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THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

HONORABLE JANIS L. SAMMARTINO UNITED STATES DISTRICT JUDGE PRESIDING _______________________________________________________

UNITED STATES OF AMERICA, 6 PLAINTIFF, 7 VS. 8 SEAN MICHAEL PARK, 9 DEFENDANT. 10

) ) ) ) ) ) ) ) )

NO. 12-CR-0494-JLS 11-CR-05297-JLS

_______________________________________________________ 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GAYLE WAKEFIELD, RPR, CRR OFFICIAL COURT REPORTER UNITED STATES COURTHOUSE 940 FRONT STREET, ROOM 3132 SAN DIEGO, CALIFORNIA 92101-8900 PH: 619-239-0652 WAKEFIELDGAYLE@GMAIL.COM REPORTER'S TRANSCRIPT OF PROCEEDINGS FEBRUARY 10, 2012 SAN DIEGO, CALIFORNIA ARRAIGNMENT _______________________________________________________

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APPEARANCES:

FOR THE PLAINTIFF: 3 4 5 6 FOR THE DEFENDANT: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ALSO PRESENT:

NEAMA RAHMANI ASSISTANT U.S. ATTORNEY FEDERAL OFFICE BUILDING 880 FRONT STREET, ROOM 6293 SAN DIEGO, CA 92101-8893

SEAN MICHAEL PARK PRO SE

KNUT JOHNSON

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FEBRUARY 10, 2012 THE CLERK: NUMBER 16 ON THE CALENDAR, 11-CR-5297,

UNITED STATES VS. SEAN MICHAEL PARK, FOR AN ARRAIGNMENT. MR. JOHNSON: GOOD AFTERNOON, YOUR HONOR, KNUT JOHNSON.

YOUR HONOR, I FILED A MOTION TO BE RELIEVED AS COUNSEL ON THIS CASE. THIS CASE. THE COURT: THAT. YOU ARE? THE DEFENDANT: THE COURT: SEAN PARK. THANK YOU, MR. PARK. NO, I UNDERSTAND THAT, AND WE WILL GET TO MR. PARK HAS VOICED A DESIRE TO GO IN PRO PER IN

OKAY.

AND APPEARING FOR THE GOVERNMENT? MR. RAHMANI: HONOR. THE COURT: OKAY. VERY WELL. WHAT I WOULD LIKE TO DO, NEAMA RAHMANI FOR THE UNITED STATES, YOUR

WHILE YOU'RE STILL PART OF THIS CASE -THE DEFENDANT: OATH. I OBJECT, YOUR HONOR. I ACCEPT YOUR

THIS JURISDICTION IS IMPROPER.

I'M AN AMERICAN CITIZEN.

I'M AN AMERICAN WITH CONSTITUTIONAL POWERS RIGHT NOW. THE COURT: MR. PARK, I'M GOING TO STOP YOU. YOU'VE

BEEN SITTING IN THE COURTROOM WHILE I'VE DONE MY CALENDAR ALL AFTERNOON, AND YOU HAVE -- YOU ARE NOW -- THERE HAS BEEN AN INDICTMENT, A SUPERSEDING INDICTMENT -THE DEFENDANT: IT HAS BEEN RESCINDED AND REJECTED. WE

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DO NOT CONSENT TO THAT, AND IT HAS BEEN INPUT IN THE RECORD MANY TIMES AND REJECTED. THE COURT: I DID SUBMIT MANY REQUESTS. IF YOU

SIR, WE'RE GOING TO GET THERE.

WOULD LET THE COURT RUN THE PROCEEDINGS, THAT WOULD MAKE IT GO A LOT BETTER. WE'RE GOING TO START BY GOING THROUGH AND ARRAIGNING YOU ON THE INDICTMENT THAT THE GOVERNMENT HAS FILED IN YOUR CASE, SIR. SO YOU HAVE A RIGHT TO KNOW THE CHARGES THAT ARE

PENDING AGAINST YOU, AND THEN WE WILL GET TO ALL THE ISSUES THAT ARE BEFORE THE COURT AND WE WILL DEAL WITH THEM OR SET THEM. SO WITH THAT -THE DEFENDANT: I DON'T CONSENT TO THE CHARGES IN THIS

JURISDICTION AS IT'S IMPROPER, YOUR HONOR. THE COURT: OKAY. THANK YOU FOR THAT STATEMENT.

MY COURTROOM DEPUTY CLERK, MR. RAMOS, WILL NOW ARRAIGN YOU ON THE INDICTMENT. PLEASE GO AHEAD, ALEX. THE CLERK: SURE.

SEAN MICHAEL PARK, IS THAT YOUR TRUE NAME? THE COURT: SEAN MICHAEL PARK, IS THAT YOUR TRUE NAME? I DON'T CONSENT TO THIS PROCEEDING

THE DEFENDANT: RIGHT NOW, YOUR HONOR. THE COURT:

OKAY.

WHY DID YOU -- WELL, MR. -MR.

THE DEFENDANT:

I ACCEPT YOUR OATH OF OFFICE.

JOHNSON WAS TERMINATED BACK ON THE 10TH.

WE'VE SUBMITTED ALL

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OUR EVIDENCE TO THE COURT. THE COURT: MR. PARK, WE NEED TO PROCEED -ARTICLE 3, SECTION 2 OF THE

THE DEFENDANT:

CONSTITUTION SAYS THAT THIS IS NO SUBJECT FOR THIS COURT TO HEAR THIS. THE COURT: OKAY. MR. PARK, I APPRECIATE YOUR

COMMENTS, BUT WE ARE GOING TO PROCEED IN THE PROPER FASHION THAT WE NEED TO PROCEED IN. THE DEFENDANT: THE COURT: I OBJECT TO THAT.

I UNDERSTAND THAT, AND YOUR OBJECTION, SIR,

IS NOTED ON THIS RECORD, AND SO YOU CAN BE CONFIDENT OF THAT. THE DEFENDANT: UNTIL TODAY PROPERLY. THE COURT: UNDERSTOOD, SIR, AND THAT'S THE WAY IT IS THIS IS YOUR I HAVE NEVER RECEIVED THIS INDICTMENT

WHEN YOU COME INTO THE COURT ON THESE MATTERS.

FIRST APPEARANCE BEFORE THIS COURT, AND AN INDICTMENT HAS BEEN FILED, AND WE'RE NOW GOING TO READ YOU THE CHARGES AND PROCEED. SO, ALEX, PLEASE -THE DEFENDANT: THE COURT: I OBJECT TO THOSE, BUT I'LL LISTEN. IT'S NOTED FOR THE RECORD, MR.

THANK YOU.

PARK, IF IT'S OF COMFORT TO YOU, THAT YOU OBJECT TO THESE PROCEEDINGS, SO THAT'S NOTED, BUT NOW WE'RE GOING TO GO THROUGH IT BECAUSE IT'S WHAT WE NEED TO DO. SO PLEASE PROCEED, ALEX. THE CLERK: SURE.

