100

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

09:20:10

09:20:14

09:20:22

09:20:23

09:20:33

09:20:36

09:20:37

09:20:38

09:20:42

09:20:42

09:20:43

09:20:47

09:20:50

09:20:53

09:20:56

09:20:56

09:20:57

09:20:58

09:21:01

09:21:05

09:21:05

09:21:05

09:21:07

09:21:08

09:21:11



118

Q. Show you what 's been marked for purposes of

identification Exhibit 2 -- 211?

A. Yes.

Q. All r ight . And does this relate to Count 4?

Does this relate to the information that's been admitted

as to Count 4?

A. Yes, it does.

Q. All r ight . And that says r ight up there , Count 4

summary?

A. Yes.

Q. All r ight . And who -- check contained in

Exhibit 4.1, who was that written to?

A. That was writ ten to Mr. Michael Aldridge.

Q. All r ight . And there 's a date there of 11/15 of

'04?

A. Correct.

Q. And then here we have --

A. Actua lly, I bel ieve that 's 11 /18.

Q. 11/18. All r ight . And we have a pic ture of

Mr. Aldridge?

A. Yes.

Q. All r ight . And who wro te tha t check?

A. Miss Carrie Neighbors.

Q. And af ter th is check was writ ten on the 18th,

does it show whether or not it was posted on eBay?


15/100

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

09:21:13

09:21:17

09:21:22

09:21:26

09:21:26

09:21:30

09:21:30

09:21:36

09:21:36

09:21:38

09:21:40

09:21:43

09:21:46

09:21:48

09:21:52

09:21:54

09:21:57

09:21:58

09:22:01

09:22:02

09:22:02

09:22:05

09:22:05

09:22:08

09:22:11



118

A. Yes, the star t date again of this auct ion showed

that it was posted on eBay on 11/21/2004.

Q. And again, did it use an I P address that has

been stipulated to as belonging to Carrie and Guy

Neighbors?

A. Yes.

Q. That would be I P address 24.124.100.192?

A. That's correct.

Q. What does that indicate about where those

electronic signals went?

A. These e lectronic signals would have init ia ted in

the state of Kansas and then were transmitted to eBay's

servers in the state of California.

Q. And in order to sell those i tems on eBay, that

transmission would have been required to get the

information to California for posting?

A. Absolutely.

Q. All r ight . Now, this shows that there were four

item numbers here?

A. Yes.

Q. They were a ll Bushnell b inoculars, right?

A. Correct.

Q. Were there four postings, or were there -- was

there one posting for four binoculars?

A. There 's one posting for four binoculars.


16/100

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

09:22:14

09:22:18

09:22:21

09:22:22

09:22:23

09:22:26

09:22:29

09:22:30

09:22:34

09:22:35

09:22:38

09:23:03

09:23:06

09:23:10

09:23:23

09:23:27

09:23:30

09:23:35

09:23:36

09:23:36

09:23:39

09:23:41

09:23:41

09:23:45

09:23:46



118

Q. And then it shows there that these were actual ly

purchased?

A. Yes.

Q. And purchased by whom?

A. They were purchased by Mr. Lawrence Fukuba,

Mr. William Garbett, Mr. Robert McCarty, and Mr. Earl

Sellers.

Q. All r ight . And I don 't see a gross price there .

Do you remember what that was?

A. No, I don' t remember the gross pr ice that i t was

sold -- that each one was sold for.

Q. Agent Herron, I 'm not sure you' re going to be

able to see what's on the monitor, but I want to put up

for you Government's Exhibit 4.2. Turn this on. And if

you -- yeah, or even better, you can come around here,

and this has been identified as an eBay record,

specifically E B 64 which has been admitted as

Government's Exhibit 4.2. Do you see that?

A. Yes.

Q. All r ight . And do you see here we have what

appears to be four postings?

A. Yes.

Q. All r ight . And this shows what they were -- what

was posted?

A. Yes.


17/100

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

09:23:46

09:23:51

09:23:53

09:23:55

09:23:56

09:24:00

09:24:02

09:24:03

09:24:09

09:24:13

09:24:16

09:24:17

09:24:19

09:24:20

09:24:24

09:24:28

09:24:29

09:24:32

09:24:32

09:24:39

09:24:40

09:24:42

09:24:45

09:24:48

09:24:49



118

Q. Binoculars?

A. Yes, Bushne ll binocu la rs .

Q. All r ight . Four o f them, cor rect?

A. Yes.

Q. All r ight . And they show that they were a ll

posted on 11/21 of 2004?

A. Correct.

Q. All r ight . And then we go over to the -- these

are the I P numbers, all the same, the one I P address

ending in 100.192?

A. Yes.

Q. And then th is li st s the purchasers?

A. Right.

Q. All r ight . But this page does not have the

amount of money that each binocular sold for, correct,

or does it?

A. I t' s showing the -- the current pr ice of each

item.

Q. So, that shows that to have the high bidder, that

current price had to be the final price?

A. Yeah, that would indicate that was the winning

bid, and it's itemized by each bidder.

Q. So , one bidde r paid $40.01?

A. Correct.

Q. One bidder paid $19.40?


18/100

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

09:24:52

09:24:52

09:24:55

09:24:55

09:24:59

09:24:59

09:25:04

09:25:05

09:25:06

09:25:08

09:25:11

09:25:14

09:25:18

09:25:22

09:25:26

09:25:27

09:25:30

09:25:35

09:25:36

09:25:40

09:25:42

09:25:42

09:25:45

09:25:45

09:25:50



118

A. Correct.

Q. One bidder paid $32?

A. Correct.

Q. And one bid de r paid $6 3. 01?

A. Correct.

Q. Okay. So, does tha t help ref resh your

recollection?

A. Yes, it does.

Q. All r ight . So, when you said there was one

posting for four binoculars, what did you mean?

A. By one posting for four binoculars, mean that

there weren't four separate screen shots for those

binoculars. It was all put up as one in -- I'm sorry,

in one single listing, and then the four were purchased

by these four individuals.

