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United States v. Wilson

United States District Court, W.D. Pennsylvania

November 7, 2019

UNITED STATES OF AMERICA,
v.
Paris Wilson, Defendant

          FINDINGS OF FACT AND CONCLUSIONS OF LAW

          Joy Flowers Conti Senior United States District Judge

         I. Introduction

         In this criminal action, defendant Paris Wilson (“defendant”) pleaded guilty to three federal offenses based upon his role in trafficking one kilogram of heroin in the Western District of Pennsylvania. (ECF No. 584 at 1.) In August 2016, the court sentenced defendant and entered a final order of forfeiture with respect to, among other property, $727, 456.34 in United States currency that was recovered by law enforcement during and in connection with the execution of a search warrant at a home purchased for defendant's grandmother, Barbara Stegman (“Stegman”), by defendant's father, Harris Wilson (“Wilson”).[1] (ECF No. 584.) Wilson claims ownership of the $727, 456.34. (ECF No. 627, 628.) For the reasons set forth in these findings of fact and conclusions of law, Wilson satisfied his burden to show that his right to $305, 350.00 of the $727, 456.34 is superior to defendant's right to that money. Wilson did not satisfy his burden with respect to the remaining $422, 196.34. The final order of forfeiture entered in this case on August 19, 2016, will be vacated and an amended final order of forfeiture will be entered.

         II. Procedural History

         On May 21, 2014, a sealed indictment was filed against defendant and eleven codefendants. (ECF No. 3.) Ten of the defendants were charged with conspiring to possess with intent to distribute one kilogram or more of heroin from in and around October 2013, and continuing thereafter to in and around May 2014, in violation of 21 U.S.C. § 846. (ECF No. 3.) Wilson was also charged with employing a person under the age of 18 years in a drug operation in violation of 21 U.S.C. § 861(a)(1) and (d)(1). (Id.) The indictment provided that the defendants charged with the conspiracy acquired “gross proceeds in United States currency” as a result of the conspiracy, which were subject to forfeiture under 21 U.S.C. § 853(a)(1). (ECF No. 3 ¶ 2.)

         On November 6, 2014, the government filed a complaint against the $727, 456.34 at civil action No. 14-1525 (the “civil case”). In the complaint, the government alleged that Wilson contested the administrative forfeiture proceedings against the $727, 456.34. (Civ. Action No. 14-1525, ECF No. 1 ¶ 8.) On January 23, 2015, the court in the civil case approved a stipulation entered into between the government and Wilson to stay the case “until the conclusion of the related criminal case at 14-CR-132 (WDPA) against Paris Wilson….” (Civ. Action No. 14-1525, ECF No. 5 ¶ 2.) The stay included a stay of Wilson's “duty…to file a claim and answer in the event that he wish[ed] to contest…[the] action.” (Id.)

         On January 27, 2016, the government filed a superseding indictment against Wilson and two of his codefendants. (ECF No. 494.) The superseding indictment charged Wilson with the two counts set forth in the original indictment and added a charge for conspiring to carry and possess a firearm in relation to and in furtherance of a drug trafficking crime in violation of 18 U.S.C. § 924(o). (Id.) The superseding indictment contained the same forfeiture allegation set forth in the original indictment with respect to the acquired proceeds as a result of the conspiracy. (Id. at 6.)

         On May 2, 2016, defendant pleaded guilty to the three counts with which he was charged in the superseding indictment. (ECF No. 537.) On May 12, 2016, the government filed a motion for forfeiture of property requesting the court to enter a preliminary order of criminal forfeiture with respect to, among other things, the $727, 456.34 and that the forfeiture of defendant's right to that money be incorporated into the Judgment at the time of sentencing. (ECF No. 539 at 2.) On May 13, 2016, the court granted the government's motion and entered a preliminary order of forfeiture. (ECF No. 540.) On July 8, 2016, the government filed a declaration of publication in which it represented that the “notice of…forfeiture was posted on an official government internet site…for at least 30 consecutive days, beginning on May 16, 2016 and ending on June 15, 2016.” (ECF No. 565.)