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SEAN MICHAEL PARK, YOU ARE INFORMED THAT AN INDICTMENT HAS BEEN FILED IN CASE NUMBER 12-CR-0494 CHARGING YOU WITH TITLE 18, U.S.C., SECTION 1623 SUBSECTION (A), PERJURY; TITLE 18, U.S.C., SECTION 1512(C), OBSTRUCTION OF JUSTICE; TITLE 18, U.S.C., SECTION 2, AIDING AND ABETTING; TITLE 18, U.S.C., SECTION 1001(A)(2), FALSE STATEMENT. THE GRAND JURY CHARGES: COUNT 1, ON OR ABOUT MARCH

25TH, 2011, WITHIN THE SOUTHERN DISTRICT OF CALIFORNIA, DEFENDANT SEAN MICHAEL PARK, IN A CASE BEFORE THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA, ENTITLED 13231 SUNDANCE LLC VS. CRONIN, ET AL. 11 CASE NUMBER 11-CV-477-LAB-WVG, KNOWINGLY MADE A FALSE MATERIAL DECLARATION, TO WIT: THE DEFENDANT EXECUTED A DECLARATION UNDER PENALTY OF

PERJURY OF THE LAWS OF THE UNITED STATES THAT, IN DECEMBER 2010, THE DEFENDANT AND HIS TENANTS C.C.,J.E, AND E.T., ENTERED INTO PREPAID LEASE AGREEMENTS IN WHICH THE DEFENDANT'S TENANTS PAID SIX MONTHS RENT IN ADVANCE, WHEN, IN TRUTH AND IN FACT, AS THE DEFENDANT KNEW, IN DECEMBER 2010, THE DEFENDANT AND HIS TENANTS DID NOT ENTER INTO PREPAID LEASE AGREEMENTS AND THAT THE DEFENDANT'S TENANTS DID NOT PAY SIX MONTHS RENT IN ADVANCE; IN VIOLATION OF TITLE 18, UNITED STATES CODE, SECTION 1623(A). COUNT 2, ON OR ABOUT MARCH 30TH, 2011, WITHIN THE SOUTHERN DISTRICT OF CALIFORNIA, DEFENDANT SEAN MICHAEL PARK DID CORRUPTLY ALTER DOCUMENTS, TO WIT: A WESTERN UNION

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FINANCIAL SERVICES, INC. MONEY ORDER, DATED 23RD, 2010 -THE DEFENDANT: THE CLERK: I OBJECT TO ALL OF THIS.

-- J.P. MORGAN CHASE BANK, N.A. 00CASHIER'S

CHECK, DATED DECEMBER 28, 2010, AND RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENTS BETWEEN THE DEFENDANT AND C.C., J.E. AND E.T., DATED DECEMBER 30TH, 2010, WITH THE INTENT TO IMPAIR THEIR INTEGRITY AND OBSTRUCT, INFLUENCE AND IMPEDE AN OFFICIAL PROCEEDING, 13231 SUNDANCE LLC VS. CRONIN, ET AL. CASE NUMBER 11-CV-477-LAB-WVG, IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA, IN VIOLATION OF 18 U.S.C., UNITED STATES CODE, SECTION 1512(C) AND TITLE 18, UNITED STATES CODE, SECTION 2. COUNT 3, ON OR ABOUT MAY 2ND, 2011, WITHIN THE SOUTHERN DISTRICT OF CALIFORNIA, DEFENDANT SEAN MICHAEL PARK IN A MATTER WITHIN THE JURISDICTION OF THE UNITED STATES FEDERAL BUREAU OF INVESTIGATION, A DEPARTMENT AND AGENCY OF THE UNITED STATES, DID KNOWINGLY AND WILLFULLY MAKE FALSE AND FICTITIOUS AND FRAUDULENT STATEMENTS -THE DEFENDANT: THE CLERK: I OBJECT.

-- AND REPRESENTATIONS AS TO MATERIAL FACTS

IN THAT HE DID REPRESENT AND STATE TO A FEDERAL BUREAU OF INVESTIGATION AGENT THAT, IN DECEMBER 2010, THE DEFENDANT AND HIS TENANTS, C.C., J.E. AND E.T., ENTERED INTO PREPAID LEASE AGREEMENTS IN WHICH THE DEFENDANT'S TENANTS PAID SIX MONTHS RENT IN ADVANCE, WHEREAS, IN TRUTH AND FACT, AS DEFENDANT THEN

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AND THERE WELL KNEW, THOSE STATEMENTS AND REPRESENTATIONS WERE FALSE, FICTITIOUS AND FRAUDULENT WHEN MADE, IN VIOLATION OF TITLE 18, UNITED STATES CODE, 1001(A)(2). 2012. SIR, YOU ARE FURTHER INFORMED THAT YOU HAVE THE RIGHT TO BE REPRESENTED BY COUNSEL AT ALL STAGES OF THE PROCEEDINGS BEFORE THE COURT. YOU HAVE THE RIGHT TO REMAIN SILENT. YOU HAVE THE RIGHT TO A TRIAL BY JURY. THE DEFENDANT: THE CLERK: I OBJECT. DATED FEBRUARY 9TH,

YOU HAVE THE RIGHT TO CONFRONT AND

CROSS-EXAMINE ANY WITNESSES WHO TESTIFY AGAINST YOU, AND YOU HAVE THE RIGHT TO HAVE WITNESSES SUBPOENA TO TESTIFY IN YOUR BEHALF. SIR, HOW DO YOU PLEAD TO COUNTS 1 THROUGH 3 OF THIS INDICTMENT, GUILTY OR NOT GUILTY? THE DEFENDANT: I CANNOT PLEAD TODAY BECAUSE I HAVE NOT I WAS JUST HANDED THIS INDICTMENT

BEEN GIVEN FULL DISCOVERY.

TWO, THREE MINUTES BEFORE HE STARTED READING. THE COURT: UNDERSTOOD.

MR. JOHNSON -THE DEFENDANT: THIS IS NOT THE RIGHT JURISDICTION FOR

THIS COURT, YOUR HONOR, I'M UNDER THE CONSTITUTION. THE COURT: THANK YOU. THAT'S NOTED ON THE RECORD.

MR. JOHNSON, LET ME ASK YOU, SINCE YOU HAVE NOT BEEN

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REMOVED BY THIS COURT, AND YOUR WITHDRAWAL HAS NOT BEEN ACCEPTED AT THIS MOMENT, WOULD YOU AND MR. PARK -THE DEFENDANT: MY CASE, YOUR HONOR. I OBJECT TO ANYTHING HE HAS TO SAY ON HE HAS ALREADY GIVEN ME BACK MY RETAINER

AND HAS TERMINATED HIMSELF AS OF THE 10TH OF JANUARY. THE COURT: LET ME JUST STOP YOU FOR A SECOND. LET ME

SAY THIS THEN, YOU'RE NOT PREPARED TO ENTER A PLEA AT THIS TIME? THE DEFENDANT: THE COURT: CORRECT. YOU

WHY DON'T WE ENTER A NOT GUILTY PLEA.