Q. All r ight . And I think that the highest price

that we just read was $60.01, $62.01?

A. Correct.

Q. All r ight . And Mrs. Neighbors purchased all four

binoculars for $70, correct?

A. Correct.

Q. So, she made a pret ty heal thy profit on those

items as well?

A. I would say so.

Q. Show you Government' s Exhibi t -- assume this is


19/100

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

09:25:55

09:25:56

09:25:58

09:26:01

09:26:04

09:26:06

09:26:07

09:26:13

09:26:15

09:26:16

09:26:20

09:26:21

09:26:23

09:26:24

09:26:25

09:26:27

09:26:28

09:26:30

09:26:31

09:26:33

09:26:33

09:26:37

09:26:39

09:26:39

09:26:41



118

212?

A. 212.

Q. Okay. This is for purposes of ident if icat ion.

Are these -- is this a summary of the exhibits that

relate to Count 5?

A. Yes.

Q. All r ight . And this shows that on 5/16 of '05, a

check was written to Lewis Parsons?

A. Yes.

Q. All r ight . And i t was made out for how much

money?

A. $1,040.

Q. All r ight . And this was for too ls?

A. Yes.

Q. This is a photograph of Lewis Parsons here?

A. Yes.

Q. And do you recognize the s ignature on that check?

A. Yes, Carrie Neighbors.

Q. And that 's he r pho tograph there?

A. Yes.

Q. All r ight . And this check is admit ted as

Government's Exhibit 5.1?

A. Yes.

Q. Again, it has a number s tart ing with 5, because

it relates to Count 5?


20/100

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

09:26:43

09:26:43

09:26:48

09:26:50

09:26:51

09:26:54

09:26:56

09:27:00

09:27:06

09:27:08

09:27:10

09:27:12

09:27:14

09:27:14

09:27:17

09:27:20

09:27:21

09:27:23

09:27:28

09:27:29

09:27:31

09:27:34

09:27:36

09:27:37

09:27:46



118

A. That's right.

Q. Now, what do the eBay records show about whether

or not there was any electronic transmission related to

this item?

A. Again, we have the same information here star ting

with the I P address showing that the electronic

transmission occurred, the start date of this particular

posting was 5/16 of 2005, the seller being Yellowhair

Bargains, which is again the screen name used by the

defendant Miss Neighbors.

Q. Now, this shows that there were two i tems that

were posted, correct?

A. Correct.

Q. Were each of the i tems that were posted described

as Husky 254-piece mechanics tool sets?

A. Yes.

Q. All r ight . So, i t would appear that this

thousand and $40 check was for two Husky tool sets?

A. That's correct.

Q. All r ight . And who purchased those?

A. A Mr. Jay Langer and a Mr. Hoang Le .

Q. Can you spell Hoang Le for the court reporter

please?

A. I t' s H O A N G, and it 's Le wi th one E , L E.

Q. And Government' s Exhibi t 101, does that indicate


21/100

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

09:27:48

09:27:57

09:28:00

09:28:03

09:28:03

09:28:04

09:28:08

09:28:08

09:28:11

09:28:13

09:28:14

09:28:16

09:28:18

09:28:35

09:28:35

09:28:38

09:28:40

09:28:44

09:28:48

09:28:48

09:28:51

09:28:56

09:28:59

09:29:00

09:29:02



119

that that I P address 24.124.124.135 is a Sunflower

Broadband I P address that would have originated at --

electronic signals from there would have originated in

Kansas?

A. Absolutely.

Q. And would have traveled to eBay in California?

A. Yes.

Q. And was that an e lectronic transmission that was

required to post these items for sale on eBay?

A. Yes.

Q. Anything el se about th is ?

A. I think that's it.

Q. Okay. Show you Government' s Exhibit 213.

A. Yes.

Q. All r ight . And what does this exhibit rela te to?

A. Count 6.

Q. All r ight . And the check that 's depicted here is

the check from Government's Exhibit 6.3, correct?

A. Yes.

Q. And i t w as wh ich check n umber?

A. Check Number 12700 in the amount of $52.

Q. All r ight . And i t says i t was for what?

A. Levi jeans.

Q. Does it say Levi?

A. I t jus t says jeans here. I 'm sor ry.


22/100

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

09:29:05

09:29:07

09:29:08

09:29:09

09:29:13

09:29:16

09:29:19

09:29:22

09:29:25

09:29:27

09:29:30

09:29:32

09:29:32

09:29:35

09:29:35

09:29:37

09:29:38

09:29:41

09:29:42

09:29:42

09:29:47

09:29:53

09:29:59

09:30:03

09:30:06



119

Q. And then again, we've got Stacy Barnes-Catlet t' s

photograph and Carrie Neighbors' photograph?

A. Yes.

Q. All r ight . And where -- was there an eBay

posting, or was there a transmission to eBay about that?

A. Yes. Yes. Again, you have the I P address

identifying the electronic transaction, the start date

of July 2nd of '05.

Q. And what 's the date on this check?

A. The date of the check is July 1st of '05.

Q. All r ight . So, the next day, this is posted?

A. Correct.

Q. All r ight . And again , I see two i tem numbers?

A. Yes.

Q. All r ight . How many jeans were pos ted?

A. Two.

Q. Okay. And then i t shows that somebody actually

purchased that?

A. Yes.

Q. All r ight . And then the I P address there of

24.124.91.191 is another of those I P addresses t hat has

been stipulated to as an -- a location in Kansas where

if a message was received at that address or sent from

that address, it would have gone from Kansas, correct?

A. Correct.


23/100

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

09:30:06

09:30:09

09:30:09

09:30:10

09:30:13

09:30:15

09:30:17

09:30:17

09:30:31

09:30:34

09:30:37

09:30:41

09:30:41

09:30:45

09:30:51

09:30:54

09:30:54

09:30:56

09:30:59

09:30:59

09:31:00

09:31:02

09:31:04

09:31:05

09:31:08



119

Q. And if i t' s received at eBay, i t' s received in

California?