         On August 19, 2016, the court held a sentencing hearing with respect to defendant. (ECF No. 583.) On the same day the court entered final judgment against defendant and incorporated into that judgment a final order of forfeiture requiring defendant to forfeit his interest in, among other things, $727, 456.34 in United States currency. (ECF No. 584 at 6.) On September 7, 2016, the government filed a second declaration of publication in which it represented that the “notice of…forfeiture was posted on an official government internet site…for a least 30 consecutive days, beginning on August 5, 2016 and ending on September 3, 2016.” (ECF No. 586.)

         On November 27, 2016, Wilson in the civil case filed a motion to lift the stay. (ECF No. 7.) On March 15, 2017, Wilson in this case filed a notice in which he “claim[ed] ownership” of the $727, 456.34. (ECF No. 627.) On the same day, Wilson filed a motion for adjudication of his interest (“Wilson's motion”) in the $727, 456.34. (ECF No. 628.) On March 21, 2017, the court held a conference in both cases during which it set a timeframe for discovery with respect to Wilson's motion and denied Wilson's motion to lift the stay because the forfeiture issues would be handled in the criminal case.

         On September 17 and 18, 2018, the court held a bench trial during which the parties introduced evidence, including documents and witness testimony, into the record. (ECF No. 742.) At the conclusion of the bench trial, the court ordered the government and Wilson to file proposed findings of fact and conclusions of law, which they each filed on May 17, 2019. (H.T. 9/18/2018 (ECF No. 756) at 160.)

         III. Findings of Fact

         Wilson's Property Purchases COL 1. Wilson's address is 1186 Brintell Street, Pittsburgh, Pennsylvania, 15201 (“Brintell Street home”). (H.T. 9/17/2018 (ECF No. 755) at 5.) Wilson at the time of the hearing had lived at that address for eleven years. (Id.)

         COL 2. Prior to living on Brintell Street, Wilson lived on Franklin Avenue in a home he purchased for Stegman[2] in cash for approximately $40, 000.00. (H.T. 9/17/2018 (ECF No. 755) at 74.)

         COL 3. Wilson purchased the house on Brintell Street for Stegman and it is in her name. (H.T. 9/17/2018 (ECF No. 755) at 34.) He paid approximately $123, 000.00 in cash for the home. (Id. at 35.) He did not have a mortgage. (Id.)

         COL 4. As of the date of the hearing, Stegman still owned the two homes purchased for her by Wilson. (H.T. 9/17/2018 (ECF No. 755) at 75.)

         Wilson's Ticket Reselling Business

         COL 5. Wilson completed the eleventh grade and does not have a high school diploma. (H.T. 9/17/2018 (ECF No. 755) at 5-6.)

         COL 6. He is employed as a ticket broker and a ticket reseller. (H.T. 9/17/2018 (ECF No. 755) at 6.) He has “been doing business” for approximately seventeen years. (Id. at 8.) He has been licensed as a ticket reseller in Pittsburgh, Pennsylvania for approximately fourteen years. (Id.)

         COL 7. He operates his business, which is a sole proprietorship, under the name “Ticket World.” (H.T. 9/17/2018 (ECF No. 755) at 6.) Ticket World is run out of Wilson's Brintell Street home. (Id. at 20.)

         COL 8. Prior to operating Ticket World, Wilson sold and used drugs, e.g., marijuana and crack cocaine. (H.T. 9/17/2018 (ECF No. 755) at 13.) He was addicted to crack cocaine for approximately ten years. (Id. at 14.) He has two convictions with respect to selling crack cocaine. (Id.) He served a total of eight years in prison. (Id.)

         COL 9. From 2001 until September 17, 2018, Wilson's only source of income was Ticket World. (H.T. 9/17/2018 (ECF No. 755) at 51-52.)