CAN ALWAYS CHANGE THAT IF YOU WANT TO. THE DEFENDANT: THE COURT: ENTER A PLEA? THE DEFENDANT: I CANNOT PLEAD -- I'M GOING TO NEED I WAS NOT GIVEN ANY DISCOVERY, NO, I'M NOT GOING TO ENTER A PLEA.

YOU WANT A CONTINUANCE FOR ONE WEEK TO

SIX MONTHS FOR MY DISCOVERY. YOUR HONOR. THE COURT: COME BACK TO THIS. A NOT GUILTY PLEA. THE DEFENDANT: THE COURT: OKAY.

I'M GOING TO STOP YOU AND WE WILL

THE COURT ON YOUR BEHALF IS GOING TO ENTER

I OBJECT.

LET'S JUST -I OBJECT TO A NOT GUILTY PLEA.

THE DEFENDANT: THE COURT:

OKAY. THERE'S NO JURISDICTION IN THIS

THE DEFENDANT:

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COURTROOM TO ENTER A PLEA FOR ME. THE COURT: LET ME STOP YOU AND TELL YOU THIS, SIR, YOU I UNDERSTAND

COULD HAVE A BRIEF CONTINUANCE TO ENTER A PLEA.

YOU JUST SAW THE INDICTMENT THAT WAS FILED, BUT IT NEEDS TO BE A LOT SOONER THAN SIX MONTHS. RESPOND RIGHT NOW. THE DEFENDANT: THE COURT: I HAVEN'T RECEIVED ANYTHING. JUST HOLD THAT THOUGHT. DON'T

OKAY, JUST STOP FOR A SECOND BECAUSE YOU'VE

BEEN REPRESENTED BY COUNSEL. THE DEFENDANT: THE COURT: NO, I'M NOT REPRESENTED.

YOU WERE -I AM NOT A FICTITIOUS PERSON. I AM NOT

THE DEFENDANT:

REPRESENTED BY COUNSEL, AND I OBJECT TO THAT STATEMENT. THE COURT: I'M NOT SURE WHAT STATEMENT YOU'RE

OBJECTING TO, BUT THAT'S FINE. THE DEFENDANT: IT'S ON THE RECORD AND IT'S BEEN

SUBMITTED TO THE COURT THAT MR. JOHNSON HAS BEEN TERMINATED AS OF THE 9TH OF JANUARY. THE COURT: LET ME STOP YOU FOR JUST A SECOND HERE.

I HAVE TO ASK MR. JOHNSON, HAVE YOU WITHDRAWN FROM THIS CASE, SIR? MR. JOHNSON: WITHDRAW. THE DEFENDANT: WANT TO SEE. I HAVE SOME DOCUMENTATION YOU MIGHT I'VE ASKED THE COURT TO PERMIT ME TO

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THE COURT:

NO, I DON'T WANT TO SEE ANY DOCUMENTATION

OTHER THAN WHAT'S BEEN FILED WITH THE COURT, SIR. THE DEFENDANT: TERMINATION FOR MR. JOHNSON SIGNED AND

DATED JANUARY 18TH, TERMINATION REFUND OF UNEARNED FEES. THE COURT: MR. JOHNSON: THE COURT: WITH REGARD TO THIS? IN THIS MATTER? THE DEFENDANT: I WOULD LIKE SOME TIME TO RESEARCH THE OKAY. IS THAT TRUE, MR. JOHNSON? YES.

THAT'S CORRECT. VERY WELL.

WHAT IS YOUR PLAN, MR. PARK,

DO YOU INTEND TO RETAIN FURTHER COUNSEL

DISCOVERY THAT I HAVEN'T BEEN GIVEN YET. THE COURT: OKAY. I UNDERSTAND YOU WOULD LIKE SOME

TIME, BUT THE COURT NEEDS TO KNOW ARE YOU GOING TO HAVE ANOTHER ATTORNEY REPRESENT YOU? A COUPLE OF THINGS CAN HAPPEN. YOU

COULD HAVE SOMEBODY SUBSTITUTE IN, WHICH MOST PEOPLE WOULD HAVE DONE. MOST PEOPLE -- IF YOU WEREN'T GOING TO PROCEED WITH MR.

JOHNSON, MOST PEOPLE WOULD HAVE HAD ANOTHER COUNSEL HERE -LISTEN TO ME BEFORE YOU SAY ANYTHING ELSE, MR. PARK. MOST

PEOPLE WOULD HAVE HAD SOMEBODY SUBSTITUTE IN FOR THEM OR THEY WOULD ASK ME TO APPOINT COUNSEL OR THEY WOULD SAY, AND THIS IS RARE, BECAUSE IT'S ILL-ADVISED, IT'S ILL-ADVISED. THE DEFENDANT: I OBJECT TO IT BEING IN THIS COURTROOM.

IT'S NOT THE RIGHT JURISDICTION. THE COURT: OKAY, BUT YOU NEED TO LISTEN -UNDER THE CONSTITUTION OF THE UNITED

THE DEFENDANT:

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STATES OF AMERICA. THE COURT: YOU NEED TO LISTEN, MR. PARK. SOMEBODY

COULD SUBSTITUTE IN FOR MR. JOHNSON, OKAY. COURT TO APPOINT SOMEBODY TO REPRESENT YOU. REPRESENT YOURSELF.

YOU COULD ASK THE YOU COULD

THE LAST ONE, REPRESENTING YOURSELF, IS IT'S NOT A WISE THING TO DO.

EXTRAORDINARILY ILL-ADVISED. THE DEFENDANT: PLEASE. THE COURT: OKAY.

I DON'T NEED LEGAL ADVICE, YOUR HONOR,

SO WHAT IS YOUR INTENTION, TO

SUBSTITUTE IN, TO ASK FOR APPOINTED COUNSEL OR TO REPRESENT YOURSELF? THE DEFENDANT: FOR TIME. THE COURT: WE'VE GOT TO GO THROUGH SOME THINGS. GIVE I'M REPRESENTING MYSELF, BUT I'M ASKING

ME JUST A MOMENT, IF YOU WOULD. MR. PARK, HAVE YOU EVER -- AND THIS GOES TO YOUR SUGGESTION AND YOUR DESIRE TO REPRESENT YOURSELF, MR. PARK. HAVE YOU EVER STUDIED LAW, SIR? THE DEFENDANT: I OBJECT TO THESE QUESTIONS, YOUR

HONOR, THIS IS NOT THE RIGHT JURISDICTION FOR THIS. THE COURT: THAT IS NOTED FOR THE RECORD, AND NOW WE'RE

GOING TO PROCEED THROUGH THE INQUIRY THAT THE COURT MUST INQUIRE OF, SIR, IF YOU WERE GOING TO BE GIVEN THE OPPORTUNITY TO REPRESENT YOURSELF. HAVE YOU EVER STUDIED LAW?

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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 HONOR. LAW.