A. That -- yes.

Q. And aga in , that i s ano ther e lect ronic

transmission that was necessary to the sale of these

jeans on eBay?

A. Correct.

Q. Show you Government' s Exhibi t 2. - - I 'm sorry,

just 214. This relates to which count?

A. This relates to Count 7.

Q. All r ight . And Government' s Exhibit 7 .1 , what

was that?

A. That is a check writ ten by Carrie Neighbors to

Norma Payne in the amount of $100, Check Number 13209.

Q. And what does the memo section say that check was

for?

A. Toothbrushes.

Q. All r ight . And again , the s ignature on that is

whose?

A. The defendant Car rie Neighbors .

Q. All r ight . And her pic ture and Norma Payne 's

picture are also contained on this?

A. Correct.

Q. All r ight . The eBay posting, would you tel l the

jury what the eBay posting was?


24/100


25/100


26/100

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

09:33:23

09:33:31

09:33:33

09:33:37

09:33:40

09:33:40

09:33:42

09:33:43

09:33:54

09:34:00

09:34:01

09:34:04

09:34:08

09:34:08

09:34:12

09:34:15

09:34:19

09:34:23

09:34:26

09:34:29

09:34:32

09:34:33

09:34:36

09:34:38

09:34:41



119

24450 with bow and case from eBay seller Yellowhair

Bargains. And do you know who Yellowhair Bargains --

who that web site name screen name is owned by?

A. Yes, that is screen name used by the defendant

Carrie Neighbors.


A. That's it.

Q. Show you summary chart marked Government' s

Exhibit 216 relating to Count 9. There are again two

photographs here?

A. Yes, the same two individuals as with the las t

count, Miss Stacy Barnes and the defendant Carrie

Neighbors.

Q. All r ight . And was there an eBay posting

relating to a silver flute?

A. Yes. Again, the I P address here shows that

there was an electronic transmission to post this item

for sale on eBay. This again -- this transmission

originated in the state of Kansas and was transmitted to

the state of California where it was posted on eBay's

servers.

Q. So, what was the s tart date for th is post ing?

A. 8/29/05.

Q. And we talk about s tart date. What exact ly do we

mean?


27/100

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

09:34:41

09:34:43

09:34:45

09:34:46

09:34:46

09:34:48

09:34:50

09:34:53

09:34:53

09:35:07

09:35:12

09:35:13

09:35:15

09:35:16

09:35:22

09:35:23

09:35:24

09:35:26

09:35:27

09:35:30

09:35:30

09:35:32

09:35:32

09:35:35

09:35:37



119

A. That' s the date that the item f irst was opened

for sale where a bid could be placed.

Q. And somebody bought it?

A. Yes.

Q. And that was who?

A. Mr. John Dudley.

Q. All r ight . And i t shows a gross purchase price

of how much money?

A. $187.50 , and that was 9 /5 of '05.

Q. Show you Government 's Exhibi t 216 .

A. 218.

Q. 218. I 'm behind. All r ight . And this relates

to what?

A. This re la tes to the Compaq Presar io Desktop PC.

Q. Which count?

A. I'm sorry, Count 11.

Q. All r ight . And there 's a check there . Who is

that check written by?

A. This check is wri tten again by the defendant

Carrie Neighbors.

Q. Whose p ic tu re appears on this?

A. Yes.

Q. All r ight . As does Nicol le Beach?

A. Nicolle Beach, yes.

Q. All r ight . Who 's the check wri tten to?


28/100

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

09:35:38

09:35:40

09:35:41

09:35:45

09:35:47

09:35:49

09:35:52

09:35:55

09:35:55

09:35:58

09:36:02

09:36:05

09:36:07

09:36:09

09:36:10

09:36:11

09:36:17

09:36:18

09:36:18

09:36:20

09:36:26

09:36:28

09:36:32

09:36:35

09:36:39



119

A. I t' s wri tten to Nicol le Beach .

Q. All r ight . And i t was wri tten on what date?

A. I t shows here i t was wri tten 9/19/2005.

Q. All r ight . What was i t for? What in the memo

section indicates that check was for?

A. The memo sect ion specif ies a Compaq computer.

Q. And then the eBay posting -- was there an eBay

posting?

A. Yes. Excuse me. Again, there was an eBay

posting here with an I P address showing the electronic

transmission to get the items posted on eBay, start date

again being 9/19/2005.

Q. Same date the check was wr it ten?

A. Same date the check was wr it ten.

Q. All r ight . What was i t adver ti sing?

A. I t was advert is ing a Compaq Presar io Desktop PC.

Q. Did somebody buy that?

A. Yes.

Q. And how - - wha t d id they pay for it?

A. Mr. Joseph Matukonis was the successful bidder,

and he paid $415.

Q. What was the amount of the check here?

A. The amount of the check here i s for 475.

Q. All r ight . I f Miss Neighbors purchased this

computer for 475 and sold it for 415, in this case, she


29/100

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

09:36:43

09:36:44

09:36:45

09:36:47

09:36:48

09:36:51

09:36:53

09:36:54

09:37:05

09:37:05

09:37:10

09:37:13

09:37:17

09:37:18

09:37:20

09:37:25

09:37:27

09:37:29

09:37:32

09:37:34

09:37:35

09:37:37

09:37:38

09:37:41

09:37:42



119

would have lost money?

A. It would appear that w ay.


A. No.

Q. But that post ing again was necessary to the

marketing or the sale of that item?

A. Absolutely.

Q. On eBay. Show you Government' s Exhibi t 4 -- 219.

What is this?

A. This i s the exhibi t for Count 12.

Q. All r ight . And there 's a check there l is ted

under Government's Exhibit 12.1. What -- who was that

check written to?

A. I t' s wri tten to a Miss Nico lle Beach .

Q. All r ight . And what was the i tem that that was

written for? What's in the memo section?

A. This was a check wri tten to her by the defendant

Carrie Neighbors for the purchase of a Dyson vacuum.