         COL 10. In 1998, Wilson worked at a fast-food restaurant for seven or eight months and at a movie theater for three months. (H.T. 9/17/2018 (ECF No. 755) at 51-52.) He earned minimum wage at those jobs. (Id. at 52.)

         COL 11. As of the date of the hearing, Wilson was drug-free for twenty-two years. (H.T. 9/17/2018 (ECF No. 755) at 15.)

         COL 12. Wilson had a ticket reseller license from Nashville, Tennessee that expired in 2011. (H.T. 9/17/2018 (ECF No. 755) at 11.) Wilson testified he had that license to resell tickets for either “a car race or March Madness, which is basketball.” (Id.)

         COL 13. Wilson had a ticket reseller license from Indianapolis with an expiration date of 2016. (H.T. 9/17/2018 (ECF No. 755) at 11.) Wilson had that license to sell tickets to the Super Bowl in 2014 or 2015. (Id. at 11-12.)

         COL 14. A ticket broker sells tickets over the internet or telephone. (H.T. 9/17/2018 (ECF No. 755) at 8.) A ticket reseller, which is sometimes referred to as a ticket “scalper, ” sells tickets “on the streets, ” i.e., he or she “stand[s] on the street corner…and…sell[s] tickets.” (Id. at 8-9, 17.)

         COL 15. Approximately sixty to seventy percent of Wilson's business is ticket reselling on the street. (H.T. 9/17/2018 (ECF No. 755) at 18.) The other thirty to forty percent of the business is online or telephone ticket sales. (Id.)

         COL 16. Wilson does not have any documentation from his “on the street” ticket sales, i.e., any documentation showing how many tickets he sold, the price for which he paid or sold tickets, or for which events he sold tickets. (H.T. 9/17/2018 (ECF No. 755) at 54-55.)

         COL 17. Wilson spends approximately four to five hours on the street reselling tickets for an event. (H.T. 9/17/2018 (ECF No. 755) at 17.)

         COL 18. Wilson as a ticket broker and ticket reseller resells tickets for, among others, the “Steelers, Penguins, All-Star games, Pitt, Pirates, NASCAR races, Super Bowls, Final Fours, World Series, concerts….” (H.T. 9/17/2018 (ECF No. 755) at 7, 28.) Wilson also resold tickets in 2002 for the Olympics in Utah and for boxing matches held in Las Vegas, Nevada. (Id. at 15.)

         COL 19. Wilson “usually” purchased every year “about a hundred thousand dollars [sic] worth of Steeler tickets[, ]” “sixty thousand, seventy thousand” dollars' worth of Pirates tickets, and “thirty, forty thousand” dollars' worth of Penguins tickets. (H.T. 9/17/2018 (ECF No. 755) at 125.)

         COL 20. For a big event, e.g., the Super Bowl, he could spend twelve hours on the street reselling tickets. (H.T. 9/17/2018 (ECF No. 755) at 17.)

         COL 21. Wilson could make “two thousand, three thousand” in profit on one Super Bowl ticket. (H.T. 9/17/2018 (ECF No. 755) at 124.)

         COL 22. Ninety-nine percent of the time, Wilson is paid in cash for reselling tickets on the street. (H.T. 9/17/2018 (ECF No. 755) at 17.) For the other one percent, Wilson permits people he knows to write him a check. (Id. at 17-18.) When Wilson is out of town for a big event, his sales are one-hundred percent cash. (Id. at 18.)

         COL 23. For approximately seventeen years of his career with Ticket World, Wilson would spend approximately sixty to ninety days out of town reselling tickets. (H.T. 9/17/2018 (ECF No. 755) at 15.) More recently, he spends approximately thirty to forty-five days out of town reselling tickets. (Id.)

         COL 24. Wilson incurs expenses for lodging, travel, and food when he is out-of- town for Ticket World. (H.T. 9/17/2018 (ECF No. 755) at 16.)