THE DEFENDANT:

I HAVE STUDIED LAW.

I'VE STUDIED MY

RIGHTS, AND I'VE STATED MY RIGHTS TO THIS COURT, AND I OBJECT TO ANY FURTHER CONTINUANCE OF THIS CASE IN THIS COURT BASED ON JURISDICTION. THE COURT: I UNDERSTAND THAT. SO YOU HAVE STUDIED

DO YOU HAVE A FORMAL JURIS DOCTORATE DEGREE FROM -THE DEFENDANT: I OBJECT TO THESE QUESTIONS, YOUR I WAS JUST GIVEN,

I NEED SOME TIME FOR DISCOVERY.

MINUTES BEFORE, AN INDICTMENT/INFORMATION THAT WAS NOT GIVEN TO ME FOR MANY, MANY MONTHS. THE COURT: MR. PARK, THERE IS A PROPER WAY TO PROCEED.

YOU HAVE NOTED NUMEROUS TIMES, INTERRUPTING THE COURT, THAT YOU OBJECT TO THE JURISDICTION. THAT IS NOTED. THAT'S VERY, VERY

CLEAR, SIR, BUT WE'RE GOING TO GO THROUGH SOME THINGS THAT NEED TO BE INQUIRED OF WITH REGARD TO REPRESENTING YOURSELF, SIR, BECAUSE YOU ARE FACING SERIOUS CHARGES, AND I'M GOING TO GO THROUGH THIS. THE DEFENDANT: THE COURT: I OBJECT TO ALL OF THOSE CHARGES. OF COURSE, YOU DO. THAT

OF COURSE YOU DO.

YOU DON'T HAVE TO TELL ME, SIR. COURT -THE DEFENDANT:

YOU'RE A DEFENDANT IN THIS

I'M A PROPOSED DEFENDANT.

I'M NOT

ADMITTING TO BEING A DEFENDANT. AS MY DOCUMENTS WILL STATE. THE COURT:

THIS IS A PROPOSED DEFENDANT,

SO YOU OBJECT TO EVERYTHING, BUT WE'RE

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GOING TO GO THROUGH THIS, SIR. SO YOU'VE TOLD THE COURT THAT YOU HAVE STUDIED LAW, CORRECT? THE DEFENDANT: IS. THE COURT: IT WILL BECOME RELEVANT IF YOU WILL GO I DON'T KNOW WHAT THE RELEVANCE OF THIS

THROUGH THIS WITH ME. THE DEFENDANT: THE COURT: I OBJECT TO THIS. HAVE YOU EVER REPRESENTED YOURSELF SIR, THIS GOES TO YOUR

OKAY.

IN A CRIMINAL PROCEEDING BEFORE?

UNDERSTANDING OF WHAT IS GOING TO BE UNDERTAKEN TO REPRESENT YOURSELF IN THIS COURT, AND THAT'S THE REASON FOR THE INQUIRY. THE DEFENDANT: AT THIS TIME I'M ASKING FOR SOME EXTRA I'VE JUST BEEN GIVEN A BOATLOAD OF

TIME TO DO THIS RESEARCH.

INFORMATION AND I MIGHT RECONSIDER, BUT AT THIS TIME I OBJECT TO ALL OF THESE STATEMENTS, AND I OBJECT TO THE JURISDICTION UNDER THE CONSTITUTION OF THE UNITED STATES AND YOUR OATH. THE COURT: YOU EMBARK ON THIS. I WANT YOU TO UNDERSTAND SOME THINGS BEFORE THAT'S ALL THIS IS ABOUT, MR. PARK. SO

I'M GOING TO TRY ONCE AGAIN TO WORK WITH YOU A LITTLE BIT, BUT YOU HAVE TO WORK WITH ME IN ORDER TO GO THROUGH THIS. LET'S GO BACK. THE DEFENDANT: THE COURT: HAVE YOU EVER STUDIED LAW? I HAVE STUDIED SOME LAW. DO YOU HAVE ANY FORMAL DEGREES IN

OKAY.

LAW, LIKE A CRIMINAL JUSTICE DEGREE OR A LAW DEGREE, SIR?

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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 ME. CHARGES.

THE DEFENDANT: THE COURT:

NO, AND I OBJECT TO THESE QUESTIONS. GO WITH ME AND YOU'LL SEE WHY I'M

OKAY.

INQUIRING IN THIS WAY.

HAVE YOU EVER REPRESENTED YOURSELF

BEFORE, EVEN THOUGH YOU'RE NOT CONCEDING JURISDICTION, IN A COURT SETTING SIMILAR TO THIS? THE DEFENDANT: THE COURT: NO. NOW, YOU WERE JUST READ AN YOU'RE NOT CONCEDING

OKAY.

INDICTMENT THAT WAS FILED AGAINST YOU.

ANYTHING, BUT DO YOU UNDERSTAND THESE WERE THE CHARGES THAT HAVE BEEN FILED AGAINST YOU? OBSTRUCTION OF JUSTICE. COUNT 1, PERJURY. COUNT 2,

COUNT 3, FALSE STATEMENTS, ALL IN

VIOLATION OF TITLE 18 OF THE UNITED STATES CODE, VARIOUS SECTIONS. MR. PARK? THE DEFENDANT: I DID TODAY, BUT I DO NOT UNDERSTAND YOU HEARD THAT READ IN THIS COURTROOM, DID YOU NOT,

THE NATURE OF THIS AND I DO NOT CONSENT. THE COURT: OKAY. THE PURPORTED CHARACTER OF THESE

THE DEFENDANT:

THE COURT:

OKAY.

FAIR ENOUGH.

THE DEFENDANT:

I HAVE NOT BEEN GIVEN ANY BONA FIDE

EVIDENCE TO THE CONTRARY AND I CANNOT -THE COURT: WE'RE NOT GOING THERE YET. JUST GO WITH

SO YOU HEARD THOSE CHARGES READ.

NOW, THIS IS VERY

CRITICAL, MR. PARK, DO YOU UNDERSTAND THAT IF YOU WERE FOUND

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GUILTY OF THE CRIME CHARGED IN COUNT 1, THE COURT MUST IMPOSE AN ASSESSMENT OF $100 AND COULD SENTENCE YOU TO AS MANY AS FIVE YEARS IN PRISON, IMPOSE A TERM OF SUPERVISED RELEASE THAT FOLLOWS IMPRISONMENT OF UP TO THREE YEARS, AND FINE YOU AS MUCH AS $250,000? THAT'S FOR COUNT 1.