Q. Wel l, what does the memo sec tion say?

A. I' m sor ry, s ays sweeper.

Q. All r ight . And how much was tha t check?

A. $300.

Q. And that was writ ten on September the 18th of

2005?

A. Actually think that says September 28th.


30/100

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

09:37:44

09:37:47

09:37:50

09:37:50

09:37:51

09:37:51

09:37:53

09:37:59

09:38:01

09:38:05

09:38:07

09:38:08

09:38:11

09:38:12

09:38:12

09:38:15

09:38:17

09:38:29

09:38:30

09:38:31

09:38:33

09:38:35

09:38:37

09:38:40

09:38:42



119

Q. I 'm sor ry, you 're - - i t does. I t says

September 28th. And then was there an eBay posting of a

related item?

A. Yes.

Q. What was that?

A. Again, you have the I P address, and i t shows

that the start date of this was 9/28, and that should be

separated there, but 9/28/2005.

Q. And is that another transmission that or iginated

in the state of Kansas and was received in California?

A. Yes, it was.

Q. And i t was necessary to the sale of that i tem on

eBay?

A. Absolutely.

Q. And what was the eBay post ing for?

A. A Dyson vacuum.

Q. Show you Government 's Exhibi t 220 .

A. Yes.

Q. All r ight . What does tha t relate to?

A. T hi s r el at es t o Co un t 13.

Q. All r ight . And what was Government' s

Exhibit 13.1?

A. I t is a copy of a check writ ten by the defendant

Carrie Neighbors to Nicolle Beach.

Q. All r ight . And what was tha t for?


31/100

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

09:38:44

09:38:49

09:38:49

09:38:52

09:38:55

09:38:58

09:38:59

09:39:02

09:39:06

09:39:07

09:39:08

09:39:10

09:39:11

09:39:15

09:39:18

09:39:18

09:39:19

09:39:32

09:39:36

09:39:36

09:39:38

09:39:40

09:39:41

09:39:42

09:39:46



120

A. In the memo section, it references a sweeper and

a mixer.

Q. All r ight . And the date o f the check?

A. September 29th, 2005.

Q. And was there a post ing a t about the same t ime?

A. Yes.

Q. When was the pos ting ac tual ly se t up?

A. The posting went up September 29th, 2005 as well.

Q. Same date as the check?

A. Same date as the check.

Q. And w ha t w as be ing pos ted?

A. A Dyson vacuum.

Q. All r ight . Same deal, an e lectronic t ransmission

from Kansas to California to get this in the eBay system

for sale?

A. Absolutely.

Q. Now get ting a l i tt le more complicated. There are

two counts listed on Government's Exhibit 221.

A. Yes.

Q. All r ight . The f ir st count i s wha t?

A. The f ir st coun t i s C ount 14 .

Q. And the second count?

A. Count 18.

Q. And Count 14 is an a llegat ion of a violat ion of

the wire fraud statute, correct?


32/100

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

09:39:48

09:39:48

09:39:50

09:39:51

09:39:51

09:39:55

09:39:55

09:39:58

09:40:02

09:40:05

09:40:08

09:40:09

09:40:11

09:40:13

09:40:15

09:40:19

09:40:21

09:40:26

09:40:27

09:40:33

09:40:37

09:40:37

09:40:39

09:40:40

09:40:41



120

A. Correct.

Q. Just like the rest of these that we've a ll ready

talked about?

A. Yes.

Q. And then Count 18, what 's the a llegation in that

count?

A. Count 18 is a money laundering count that is

based on the predicate offense here of wire fraud.

Q. Let 's talk about the predicate offense, the wire

fraud. We have Michael Aldridge and Bradley Byrne?

A. Yes.

Q. Correct? But who's the check wri tten to?

A. This part icular check is wri tten to Mr. Byrne.

Q. All r ight . Does i t say what i t' s wri tten for?

A. Says fish finder.

Q. All right. And how much?

A. 215 -- I'm sorry, $275.

Q. Is there a da te on that check?

A. Yes, it looks l ike 10/26 /0 5.

Q. All r ight . Now, there 's an eBay posting?

A. Yes.

Q. Re la ting to th is fi sh find er?

A. Yes.

Q. And what was that?

A. Again, you have the I P address showing the


33/100

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

09:40:44

09:40:46

09:40:52

09:40:56

09:40:58

09:40:59

09:41:02

09:41:02

09:41:03

09:41:07

09:41:08

09:41:10

09:41:13

09:41:14

09:41:18

09:41:23

09:41:34

09:41:39

09:41:39

09:41:39

09:41:41

09:41:42

09:41:42

09:41:45

09:41:46



120

electronic transmission from the state of Kansas to the

state of California, the start date was November 2nd,

2005, and the seller in this case being Bargain Guy 44

as the screen name being used, which is one of the

screen names used by the defendant.

Q. All r ight . And by the defendant, or by her

husband?

A. Her husband.

Q. All r ight . And who s igned this check ,


A. I t' s signed by Miss Carr ie Neighbors .

Q. All r ight . But i t' s put on her husband 's eBay --

A. Correct.

Q. -- account . All r ight . And Government' s

Exhibit 101 indicates that AT&T internet service

provider number 6568101.178 is yet another I P address

where messages sent from that address would originate in

the state of Kansas?

A. Correct.

Q. And that would have been received in the s ta te of

California?

A. Correct.

Q. And that' s -- so, i t' s another in terstate wire

transmission?

A. Absolutely.


34/100

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

09:41:47

09:41:48

09:41:48

09:41:52

09:41:56

09:41:58

09:42:01

09:42:06

09:42:09

09:42:12

09:42:16

09:42:19

09:42:22

09:42:29

09:42:33

09:42:38

09:42:41

09:42:45

09:42:47

09:42:49

09:42:52

09:42:53

09:42:53

09:42:58

09:43:01



120

Q. To get t he p rope rty sold?

A. Yes.

Q. All r ight . And who bought tha t i tem?

A. A Mr. Rober t Jeff Redden, R E D D E N.

Q. All r ight . And how much did he buy that for?

A. Purchase price of $310.

Q. All r ight . And nex t i s Government' s

Exhibit 14.3, and it relates to PayPal. Can you explain

to the jury what kind of information you were able to

obtain from your review of the PayPal records? In this

case, Government's Exhibit 14.3?