         COL 25. With respect to Wilson's online ticket sales, he has dealt with two ticket companies, “Lower Level Tickets” and “All-American Tickets.” (H.T. 9/17/2018 (ECF No. 755) at 18-19.)

         COL 26. From 2005 to 2013, he did business with Lower Level Tickets, which is owned by Melvin McCormick and located in Dallas, Texas. (H.T. 9/17/2018 (ECF No. 755) at 18.)

         COL 27. From 2013 through 2018, Wilson did business with All-American Tickets, which is half-owned by Rod Schwartz (“Schwartz”) and is located in Pittsburgh, Pennsylvania. (H.T. 9/17/2018 (ECF No. 755) at 19, 132.)

         COL 28. Wilson did not have a written contract with Lower Level Tickets. (H.T. 9/17/2018 (ECF No. 755) at 21.) He gave Lower Level Tickets ten percent of his profit on all tickets sold via Lower Level Tickets with the exception of baseball tickets for which Lower Level Tickets would receive thirty-percent of the profit. (Id.)

         COL 29. Wilson and Lower Level Tickets did not exchange tax information. (H.T. 9/17/2018 (ECF No. 755) at 59.)

         COL 30. Lower Level Tickets would sell Wilson's tickets, Wilson would mail the tickets to the customer, and Lower Level Tickets with limited exception would write Wilson a check made out to Stegman or Wilson's girlfriend, Ronetta Waytes (“Waytes”). ((H.T. 9/17/2018 (ECF No. 755) at 21-22.) The checks were made out to Stegman or Waytes because Wilson wanted to avoid paying taxes on his profits.[3] (Id. at 23.)

         COL 31. The checks represented the gross proceeds of the ticket sales. (H.T. 9/17/2018 (ECF No. 755) at 62.) Wilson did not have a record to show how much he paid for the tickets. (Id.)

         COL 32. In 2013, Wilson ceased doing business with Lower Level Tickets because they owed him approximately thirty thousand dollars and he was no longer comfortable doing business with the company. (H.T. 9/17/2018 (ECF No. 755) at 26-27.)

         COL 33. Wilson did not have a written contract with All-American Tickets. (H.T. 9/17/2018 (ECF No. 755) at 27.)

         COL 34. After the first year of working with Wilson, All-American Tickets retained ten to thirteen percent of the sale price of Wilson's tickets. (H.T. 9/17/2018 (ECF No. 755) at 27, 129.)

         COL 35. All-American Tickets resold Wilson's tickets via a No. of websites, e.g., “Stub Hub, ” “Tickets Now, ” and “Vivid Seats.” (H.T. 9/17/2018 (ECF No. 755) at 28.)

         COL 36. All-American Tickets paid Wilson via a check made out to him. (H.T. 9/17/2018 (ECF No. 755) at 28.) He deposited the checks into his PNC Bank account. (Id.)

         COL 37. As of the date of the hearing, Wilson resold tickets via All-American Tickets. (H.T. 9/17/2018 (ECF No. 755) at 29.) Most of his business with them took place after the money was seized on May 29, 2014. (Id. at 60.)

         COL 38. From 2014 to approximately 2018, All-American Tickets paid Wilson “[r]oughly” $518, 6563.18. (H.T. 9/17/2018 (ECF No. 755) at 130, 138.) All-American Tickets documents all the business it did with Wilson. (Id. at 131.)

         COL 39. Wilson was the largest outside provider of tickets to All-American Tickets. (H.T. 9/17/2018 (ECF No. 755) at 131.) Schwartz described him as reliable, honest, and “on time.” (Id.)

         COL 40. All-American Tickets did not provide tax documentation to Wilson. (H.T. 9/17/2018 (ECF No. 755) at 62.)

         COL 41. Ticket World did not have full-time employees. (H.T. 9/17/2018 (ECF No. 755) at 19.) Occasionally Waytes would assist him when he was out-of-town reselling tickets. (Id. at 19-20.)