WITH REGARD TO COUNT 2, THE COURT MUST -- IF YOU'RE FOUND GUILTY, THE COURT MUST IMPOSE AN ASSESSMENT OF $100, AND COULD SENTENCE YOU TO AS MANY AS 20 YEARS IN PRISON, AND IMPOSE A TERM OF SUPERVISED RELEASE THAT FOLLOWS IMPRISONMENT OF UP TO THREE YEARS, AND A FINE AS MUCH AS $250,000. 2. COUNT 3, IF FOUND GUILTY, MR. PARK, THE COURT MUST IMPOSE AN ASSESSMENT OF $100, AND COULD SENTENCE YOU TO AS MANY AS FIVE YEARS IN PRISON, IMPOSE A SUPERVISED RELEASE THAT FOLLOWS IMPRISONMENT OF UP TO THREE YEARS, AND FINE YOU AS MUCH AS $250,000. I WANTED YOU TO UNDERSTAND THE MAXIMUM PENALTIES THAT COULD OCCUR BASED ON THESE THREE CHARGES IN THE SUPERSEDING INDICTMENT. DO YOU ALSO UNDERSTAND THAT IF YOU WERE FOUND GUILTY OF MORE THAN ONE OF THESE CRIMES THIS COURT COULD ORDER THAT SENTENCES BE SERVED CONSECUTIVELY, MEANING ONE AFTER ANOTHER? THE DEFENDANT: BASED ON THE INFORMATION THAT WAS JUST THAT'S ON COUNT

HANDED TO ME, I DO NOT UNDERSTAND ALL OF THIS AND NEED TIME TO GO OVER THIS.

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THE COURT:

I UNDERSTAND THAT.

AND I WANTED YOU TO

UNDERSTAND, FROM THE COURT, THAT THOSE ARE THE MAXIMUMS YOU COULD BE FACING. SO NOW YOU HAVE HEARD THAT, CORRECT, YOU

HEARD IT FROM THE COURT, TRUE? THE DEFENDANT: THE COURT: I JUST HEARD WHAT YOU SAID, YES. DO YOU UNDERSTAND, SIR, THAT THERE

OKAY.

ARE ADVISORY SENTENCING GUIDELINES THAT MAY HAVE AN AFFECT ON YOUR SENTENCE IF YOU ARE FOUND GUILTY? ARE YOU FAMILIAR WITH

THE FEDERAL ADVISORY SENTENCING GUIDELINES, MR. PARK? THE DEFENDANT: NO, I'M NOT. THOSE WERE NOT GIVEN TO

ME FROM MY PREVIOUS COUNSEL. THE COURT: OKAY. WELL, THEY -- OKAY. DO YOU

UNDERSTAND, MR. PARK, THAT IF YOU REPRESENT YOURSELF YOU ARE ON YOUR OWN. YOUR CASE. I CANNOT TELL YOU OR EVEN ADVISE YOU ON HOW TO TRY DO YOU UNDERSTAND THAT? YES, I UNDERSTAND THAT THIS IS NOT IN

THE DEFENDANT:

THE RIGHT JURISDICTION AND -THE COURT: STOP FOR JUST A MINUTE. THERE IS NO POWER FOR YOU TO EVEN

THE DEFENDANT:

PROCEED WITH THIS CASE UNDER THE CONSTITUTION OF THE UNITED STATES. THE COURT: AND THAT'S BEEN NOTED, AND IS NOTED AGAIN DO YOU UNDERSTAND

ON THE RECORD, SO LET'S GO BACK AND SEE. THAT THE ROLE OF A JUDGE IS NEUTRAL?

YOU'VE BEEN SITTING HERE I

THIS AFTERNOON WATCHING THE COURT'S AFTERNOON CALENDAR.

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DON'T HELP PEOPLE OVER ON THIS SIDE. ON THIS SIDE. COUNSEL OR NOT.

I DON'T HELP PEOPLE OVER

IT DOESN'T MATTER IF THEY'RE REPRESENTED BY SOMEBODY COULD HAVE THE BEST LAWYER, SOMEBODY

COULD HAVE THE WORST LAWYER. THE DEFENDANT: THE COURT: I OBJECT THAT IT'S IN THIS COURTROOM.

I UNDERSTAND THAT, BUT YOU NEED TO LISTEN

BECAUSE YOU'RE HEARING SOME THINGS THAT ARE IMPORTANT FOR YOU TO UNDERSTAND. I CAN'T HELP YOU TRY YOUR CASE. WHAT TO DO. I CAN'T SUGGEST TO YOU

I ONLY SPEAK AS CLEARLY AND AS NON-LEGALLY AS I

CAN, AND EVEN THAT SOMETIME'S HARD BECAUSE THE LAW IS THE LAW. BUT DO YOU UNDERSTAND, SIR, THAT YOU WOULD BE ON YOUR OWN IF YOU CHOOSE TO REPRESENT YOURSELF? IT WOULD BE YOU AGAINST

SOMEBODY WHO HAS A LAW DEGREE AND HAS PRACTICED LAW AND HAS PROSECUTED CASES, LIKE THIS ONE, MANY TIMES. THAT? THE DEFENDANT: I DON'T CONSENT TO ANYTHING THAT HAS DO YOU UNDERSTAND

BEEN BROUGHT BEFORE ME WITH THE CAPITAL USES OF MY NAME, THAT IS NOT ME, AND I DO NOT CONSENT TO THE JURISDICTION OF THIS COURT AND THE CONSTITUTION OF THE UNITED STATES OF AMERICA. THE COURT: OKAY. WELL, LET'S CONTINUE ON. YOU'VE

STATED THAT BEFORE, AND SO THE COURT HAS TOLD YOU NUMEROUS TIMES YOU'RE ON YOUR OWN. YOU DON'T HAVE ASSISTANCE, IF YOU

CHOOSE TO REPRESENT YOURSELF. ARE YOU FAMILIAR WITH THE FEDERAL RULES OF EVIDENCE?

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THE DEFENDANT:

I HAVEN'T HAD A CHANCE TO LOOK AT ALL

THE DISCOVERY EVIDENCE YET. THE COURT: WELL, THAT HAS NOTHING TO DO WITH DISCOVERY

EVIDENCE, SIR, IT'S THE LAW THAT THE COURT USES TO ADMIT -THE DEFENDANT: THE COURT: AND I OBJECT TO THOSE. SO YOU'RE NOT FAMILIAR

VERY WELL, SIR.

WITH THEM IS WHAT I'M GOING TO ASSUME BY YOUR COMMENT. NEXT QUESTION IS, DO YOU UNDERSTAND -THE DEFENDANT: I OBJECT TO YOU ANSWERING FOR ME. I

OBJECT TO THIS CONTINUING IN THIS COURTROOM BASED ON THE EVIDENCE WE'VE SUBMITTED. THE COURT: YOU KNOW, WE'RE GOING TO GET THERE IF THIS IS A VERY SERIOUS

YOU'LL GIVE ME JUST A MOMENT, MR. PARK.

PROCEEDING, SIR, AND THE INQUIRY THAT I'M GOING THROUGH NOW IS DESIGNED TO ASSIST YOU TO KNOW WHETHER YOU WANT TO TAKE THIS ON YOURSELF OR HAVE SOME ASSISTANCE. YOU MAY THINK IT'S VERY I DON'T

HELPFUL TO YOURSELF TO JUST REPEAT, "I DON'T AGREE. CONSENT. IT'S NOT ME."