A. As a resul t of this sa le , a review of the PayPal

records shows that a deposit of $325, which is the

proceeds of this sale plus any shipping or -- or other

fees, etcetera, into the PayPal account for Bargain Guy

44, who you'll see here is also the seller. So, this

was money that was paid to Bargain Guy 44 as a result of

the sale of that fish finder.

Q. So, that would be money from Jeff - - Robert Jeff

Redden to pay for the shipping and the purchase of that

fish finder?

A. Correct.

Q. All r ight . And then there 's another PayPal

number here, another PayPal piece of information, and

that came from Government's Exhibit 18.3. Would you


35/100


36/100

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

09:44:11

09:44:14

09:44:17

09:44:19

09:44:19

09:44:23

09:44:26

09:44:27

09:44:30

09:44:30

09:44:30

09:44:33

09:44:35

09:44:41

09:44:43

09:44:48

09:44:52

09:44:55

09:44:57

09:45:00

09:45:03

09:45:05

09:45:08

09:45:10

09:45:11



120

A. It was received at the bank 11/14 of 2005.

Q. And it 's the same $900 that' s ref lected in


A. Yes.

Q. All r ight . I t went into the bank account ending

in 0223 at Commerce Bank?

A. Yes.

Q. And that is an account held jo int ly by Guy and

Carrie Neighbors?

A. Yes.

Q. Now, you just mentioned the word co-mingling.

What do you mean by co-mingling?

A. Basical ly -- well , it k ind of helps understand in

the world of white collar crime that these transactions,

basically, if it don't make dollars, it don't make

sense. So, each one of these transactions, what we

believe were designed in some way to either facilitate,

conceal or enhance the scheme. In this case, when I

mentioned co-mingling, it's just what the name implies.

It's the taking of -- in this case, it's taking two

things and mixing them together. In this case, what

we're mixing together is dirty money and clean money.

Q. All r ight . And the dir ty money is this 325?

A. Correct.

Q. Okay. That we know is dir ty money because we


37/100


38/100


39/100

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

09:47:25

09:47:28

09:47:34

09:47:37

09:47:38

09:47:41

09:47:47

09:47:50

09:47:50

09:47:50

09:47:51

09:47:58

09:48:01

09:48:03

09:48:05

09:48:06

09:48:09

09:48:09

09:48:10

09:48:14

09:48:16

09:48:16

09:48:18

09:48:21

09:48:22



120

keep this scheme going, she's using proceeds that were

derived from SUA, specified unlawful activity; in this

case, wire fraud to buy more items to sell on eBay to

continue the scheme.

Q. Okay. So, i t' s the co-mingling of the proceeds

from the wire fraud that are received in her bank on

11/14 that made it possible for her to buy new

merchandise?

A. Yes.

Q. At least in part?

A. In part.

Q. What i s the number on th is exhibi t?

A. Exhibit 222.

Q. All r ight . And this relates to which count?

A. Count 15.

Q. All r ight . Now, there 's just one count on this

chart, correct?

A. Yes.

Q. All r ight . And i t relates to Government' s

Exhibit 15.2. There was a check written, correct?

A. Yes.

Q. And what was the da te of the check?

A. 11/5/2005.

Q. A nd w ho w as i t w rit ten to?

A. Mr. James Ludwig.


40/100

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

09:48:23

09:48:25

09:48:25

09:48:27

09:48:27

09:48:28

09:48:31

09:48:32

09:48:35

09:48:38

09:48:38

09:48:41

09:48:44

09:48:45

09:48:46

09:48:48

09:48:49

09:48:54

09:48:54

09:48:57

09:49:00

09:49:00

09:49:00

09:49:01

09:49:02



120

Q. And h is pic tu re appear s here?

A. Yes.

Q. All r ight . And how much was the check wri tten

for?

A. $200.

Q. All r ight . And what does i t say i t was wri tten

to buy?

A. In the memo sect ion, it states mixer.

Q. Okay. And then was there an eBay posting?

A. Yes.

Q. And what was the date of the eBay post ing?

A. The date of the eBay post ing in this case is

November 5th, 2005.

Q. Same day the check was wr it ten?

A. Same day the check was wri tten .

Q. And what was posted?

A. They posted a Kitchen Aid Professional 600 ser ies

mixer.

Q. All r ight . And again , that posting originated

from the state of Kansas and was received in the state

of California?

A. Yes.

Q. Somebody buy it?

A. Yes.

Q. What d id - - who b ought i t?


41/100

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

09:49:04

09:49:08

09:49:11

09:49:13

09:49:13

09:49:17

09:49:18

09:49:20

09:49:23

09:49:27

09:49:27

09:49:38

09:49:39

09:49:44

09:49:44

09:49:45

09:49:47

09:49:47

09:49:51

09:49:54

09:49:57

09:49:59

09:50:02

09:50:04

09:50:05



121

A. Mr. Sam Davison, D A V I S O N, purchased i t on

the 11 -- I'm sorry, on November 8th, 2005.

Q. All r ight . And how much did she sel l that i tem

for?

A. The gross purchase p rice was $320.

Q. And how much d id she pay for it ?

A. Show s here she paid $200.

Q. And again, th is was an e lectronic transmission in

furtherance of the scheme to sell things on eBay?

A. Yes.

Q. G overnmen t' s E xh ib it 222?

A. 209.

Q. 209. Oh, a ll r ight . This relates to an overt

act?

A. Yes.

Q. All r ight . And would you explain what an overt

act is?

A. An overt act is - - as far as when there is a

conspiracy going on, an overt act is just about anything

that either of the parties of the conspiracy engage in

that's in furtherance of the conspiracy.

Q. All r ight . So, this is not charged as a count ,

but it's charged as an overt act in furtherance of the

conspiracy?