         COL 42. According to Wilson, he sells “[t]housands” of tickets per year. (H.T. 9/17/2018 (ECF No. 755) at 31.)

         COL 43. He obtains tickets to resell from several sources, including box offices, people he knows, and by placing advertisements in local newspapers. (H.T. 9/17/2018 (ECF No. 755) at 29-31.)

         COL 44. Wilson makes a profit on ticket sales eighty percent of the time. (H.T. 9/17/2018 (ECF No. 755) at 54.) For the other twenty percent, he breaks even or loses money. (Id.)

         COL 45. Wilson does not keep records about how many tickets he sells in a year. (H.T. 9/17/2018 (ECF No. 755) at 31-32.)

         Wilson's Bank Deposits

         COL 46. From 2005 to 2013, Wilson deposited more than $500, 000.00 in checks written to Stegman into her Citizens Bank account. (H.T. 9/17/2018 (ECF No. 755) at 32.) Wilson testified that Stegman and he made the deposits by physically going to the bank and handing the teller cash or a check. (Id. at 33, 89.) He explained that she made sixty percent of the deposits and he made forty percent of the deposits. (Id. at 33.)

         COL 47. Wilson testified that he also made cash deposits into Stegman's safe deposit box at Citizens Bank. (H.T. 9/17/2018 (ECF No. 755) at 32.) Wilson testified that he could not give an “exact number” with respect to the amount of money he deposited into Stegman's safe deposit box. (Id.) Wilson was a “signator” on the safe deposit box “at the end.” (Id. at 33.) In other words, he could enter the safe deposit box without her. (Id. at 33-34.)

         COL 48. Wilson as a “signator” signed an “Acknowledgment of Agent/Deputy[, ]” which provided, among other things, that he “shall keep the assets of the principal/renter separate from…[his] assets.” (Gov't Ex. 14.)

         COL 49. The documents from Citizens Bank that record persons who accessed Stegman's safe deposit box do not contain any signatures from Wilson. (H.T. 9/17/2018 (ECF No. 755) at 94.)

         COL 50. Wilson testified that he went to Citizens Bank with Stegman to “get cash.” (H.T. 9/17/2018 (ECF No. 755) at 94.)

         COL 51. Prior to 2011 or 2012, Wilson deposited “about three hundred thousand” dollars into Waytes' bank account at Dollar Bank. (H.T. 9/17/2018 (ECF No. 755) at 33.)

         COL 52. Wilson was not aware of defendant making deposits into Stegman's bank account or safe deposit box. (H.T. 9/17/2018 (ECF No. 755) at 34.)

         Wilson's Bank Accounts

         COL 53. Wilson has a money market account with PNC Bank in which he regularly deposited checks. (H.T. 9/17/2018 (ECF No. 755) at 42-43.) He occasionally deposited cash into that account. (Id. at 43.)

         COL 54. Wilson deposited cash into his checking account. (H.T. 9/17/2018 (ECF No. 755) at 43.) He testified he deposited “eighty, ninety percent of the cash” into his checking account.” (Id.)

         COL 55. All the money, whether cash or checks, deposited into the money market account and the checking account is from Wilson's ticket reselling business. (H.T. 9/17/2018 (ECF No. 755) at 43.)

         COL 56. Wilson is the only person with access or signatory authority over the PNC accounts. (H.T. 9/17/2018 (ECF No. 755) at 83.)

         COL 57. As of September 17, 2018, there was $401, 000.00 in Wilson's money market account and $8, 000.00 or $9, 000.00 in his checking account. (H.T. 9/17/2018 (ECF No. 755) at 43.)

         Wilson Stored Cash at the Brintell Street Home

         COL 58. Beginning in February 2001, Wilson kept cash derived from ticket reselling at the Brintell Street home. (H.T. 9/17/2018 (ECF No. 755) at 43-44.) He stored the cash at the home because he did not want to pay taxes on it. (Id. at 45.)