WELL, MR. PARK, I WOULD SUGGEST TO YOU

THAT'S BEEN NOTED.

IT COVERS THIS ENTIRE PROCEEDING, IF YOU

WISH, BUT I WOULD LIKE YOU TO TRY TO FOCUS ON WHAT I'M SAYING BECAUSE THIS IS EXTRAORDINARILY SERIOUS, SIR, AND IF YOU WANT ME TO GO BACK AND READ THE MAXIMUM PENALTIES AGAIN, AND TELL YOU AGAIN THAT THESE COULD BE STACKED ONE ON TOP OF THE OTHER, SIR, THIS IS NOT SOMETHING WHERE THE BASIC COMMENT THAT YOU DON'T AGREE, YOU DON'T SUBJECT, YOU DON'T THINK THERE'S

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JURISDICTION HERE IS GOING TO BE HELPFUL.

SO IF WE COULD JUST

CONTINUE ON, I THINK THERE ARE THINGS THAT WOULD BE HELPFUL FOR YOU TO THINK ABOUT HERE. SO I ASKED YOU IF YOU'RE FAMILIAR WITH THE RULES OF EVIDENCE. THE DEFENDANT: I HAVEN'T HAD A CHANCE TO LOOK OVER

ANYTHING THAT -- OTHER THAN SECONDS BEFORE. THE COURT: TO YOU. THE RULES OF EVIDENCE WILL NOT BE PROVIDED

THE SENTENCING GUIDELINES ARE NOT PROVIDED BY MR. THESE ARE DOCUMENTS AND LAWS THAT

JOHNSON OR THE GOVERNMENT.

WE USE EVERY DAY IN PREPARING TO GO FORWARD ON CASES, AND IT'S IMPORTANT THAT YOU REALIZE THAT BECAUSE THE PERSON YOU WILL BE UP AGAINST KNOWS ABOUT THE SENTENCING GUIDELINES, KNOWS ABOUT THE FEDERAL RULES OF EVIDENCE. SO LET'S CONTINUE.

DO YOU UNDERSTAND THAT THE RULES OF EVIDENCE GOVERN WHAT EVIDENCE MAY OR MAY NOT BE INTRODUCED AT A TRIAL, THAT IN REPRESENTING YOURSELF YOU MUST ABIDE BY THOSE VERY TECHNICAL RULES AND THEY CANNOT AND WILL NOT BE RELAXED FOR YOUR BENEFIT; DO YOU UNDERSTAND THAT? THE DEFENDANT: I OBJECT TO THOSE STATEMENTS AS THIS IS

NOT IN THE RIGHT JURISDICTION. THE COURT: OKAY. LET'S CONTINUE.

ARE YOU FAMILIAR WITH THE FEDERAL RULES OF CRIMINAL PROCEDURE? THE DEFENDANT: I OBJECT TO THAT.

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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 ME.

THE COURT:

DO YOU UNDERSTAND THAT THOSE RULES GOVERN

THE WAY A CRIMINAL ACTION IS TRIED IN FEDERAL COURT, THAT YOU ARE BOUND BY THOSE RULES -THE DEFENDANT: OF THIS COURT. I OBJECT THAT I AM BOUND BY THE RULES

I'M AN AMERICAN WITH FULL CONSTITUTIONAL

RIGHTS, POWERS, AND THIS COURT HAS NO JURISDICTION OVER ME AND NOTHING TO OFFER ME. THE COURT: LET ME CONTINUE, PLEASE. UNDER ARTICLE 3, SECTION 2 OF THE

THE DEFENDANT:

CONSTITUTION AND THE ELEVENTH AMENDMENT THAT PRIVILEGE WAS TAKEN AWAY FROM THIS COURT. THE COURT: VERY WELL. LET ME CONTINUE THOUGH.

I MUST ADVISE YOU, MR. PARK, THAT IN MY OPINION A TRAINED LAWYER WOULD DEFEND YOU FAR BETTER THAN YOU COULD TRY TO REPRESENT YOURSELF. IT APPEARS, EVEN THOUGH YOU HAVEN'T

BEEN WILLING TO ANSWER THE COURT'S QUESTIONS OR HAVE A DIALOGUE WITH THE COURT WITH REGARD TO YOUR ABILITY TO REPRESENT YOURSELF OR YOUR KNOWLEDGE OF THESE THINGS, IT APPEARS THAT YOU MAY NOT HAVE FAMILIARITY WITH ALL THE THINGS THAT MIGHT BE NECESSARY. YOU'RE NOT FAMILIAR WITH COURT PROCEDURE OR THE

RULES OF EVIDENCE, AND I WOULD STRONGLY -THE DEFENDANT: THE COURT: I OBJECT THAT YOU'RE ANSWERING FOR ME.

SIR, I'M GOING TO ASK YOU NOT TO INTERRUPT IT'S VERY CLEAR THAT YOU -- WHAT YOUR

I'M NOW SPEAKING.

POSITION IS, SIR.

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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 COMMENT.

SO YOU'RE NOT FAMILIAR WITH THE RULES OF EVIDENCE. YOU'VE ACKNOWLEDGED AS MUCH. REPRESENT YOURSELF. IN LIGHT OF THE PENALTY THAT YOU MIGHT SUFFER IF YOU'RE FOUND GUILTY, AND IN LIGHT OF ALL THE DIFFICULTIES OF REPRESENTING YOURSELF, DO YOU STILL WISH TO REPRESENT YOURSELF AND GIVE UP YOUR RIGHT TO BE REPRESENTED BY LEGAL COUNSEL? THE DEFENDANT: I OBJECT. I DO NOT -- I WOULD LIKE I STRONGLY URGE YOU NOT TO

SOME TIME AND A CONTINUANCE TO GO OVER THE DISCOVERY THAT I WAS JUST GIVEN. THE COURT: LET ME ASK COUNSEL IF HE WOULD LIKE TO

MR. RAHMANI:

YES, YOUR HONOR.

YOUR HONOR, MR. JOHNSON

IS MR. PARK'S FOURTH ATTORNEY IN THIS CASE, AND THAT'S JUST DURING THE PRE-INDICTMENT PHASE. MR. PARK IS NOT AN ATTORNEY.

HE HAS NO FORMAL LEGAL TRAINING, AND, OF COURSE, DISCOVERY HAS BEEN PROVIDED TO MR. PARK'S ATTORNEYS. WE'VE HAD FACE-TO-FACE WE'VE DISCUSSED THE

MEETINGS WITH MR. PARK AND HIS ATTORNEYS. FACTS AND THE ALLEGATIONS IN THIS CASE. THE DEFENDANT: MR. RAHMANI: THE COURT: I OBJECT TO THIS. THE GOVERNMENT --

YOU KNOW, MR. PARK, YOU'RE GOING TO SING

THE SAME REFRAIN THIS AFTERNOON, BUT OTHER PEOPLE ARE ENTITLED TO TALK. WE ARE ALWAYS RESPECTFUL IN THIS COURTROOM, AND I'M

SUGGESTING TO YOU THAT YOU NO LONGER INTERRUPT EITHER THE COURT

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OR COUNSEL. GO AHEAD. MR. RAHMANI: YOUR HONOR, THE GOVERNMENT REQUESTS, IF

MR. JOHNSON DOES SUBSTITUTE OUT, THAT SHADOW COUNSEL BE APPOINTED. MR. PARK HAS REPRESENTED HIMSELF BEFORE. HE THE

REPRESENTED HIMSELF IN A CIVIL CASE BEFORE JUDGE BURNS.