A. Yes.


42/100

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

09:50:05

09:50:09

09:50:13

09:50:13

09:50:14

09:50:16

09:50:19

09:50:21

09:50:23

09:50:25

09:50:26

09:50:37

09:50:39

09:50:42

09:50:47

09:50:49

09:50:49

09:50:50

09:50:53

09:50:53

09:50:54

09:50:55

09:50:55

09:50:58

09:51:00



121

Q. Correct? And that overt act is - - s tarts with

Government's Exhibit 2.1 which is a Check Number 1037,

correct?

A. Correct.

Q. And w ho sig ned that check?

A. This check appears to be signed by -- I'm sorry,

is signed by Guy Neighbors.

Q. All r ight . And what was the amount of the check?

A. $150.

Q. And w ha t w as it wr it ten for?

A. I t says in the memo section here computer. Oh,

I'm sorry, computer monitor.

Q. Okay. And i t was -- the date of that check?

A. And the date of that check shows 1/23/04.

Q. All r ight . And then i t has a pic ture of Michael

Aldridge?

A. Yes.

Q. All r ight . And is that who the check was wri tten

to?

A. Yes.

Q. A nd signed by Guy N eighbo rs?

A. Yes.

Q. And then was tha t pos ted on eBay?

A. Yes. You have the same information with the I P

address referencing the electronic transaction start


43/100

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

09:51:03

09:51:09

09:51:10

09:51:12

09:51:12

09:51:13

09:51:15

09:51:26

09:51:28

09:51:28

09:51:29

09:51:31

09:51:32

09:51:32

09:51:35

09:51:40

09:51:44

09:51:45

09:51:47

09:51:49

09:51:50

09:51:52

09:51:55

09:51:58

09:51:58



121

date of January 24th, '04, and seller being Bargain Guy

44 screen name used.

Q. So, th is was posted a day af ter the check was

written?

A. Yes.

Q. All r ight . And the s tipulation indicates that

that I P number 65.68.101.14 is one provided by AT&T

internet services, and it was located in the state of

Kansas?

A. Yes.

Q. So again , the transmission would have been from

Kansas to California?

A. Correct.

Q. All r ight . D id somebody buy tha t?

A. Yes, it was purchased by Mr. Andy Sheldon, S H E

L D O N, on January 29th, 2004.

Q. How much?

A. The gross purchase pr ice be ing $400 .

Q. All r ight . When you say gross purchase price ,

what do you mean?

A. By that, I s imply mean this is what he paid for

the item. There may be some additional charges tacked

on later, as you see there for shipping and taxes,

etcetera.

Q. And he pa id $400 for a computer that Guy


44/100

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

09:52:02

09:52:04

09:52:04

09:52:08

09:52:11

09:52:15

09:52:20

09:52:24

09:52:25

09:52:27

09:52:28

09:52:34

09:52:39

09:52:40

09:52:40

09:52:43

09:52:48

09:52:53

09:52:57

09:53:02

09:53:04

09:53:06

09:53:09

09:53:12

09:53:15



121

Neighbors bought for $150?

A. Yes.

Q. All r ight . And then we go over to Government' s

Exhibit 2.3, and what does that show?

A. This shows the deposit into the PayPal account

for Bargain Guy 44, Mr. Guy Neighbors, of the 400 --

$430, which is proceeds from this sale plus any fees

that were tacked on.

Q. How about shipping?

A. Shipp ing would be one of the fees .

Q. Okay. And then the next exhibit is PayPal

Exhibit 16.3. And it's marked 16.3 because this relates

to Count 16?

A. That's correct.

Q. All r ight . And what did that exhibit show?

A. Basical ly, th is is showing the transfer of $700

out of the PayPal account belonging to Bargain Guy 44 to

the personal bank account of Guy and Carrie Neighbors at

Intrust Bank ending in 4286 -- or account ending in

4286.

Q. Okay. Then going to Government' s Exhibit 16.1,

what information -- first of all, what was tha t exhibit?

A. This basical ly confirms the receipt of th is

transfer, and that's an exhibit -- a bank statement from

Intrust Bank, the recipient bank.


45/100

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

09:53:18

09:53:20

09:53:21

09:53:21

09:53:26

09:53:32

09:53:36

09:53:37

09:53:40

09:53:45

09:53:46

09:53:49

09:53:53

09:53:54

09:53:54

09:53:57

09:54:01

09:54:01

09:54:05

09:54:08

09:54:10

09:54:13

09:54:14

09:54:17

09:54:23



121

Q. All r ight . And that shows i t went into Account

4286?

A. Correct.

Q. All r ight . And i t' s - - this 430 that' s seen in

Government's Exhibit 2.3 is part of the $700 that's

reflected in 16.3 and in 16.1?

A. Yes.

Q. All r ight . And then the date that that was

actually received and available for use by the bank

account owners was what date?

A. February 5th, 2004.

Q. Again, were these funds co-mingled with money

that was all ready in there?

A. Yes.

Q. All r ight . And then we have Government' s

Exhibit 16.2. Would you tell the jury what that exhibit

is?

A. This is a check writ ten by the defendant Carrie

Neighbors to Mr. Jim Ludwig for a tool set.

Q. What was the date on tha t check?

A. The date of this check is February 12th, 2004 in

the amount of $500.

Q. All r ight . And so, within a week of receiving

this $700, which included $430 of what we're calling the

dirty money?


46/100

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

09:54:24

09:54:24

09:54:27

09:54:29

09:54:30

09:54:32

09:54:32

09:54:33

09:54:35

09:54:37

09:54:41

09:54:44

09:54:45

09:54:49

09:54:54

09:54:55

09:54:56

09:54:59

09:54:59

09:55:00

09:55:01

09:55:02

09:55:11

09:55:18

09:55:27



121

A. Yes.

Q. That money was then -- part of that money was

used to fund this check?

A. Yes.

Q. All r ight . What was that check -- the amount of

that check?