         COL 59. Wilson knew that if he deposited the money at a bank, he could earn interest on the money. (H.T. 9/17/2018 (ECF No. 755) at 98.)

         COL 60. He kept the cash in the basement, his room, and “in the dishwasher that wasn't working.” (H.T. 9/17/2018 (ECF No. 755) at 44.)

         COL 61. He first kept “a couple thousand dollars” in his home and “every year it was just more and more.” (H.T. 9/17/2018 (ECF No. 755) at 44.) Beginning in 2002, he stored at least $50, 000.00 to $60, 000.00 in the home. (Id. at 44-45.)

         COL 62. He let ninety percent of the funds accumulate, i.e., he did not use approximately ninety percent of the cash stored at the home. (H.T. 9/17/2018 (ECF No. 755) at 44.)

         Wilson's Expenses

         COL 63. In 2013, Wilson purchased a 2013 Range Rover for $102, 000.00. (H.T. 9/17/2018 (ECF No. 755) at 37-38.) He traded in a 2007 Range Rover and received $30, 000.00 toward the purchase price of the 2013 vehicle. (Id. at 38.) He paid the balance in cash. (Id.) The Ranger Rover is registered in Waytes' name.[4] (Id.)

         COL 64. In 2014, Wilson purchased a 2010 Mercedes for Waytes for approximately $42, 000.00. (H.T. 9/17/2018 (ECF No. 755) at 36-37.) The vehicle is registered in her name. (Id. at 37.) Wilson took a loan to pay for the vehicle, which was satisfied in May 2018. (Id. at 38.)

         COL 65. From approximately 2016 through 2018, Wilson paid all the expenses, e.g., tax, gas, cable, electric, water, alarm company, home warranty, and insurance bills, incurred at the Brintell Street home. (H.T. 9/17/2018 (ECF No. 755) at 75-76.) He paid for approximately ninety percent of the food for the home. (Id. at 76.)

         COL 66. Prior to 2016, Wilson “split the bills…sixty-forty” with Stegman and his step-dad. (H.T. 9/17/2018 (ECF No. 755) at 77.)

         COL 67. Wilson pays $320.00 per month for cellular telephones for Stegman, his stepdaughter, and himself. (H.T. 9/17/2018 (ECF No. 755) at 77.)

         COL 68. Wilson pays $514.00 per month for health insurance. (H.T. 9/17/2018 (ECF No. 755) at 78.)

         COL 69. Wilson paid for his vehicles and all his bills from the proceeds of his ticket selling business. (H.T. 9/17/2018 (ECF No. 755) at 78, 80.)

         COL 70. Wilson has two credit cards. (H.T. 9/17/2018 (ECF No. 755) at 81.)

         COL 71. He makes personal purchases on the credit cards, e.g., paying for personal trips, dinners, and clothing. (H.T. 9/17/2018 (ECF No. 755) at 82.)

         Wilson's Tax Returns

         COL 72. Wilson's accountant is Larra Daniels (“Daniels”). (H.T. 9/17/2018 (ECF No. 755) at 20.)

         COL 73. During discovery with respect to this forfeiture proceeding. Wilson provided the government tax returns for the years 2011 through 2016. (H.T. 9/17/2018 (ECF No. 755) at 50.)

         COL 74. In 2014, Daniels prepared the tax returns provided to the government. (H.T. 9/17/2018 (ECF No. 755) at 50.)

         COL 75. Wilson has never filed a tax return with the government. (H.T. 9/17/2018 (ECF No. 755) at 50, 63.)