ALLEGATIONS IN THIS CASE ARE THAT HE PROVIDED FALSE DOCUMENTS AND TESTIMONY IN THAT CIVIL CASE, AND THAT'S THE BASIS FOR THE CHARGES IN THIS CASE, SO I DO BELIEVE, BASED ON MR. PARK'S CONDUCT IN THAT CASE, HIS CONDUCT BEFORE THIS COURT AND BEFORE MAGISTRATE COURT, THAT SHADOW COUNSEL IS APPROPRIATE. I DON'T

BELIEVE HE HAS SUFFICIENT KNOWLEDGE TO PROCEED PRO PER, AND THE GOVERNMENT WOULD REITERATE ITS REQUEST THAT COUNSEL BE APPOINTED. THE COURT: MR. RAHMANI: THE COURT: SHADOW COUNSEL. SHADOW COUNSEL, YOUR HONOR. WE SOMETIMES CALL IT ADVISORY COUNSEL -I OBJECT.

THE DEFENDANT: THE COURT:

-- ADVISORY COUNSEL, STAND-BY COUNSEL, OKAY.

SOMETIMES IT'S CALLED A CONSULTANT FOR THE COURT. UNDERSTOOD. LET ME ASK MR. JOHNSON.

I DON'T KNOW HOW LONG YOU WERE

INVOLVED IN THIS CASE, MR. JOHNSON, ARE YOU IN A POSITION TO ACCEPT AN APPOINTMENT AS SHADOW COUNSEL, STAND-BY COUNSEL, ADVISORY COUNSEL, CONSULTANT TO THE COURT OR NOT IN THIS CASE,

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GIVEN WHAT YOU KNOW, WITHOUT GOING INTO DETAIL, SIR? MR. JOHNSON: I THINK NOT IN THIS CASE, GIVEN WHAT I

KNOW AND GIVEN MY RELATIONSHIP WITH MR. PARK THAT WOULD NOT BE HELPFUL, I THINK. THE COURT: OKAY. SO YOUR REQUEST TODAY IS THAT THE

COURT JUST RELIEVE YOU IN THIS MATTER -- OR ACCEPT THE FACT THAT YOU'RE NO LONGER IN THIS MATTER, ACCEPT YOUR WITHDRAWAL. MR. JOHNSON: WITHDRAW, YES. THE COURT: OKAY. AND THAT WOULD BE YOUR REQUEST. I OBJECT TO MR. JOHNSON HE'S ALREADY BEEN YES, YOUR HONOR, TO GRANT MY MOTION TO

THE DEFENDANT:

YES.

TRESPASSING ON MY CASE ANY LONGER. TERMINATED. THE COURT: OKAY.

WELL, THERE'S --

THE DEFENDANT: THE COURT:

I OBJECT TO SHADOW COUNSEL.

DO YOU UNDERSTAND THERE ARE GOING TO BE

SOME DIFFICULT MOMENTS IN REPRESENTING YOURSELF AND STAND-BY COUNSEL IS THERE IF YOU HAVE A QUESTION, IF YOU WANT TO USE SOME ASSISTANCE. ADVISORY COUNSEL. IT'S CALLED SHADOW COUNSEL, STAND-BY COUNSEL, IT'S A RESOURCE TO YOU, MR. PARK, I THINK DO YOU UNDERSTAND THE

MAYBE I COULD BEST PUT IT THAT WAY. CONCEPT I'M TRYING TO CONVEY? THE DEFENDANT:

I OBJECT TO IT, ANY SHADOW COUNSEL, BUT

I DON'T -- I DID HEAR WHAT YOU SAID. THE COURT: OKAY. WHAT'S THE GOVERNMENT'S POSITION ON

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WHERE WE GO FROM HERE? MR. RAHMANI: OF MARCH 21ST. THE COURT: MR. RAHMANI: THE COURT: MR. RAHMANI: I THINK IT'S MARCH 23RD NOW. OH, MARCH 23RD? I THINK IT'S MARCH 23RD. IN ANY EVENT, YOUR HONOR, IT DOES NOT -YOUR HONOR, WE HAVE A MAXIMUM TRIAL DATE

GIVEN THE SPEEDY TRIAL ACT, IT DOESN'T APPEAR THAT MR. PARK IS CERTAINLY WILLING TO WAIVE ANY OF THOSE RIGHTS. THE GOVERNMENT

WOULD ASK THAT TRIAL BE SET BEFORE THE MAXIMUM TRIAL DATE. THE COURT: WELL, I'M GOING TO APPOINT STAND-BY

COUNSEL, AND WE'RE GOING TO TAKE THE NAME, ALEX, OFF THE LIST. THE CLERK: THE COURT: SURE. I'M GOING TO ACCEPT -- GRANT THE MOTION TO

WITHDRAW, MR. JOHNSON. MR. JOHNSON: THE COURT: THANK YOU, YOUR HONOR. I THINK THERE'S A NEED FOR A MOTION HEARING

DATE IN THIS MATTER, AND THE REASON I SAY THAT PAPERWORK HAS BEEN FILED BY MR. PARK. IT'S BEEN RECENT. IT'S HARD TO

DISCERN THE NATURE OF WHAT IT IS. AS A MOTION TO DISMISS.

I'M INCLINED TO CONSTRUE IT

I THINK WHAT WE NEED IN THIS MATTER IS

A TRIAL DATE, AN IN LIMINE DATE, A MOTION HEARING DATE, AND IT'S ALL IN FAIRLY QUICK ORDER. BUT, ALEX, WHO IS NEXT? THE CLERK: DONALD LEVINE, PHONE NUMBER 619-615-6200.

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DONALD LEVINE. THE COURT: STAND-BY COUNSEL. COUNSEL. HE IS APPOINTED, MR. PARK, AS ADVISORY, THE GOVERNMENT REFERRED TO HIM AS A SHADOW

I REFERRED TO HIM AS A RESOURCE. DID YOU GET HIS NAME AND NUMBER, SIR? THE DEFENDANT: THE COURT: I WROTE IT DOWN. THANK YOU. WE DO HAVE A MAXIMUM

OKAY.

TRIAL DATE IN THIS MATTER. BECAUSE I'M CONSTRUING --

I THINK I DO HAVE A MOTION ON FILE

YOU FILED A LOT OF PAPERS, TRUE? THAT, RIGHT? THE DEFENDANT: THE COURT: YES.