A. $500.

Q. All r ight . And i t was wri tten by whom?

A. It was writ ten by the defendant Carrie Neighbors.

Q. And would you tel l me again what that was -- what

the memo section says she purchased from Jim Ludwig?

A. A tool set.

Q. All r ight . And again , is that an instance where

the defendant was purchasing more items to sell as part

of her wire fraud scheme?

A. Absolutely.

Q. And did that faci li ta te or promote the scheme

to --

A. Yes.

Q. -- commit wire fraud?

A. Yes, it did.

Q. Let me just -- I'm not sure i f I have read the

stipulation that indicates that this I P address

65.68.101.14 is an AT&T internet provider number that

originates in Kansas.


47/100

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

09:55:29

09:55:29

09:55:38

09:55:40

09:55:43

09:55:43

09:55:44

09:55:48

09:55:50

09:55:50

09:55:53

09:55:57

09:56:01

09:56:02

09:56:06

09:56:07

09:56:10

09:56:11

09:56:12

09:56:15

09:56:15

09:56:17

09:56:18

09:56:21

09:56:24



121

A. Correct.

Q. Final ly, what 's the government' s exhibi t here?

A. Exhibit 217.

Q. All r ight . And again , this relates to an overt

act, correct?

A. Yes.

Q. And i t also rela tes to the money laundering count

in Count 17?

A. Yes.

Q. All r ight . Let 's talk about the overt act .

Government's Exhibit 10.1 is a check to whom?

A. This check is to Mr. Travis Kaiser, K A I S E R.

Q. What's the date?

A. The date of the check is August 22nd, 2005.

Q. What's it for?

A. And i t' s in the amount of 300. What' s - -

Q. Yeah.

A. The amount of $300.

Q. And what item does the memo sect ion indicate was

being purchased?

A. Yes, vacuum.

Q. All r ight . And who s igned tha t check?

A. That check is signed by Mr. Guy Neighbors.

Q. All r ight . And then was this i tem posted on

eBay?


48/100

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

09:56:24

09:56:25

09:56:29

09:56:34

09:56:38

09:56:41

09:56:42

09:56:42

09:56:45

09:56:45

09:56:49

09:56:54

09:56:54

09:56:55

09:56:56

09:56:59

09:57:01

09:57:05

09:57:07

09:57:09

09:57:09

09:57:13

09:57:15

09:57:16

09:57:19



121

A. Yes.

Q. A nd w ha t' s t he I P nu mb er?

A. 6893195176.

Q. All r ight . And under Government' s Exhibit 101,

that is yet another number provided by AT&T internet

services?

A. Yes.

Q. That is located in the s ta te of Kansas?

A. Correct.

Q. So, a transmission to or f rom that number, to or

from California would be an interstate wire --

A. -- transmission?

Q. Uh-huh.

A. Absolutely be.

Q. I 'm sorry, yes , t ransmission. All r ight . And

what was actually advertised?

A. Here, they 're put ting up for sale a Kirby

Ultimate G series vacuum.

Q. What was the date of that check, Government' s

Exhibit 10.1?

A. The date of the check was August 22nd of '05.

Q. What' s the date of the s tart date for that

auction?

A. And the date of the post ing is August 23rd, 2005.

Q. All r ight . And d id somebody buy tha t?


49/100


50/100

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

09:58:31

09:58:31

09:58:33

09:58:36

09:58:37

09:58:42

09:58:42

09:58:43

09:58:45

09:58:48

09:58:48

09:59:02

09:59:03

09:59:05

09:59:07

09:59:11

09:59:13

09:59:13

09:59:18

09:59:19

09:59:20

09:59:23

09:59:25

09:59:25

09:59:26



121

A. Correct.

Q. All r ight . And again , that went into bank

account -- Intrust Bank Account 4014?

A. Yes.

Q. All r ight . And we have another check here , 17.2.

Do you see that?

A. Yes.

Q. All r ight . And who was tha t wri tten to?

A. That was again writ ten to Mr. Travis Kaiser.

Q. For what?

A. And it states here that th is was for a --

Q. Range and st ove hood?

A. Range and sto ve hood , y es .

Q. All r ight . And again , this would have been

property that would have been inventory for Guy or

Carrie Neighbors to sell in their store?

A. That's correct.

Q. All r ight . And these -- this $1500, was that

co-mingled with other funds in the account?

A. Yes, it was.

Q. And then it was available to cover this check the

date that check was written?

A. Yes.

Q. And that check was wr it ten when?

A. That check was wri tten September 1st , 2005.


51/100

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

09:59:29

09:59:31

09:59:31

09:59:34

09:59:35

09:59:35

09:59:40

09:59:43

09:59:43

09:59:44

09:59:47

09:59:50

09:59:57

10:00:00

10:00:11

10:00:11

10:00:19

10:00:20

10:00:23

10:00:25

10:00:25

10:00:26

10:00:28

10:00:29

10:00:30



122

Q. Tw o days a ft er th is $1500?

A. Yes.

Q. All r ight . And again , i t was wri tten to Travis

Kaiser?

A. Yes.

Q. And did the purchase of the range hood and the

stove promote or facilitate the wire fraud scheme?

A. Yes, it did.

Q. How?

A. Because it -- once again , i t gave him more

inventory to sell, inventory that was purchased from

proceeds from the original SUA or wire fraud.

Q. I th ink we've covered a ll of the counts, so if

you want to resume your seat.

MS. PARKER: And Your Honor, that concludes

my direct examination of this witness.

THE COURT: Cross-examination?

MR. DUMA: No questions, Your Honor.

THE COURT: Was the witness subpoenaed to

testify?

MS. PARKER: No.

THE COURT: At this time are you asking that

he be excused from the witness stand?

MS. PARKER: Yes, sir.

THE COURT: Any objection?


52/100

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

10:00:30

10:00:31

10:00:33

10:00:34

10:00:35

10:00:37

10:00:39

10:00:41

10:00:41

10:00:43

10:00:46

10:00:51

10:00:55

10:00:58

10:01:01

10:01:04

10:07:06

10:07:07

10:07:09

10:07:12

10:07:18

10:07:26

10:07:26

10:07:28

10:07:32



122

MR. DUMA: No objection.