         COL 76. For 2011, Wilson's tax return provided that: (a) his total income was $90, 396.00 (H.T. 9/17/2018 (ECF No. 755) at 65); (b) his business gross receipts were $310, 000.00 (id. at 67); and (c) his cost of goods sold was $203, 594.00 (id. at 68). Wilson owed $25, 859.00 in taxes on his total income. (Id. at 66.) Wilson did not provide Daniels documentation for the foregoing dollar amounts. (Id.) The 2011 tax return was never filed with the government, and Wilson did not pay taxes on income earned in 2011. (H.T. 9/17/2018 (ECF No. 755) at 67.) Wilson did not have documentation to support the estimates he provided to Daniels for the 2011 tax return. (Id. at 68.)

         COL 77. For 2012, Wilson's tax return provided that: (a) his total income was $60, 664.00 (H.T. 9/17/2018 (ECF No. 755) at 69); (b) he owed $14, 798.00 in taxes on that income (id.); (c) his business gross receipts were $295, 000.00 (id. at 70); and (d) the cost of goods sold was $223, 594.00 (id.). Wilson did not have documentation to support the estimates he provided to Daniels for the 2012 tax return. (Id. at 70.) Wilson testified that he instructed Daniels to file the 2012 tax return. (Id.) Wilson, however, did not pay $14, 798.00 to the government, which he owed for the taxes. (Id.)

         COL 78. For 2013, Wilson's tax return provided that: (a) his total income was $69, 026.00 (H.T. 9/17/2018 (ECF No. 755) at 71); (b) he owed $18, 947.00 on that income (id.); (c) his business gross receipts were $330, 00.00 (id. at 72); and (d) the cost of goods sold was $245, 170.00 (id.).

         COL 79. For 2014, Wilson's tax return provided that: (a) his total income was $68, 286.00 (H.T. 9/17/2018 (ECF No. 755) at 73); (b) he owed $19, 707.00 in taxes on that income (id. at 73); (c) his business gross receipts were $288, 00.00 (id. at 74); and (d) the cost of goods sold was $195, 300.00 (id. at 74).

         COL 80. Wilson did not have documentation to support the estimates he provided to Daniels for the tax returns dated 2011-2014. (H.T. 9/17/2018 (ECF No. 755) at 67-68, 70, 72, 74.) He testified that he instructed Daniels to file the tax returns. (Id. at 69, 70, 71, 73.) Wilson, however, did not pay taxes to the government for the amounts due on the tax returns from 2011 through 2014. (Id. at 69, 70, 71, 73.) Daniels testified that it was Wilson's responsibility to file the tax returns and that she explained that responsibility to him. (H.T. 9/18/2018 (ECF No. 756) at 15.) Daniels provided Harris an addressed envelope for him to file the tax returns. (Id.)

         Defendant's Narcotics Activity

         COL 81. Defendant lived at the Brintell Street home in 2013. (H.T. 9/17/2018 (ECF No. 755) at 38-39.)

         COL 82. At some point in 2013, Wilson learned “through a couple friends” that defendant was selling drugs. (H.T. 9/17/2018 (ECF No. 755) at 40.) Wilson could also tell from defendant's behavior that he was selling drugs. (Id.)

         COL 83. Wilson at that time did not know the kind or quantity of drugs defendant was selling. (H.T. 9/17/2018 (ECF No. 755) at 40.)

         COL 84. Two months later, Wilson told defendant to leave the home because he was “doing activity that…[Wilson didn't] like, which…[was] selling drugs.” (Id.)

         COL 85. The day after Wilson told defendant to leave the Brintell Street home, Wilson found heroin in the house. (H.T. 9/17/2018 (ECF No. 755) at 41-42.)

         COL 86. Defendant testified, however, that he “never stored anything at Brintell Street.” (H.T. 9/18/2018 (ECF NO. 756) at 99.)

         COL 87. After defendant left the Brintell Street home, “he lived all over, ” i.e., “[d]ifferent people's houses, different females, friends, hotels….” (H.T. 9/17/2018 (ECF No. 755) at 40, 175.)

         COL 88. Defendant, however, would visit Stegman at the Brintell Street home. (H.T. 9/17/2018 (ECF No. 755) at 40.)