THE COURT: Sir, you are excused from the

witness stand.

THE WITNESS: Thank you.

THE COURT: You are free to go and leave the

courtroom. The only thing that I'll ask is that you not

discuss your testimony with anyone else as you leave.

THE WITNESS: Yes, sir.

THE COURT: Thank you.

MS. PARKER: And Your Honor, that is the

government's last witness. Before we actually pass the

case, I would like an opportunity to double-check that

all of the exhibits we believe have been admitted have

actually been admitted. So, if we could have just a few

minutes to check that, I think then we will rest.

THE COURT: Please do so.

MS. PARKER: Your Honor, ladies and

gentlemen of the jury, at this time the United States

rests its case-in-chief.

THE COURT: Counsel, please come forward.

(Proceedings held at the bench, outside the

hearing of open court.)

THE COURT: For the record, the government

has informed the court that they've rested their

case-in-chief. At this time, the court would ask if


53/100


54/100

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

10:09:02

10:09:04

10:09:08

10:09:13

10:09:16

10:09:17

10:09:18

10:09:20

10:09:23

10:09:26

10:09:28

10:09:32

10:09:37

10:09:39

10:09:42

10:09:45

10:09:49

10:09:52

10:09:56

10:10:01

10:10:07

10:10:12

10:10:16

10:10:19

10:10:22



122

think that the -- if nothing else, the reasonable

inferences from the testimony of those two clearly allow

the jury to deliberate on any of the counts that relate

to Miss Payne or Mr. Byrne.

THE COURT: Anything else?

MR. DUMA: No, thank you.

THE COURT: In regards to the defendant's

motion, at the conclusion of the government's

case-in-chief, defendant is moving for judgment of

acquittal pursuant to Federal Rules of Criminal

Procedure 29, and the court would set out the standard

which is that the court, in deciding this motion, is to

decide whether any reasonable jury viewing the evidence

in the light most favorable to the government could find

the defendant guilty beyond a reasonable doubt of the

charges that are being presented to the -- to the jury.

The court's considered the evidence that's been admitted

up to this point. In regards to the arguments from

counsel, at this time the court would find based upon

the evidence submitted so far, government has submitted

a case through their case-in-chief that the court would

find is submissible at this time to the jury regarding

the charges pending against the defendant. Court would

find that they have met their burden at this point in

regards to that finding. The court would note that the


55/100


56/100

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

10:11:38

10:11:42

10:11:47

10:11:50

10:11:54

10:11:57

10:11:59

10:12:02

10:12:05

10:12:08

10:12:12

10:12:16

10:12:20

10:12:24

10:12:24

10:12:26

10:12:29

10:12:31

10:12:34

10:12:38

10:12:42

10:12:46

10:12:49

10:12:52

10:12:56



122

on how that goes, if not, at the conc lusion of all the

evidence, I'll then take a recess, and I'll try make an

estimation of how much time the recess is going to be.

Part of that's going to be that I need counsel to meet

with Miss Tourtillott in regards to a pre-charge

instruction conference. I'm going to try to figure out

how long that's going to take with the goal in mind

that -- that if the court doesn't grant any further

motions, that we get together for a charge conference

after your pre-charge, and then after our charge

conference, we come back and instruct the jury and have

you make closing arguments in that order. So, that's

the court's anticipated schedule for today now at this

point.

MS. PARKER: And I did want to clarify. Did

you want to take just a moment to see what Jay Bialek

found out about Tony Reyes?

MR. DUMA: Your Honor, despite the

government's and defense counsel's best efforts off the

NCIC, Mr. Reyes, it appears, had a warrant out for him

for some period of time, and he also has some prior

conviction that we didn't know about until this morning,

and/or at least potentially. So, the -- I asked the

government if they would verify that, and I may present

that evidence just by reading it into the record,


57/100


58/100

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

10:15:55

10:16:02

10:16:05

10:16:09

10:16:11

10:16:15

10:16:19

10:16:23

10:16:26

10:16:28

10:16:29

10:16:30

10:16:36

10:16:44

10:16:49

10:16:53

10:16:56

10:16:59

10:17:02

10:17:05

10:17:09

10:17:13

10:17:16

10:17:18

10:18:12



122

(Proceedings continued in open court.)

THE COURT: I'm sorry, that is probably very

annoying, but it's necessary at different times, and

jury members, again, I appreciate your patience with the

court. Now, what you've just been told is that the

government has rested in their case-in-chief. At this

time, the court is going to ask the defendant whether or

not they choose to present any evidence at this time,

and that's their choice if they want to or not.

Mr. Duma?

MR. DUMA: Thank you, Your Honor. Your

Honor, initially, a stipulation has been entered into by

the parties that Tony Reyes was convicted of non-support

of a child or a spouse, which is a felony in the state

of Kansas, convicted in Harvey County, Kansas on

May 16th, 2007.

THE COURT: Mr. Reyes was a witness that was

previously called to testify in front of the j ury by the

government, and what Mr. Duma has now set out for you is

this information regarding this prior conviction that

both parties agreed should be presented to the jury at

this time. Any other evidence?

MR. DUMA: Your Honor, I have a witness,

Lois Jackson. I'll go out in the hallway and get her.

Just kind of walk up here and stop. Just stop right


59/100

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

10:18:15

10:18:18

10:18:20

10:18:23

10:18:24

10:18:26

10:18:37

10:18:38

10:18:41

10:18:42

10:18:43

10:18:44

10:18:45

10:18:49

10:18:50

10:18:55

10:18:55

10:18:55

10:18:55

10:18:57

10:18:57

10:18:58

10:19:01

10:19:01

10:19:02



122

here, and she'll swear you in.

THE COURT: Please raise your right hand.

(Witness sworn.)

THE WITNESS: I do.

THE COURT: Please take your seat in that

witness chair. Be careful as you get up there. If you

would, as you give your answers to the questio

day 7 trial of carrie neighbors

Documents