         COL 89. Defendant testified that after Wilson kicked him out of the Brintell Street home, he “never stayed not one night there.” (H.T. 9/18/2018 (ECF No. 756) at 111.)

         COL 90. Wilson did not permit defendant to store drugs at the Brintell Street home. (H.T. 9/17/2018 (ECF No. 755) at 40.)

         COL 91. Wilson was not aware of defendant hiding cash at the Brintell Street home. (H.T. 9/17/2018 (ECF No. 755) at 42.)

         COL 92. Defendant testified that he did not hide money at the Brintell Street home. (H.T. 9/17/2018 (ECF No. 755) at 181.)

         COL 93. Defendant sold heroin for approximately three to four years. (H.T. 9/17/2018 (ECF No. 755) at 176, 190.)

         COL 94. From 2010 through 2012, defendant lived at the Brintell Street home and sold heroin. (H.T. 9/17/2018 (ECF No. 755) at 191.)

         COL 95. Defendant testified that he spent all the money he made from selling drugs going to nightclubs, on vacations, and buying clothes. (H.T. 9/17/2018 (ECF No. 755) at 177.) In other words, he did not accumulate or save any money during that period of time. (Id. at 178.)

         COL 96. He took approximately fifteen to twenty vacations during the three- to four-year period during which he sold heroin. (H.T. 9/17/2018 (ECF No. 755) at 177, 190.)

         COL 97. Defendant did not have any knowledge about Stegman's Citizens Bank account or safe deposit box. (H.T. 9/17/2018 (ECF No. 755) at 181, 183.)

         COL 98. On June 2, 2014, defendant first learned from Wilson about Stegman's bank account and safe deposit box prior to defendant turning himself in to federal authorities in this case. (H.T. 9/17/2018 (ECF No. 755) at 183.)

         COL 99. Defendant never deposited any money in a bank account or safe deposit box. (H.T. 9/17/2018 (ECF No. 755) at 182.)

         COL 100. Defendant did not provide Stegman money to deposit in her bank account or safe deposit box. (H.T. 9/17/2018 (ECF No. 755) at 182.)

         The Government's Surveillance of Defendant

         COL 101. Christopher Minton (“Minton”) is a law enforcement officer with the Borough of Wilkinsburg Police Department and a Task Force Officer with the Federal Bureau of Investigation (“FBI”) assigned to the Safe Streets Task Force. (H.T. 9/18/2018 (ECF No. 756) at 30-31.)

         COL 102. In late 2009, Minton initiated an investigation of the “Bricks R Us” drug distribution network. (Id. at 67.)

         COL 103. The FBI became involved with the investigation. (H.T. 9/18/2018 (ECF No. 756) at 120.) Aaron Francis (“Francis”) was the lead FBI agent in the investigation. (Id. at 117, 120.) Minton and Karen Springmeyer, a special agent for the FBI, were Francis' co-agents in the investigation. (Id. at 120.)

         COL 104. The investigation utilized the following techniques: confidential informants; controlled narcotics purchases; surveillance; search warrants; and “Title III wiretaps[.]”[5] (H.T. 9/18/2018 (ECF No. 756) at 121.)

         COL 105. The initial investigation targeted three individuals: Dominique Harvey (“Harvey”); Terell Evans (“Evans”); and Homer McClelland (“McClelland”). (Id. at 67.)

         COL 106. In January 2014, defendant became a target of the investigation. (H.T. 9/18/2018 (ECF No. 756) at 67.) Three of defendant's telephones were intercepted as part of the investigation. (Id. at 122.)

         COL 107. At the conclusion of the investigation, forty-five people were federally indicted. (H.T. 9/18/2019 (ECF No. 756) at 121.)

         COL 108. On April 14, 2014, at 10:27 a.m., defendant had a telephone conversation with Benton Nixon (“Nixon”), one of his codefendants in this case to whom he supplied heroin. ...


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