WE COULD AGREE ON

YOU FILED SOME PAPERWORK.

I'M NOT REALLY

SURE -- I HAVEN'T HAD ENOUGH TIME TO SIT DOWN AND ACTUALLY GO THROUGH ALL OF IT, BUT MY SENSE OF IT IS BASICALLY A LITTLE BIT ALONG THE LINES OF WHAT YOU SAID THIS AFTERNOON. HE'S

OBJECTING TO JURISDICTION, OBJECTING TO A LOT OF THINGS, OBJECTING TO BEING HERE. SO PUTTING IT IN A PARLANCE THAT WE

WOULD NORMALLY USE, I'M GOING TO SUGGEST THAT THAT'S A MOTION TO DISMISS, WHICH MEANS -THE DEFENDANT: THE COURT: IT IS.

-- YOU'RE GOING TO GET TO FILE A RESPONSE,

AND THE COURT'S GOING TO GET TO RULE ON IT. SO I THINK WHAT WE NEED WILL BE A MOTION HEARING DATE, THEN MOTIONS IN LIMINE, AND A TRIAL DATE, ALL BEFORE WE GET TO

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THE MAXIMUM TRIAL DATE, WHICH I'LL DOUBLE-CHECK BUT I THINK IT'S MARCH 23RD, WHICH ISN'T FAR AWAY. MR. JOHNSON: YOUR HONOR, ONE THING IS THAT MOTIONS THERE'S A NEW CASE

WERE FILED UNDER A DIFFERENT CASE NUMBER. NUMBER NOW.

I THINK WHEN THE CASE WAS INDICTED IT LOOKS TO ME

IT'S GOT A 12 NUMBER, AND NEITHER MR. PARK NOR THE GOVERNMENT ADDRESSED THIS, BUT I'M ASSUMING HE WANTS ALL HIS MOTIONS AND HIS FILINGS TRANSFERRED FROM ONE CASE TO THE OTHER. THE COURT: IMPORTANT POINT. EVERYTHING THAT WAS FILED IN THE 5297 CASE NOW NEEDS TO BE FILED IN THE 0494 CASE, ALL MOTIONS, YOUR PAPERWORK, SIR, BECAUSE THERE'S A NEW CASE. THE DEFENDANT: I OBJECT. ALL OF THE THINGS THAT WE THANK YOU, MR. JOHNSON, THAT WAS AN

FILED HAVE -- SOME HAVE BEEN REJECTED AND SOME HAVE BEEN PURPOSELY NOT ADDED TO THE DOCKET, I WANTED TO PUT THAT ON THE RECORD, AND WE DO HAVE THAT IN THE EXHIBITS. THE COURT: SIR, I'M GOING TO TAKE A MOMENT AND EXPLAIN I REJECT DOCUMENTS

TO YOU, WE DO THINGS BY CERTAIN PROCEDURES.

EVERY DAY FROM LAWYERS, AND IF YOU CHOOSE TO REPRESENT YOURSELF, WHICH I BELIEVE THAT'S WHAT YOU'RE CHOOSING TO DO, WITH THE ASSISTANCE OF MR. LEVINE, WHO WILL BE YOUR STAND-BY COUNSEL, I WILL CONTINUE TO REJECT THOSE DOCUMENTS BY THE SAME STANDARDS AND GUIDELINES THAT I ALWAYS HAVE. IF DOCUMENTS HAVE SOME

BEEN REJECTED, THEY WOULD HAVE BEEN REJECTED BY ANYBODY.

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DOCUMENTS THOUGH -- THE DOCUMENTS I'M TALKING ABOUT HAVE BEEN ACCEPTED, SO I HAVE DOCUMENTS FROM YOU, SIR, THAT HAVE BEEN ACCEPTED THAT I'M CONSTRUING AS A MOTION TO DISMISS, BUT MR. JOHNSON IS ABSOLUTELY RIGHT, WE STARTED OUT WITH AN INFORMATION. NUMBER. NOW WE HAVE AN INDICTMENT. IT'S GOT A DIFFERENT ANYBODY

YOU NEED TO REFILE UNDER THE NEW NUMBER.

WOULD HAVE TO, MR. JOHNSON WOULD, ANY LAWYER. THE DEFENDANT: THE COURT: WE'VE BEEN FILING UNDER THE NEW NUMBER.

PARDON? WE HAVE BEEN FILING UNDER THE NEW

THE DEFENDANT: NUMBER. THE COURT: MR. JOHNSON:

UNDER THE 494 NUMBER? I THINK HE'S JUST CONFUSED ON THAT POINT. I DIDN'T

HE DIDN'T REALIZE THERE WAS EVEN A NEW CASE NUMBER. MENTION IT TO HIM. THE COURT: IT'S IN THE INDICTMENT IS ALL.

SO YOU'VE GOT TO FILE UNDER THE INDICTMENT

OTHERWISE THE MOTIONS DON'T GET HEARD. I DON'T PRACTICE LAW. FIELD. I AM LIKE THE REFEREE ON THE I'M NOT FOR ONE

I'M LIKE THE REFEREE ON THE FIELD.

TEAM OR THE OTHER TEAM.

I'M JUST HERE CALLING THE BALLS AND SO THAT'S WHY

STRIKES, MR. PARK, I MEAN, THINK OF IT THAT WAY.

YOU'RE GOING TO HAVE STAND-BY COUNSEL TO EXPLAIN TO YOU WHAT I'M SAYING. BUT WHAT I'M TELLING YOU, I'M TRYING TO MAKE THIS AS CLEAR AS I CAN, YOU NOW NEED TO FILE EVERYTHING UNDER THE

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INDICTMENT THAT WAS FILED BECAUSE THAT'S GOT A NEW NUMBER, AND IT'S THE WAY THINGS WORK. THE DEFENDANT: THE COURT: THE INDICTMENT I WAS JUST SERVED TODAY.

YES, SIR. I DIDN'T REALIZE THAT HAD A DIFFERENT

THE DEFENDANT: NUMBER. YOU'RE RIGHT. THE COURT: MR. RAHMANI: THE COURT: MR. RAHMANI: RECIPROCAL DISCOVERY. INDICTED CASE AS WELL. THE COURT:

OKAY.

SO --

AND, YOUR HONOR, I APOLOGIZE -THAT'S OKAY. GO AHEAD.

THE GOVERNMENT'S JUST FILED A MOTION FOR I'LL MAKE SURE TO FILE THAT IN THE

OKAY.

VERY WELL.

SO YOU NEED TO REFILE AS

SOON AS POSSIBLE, MR. PARK.

YOU'RE GOING TO FILE. I'VE GONE THROUGH A

BUT LET ME GO BACK TO SOMETHING.

LITANY OF QUESTIONS WITH YOU, MR. PARK, WITH REGARD TO YOUR BACKGROUND AND EXPERIENCE AND UNDERSTANDING TO REPRESENT YOURSELF. I WANT TO GO BACK AND SEE IF YOU STILL WANT TO DO DO YOU

THAT, SIR, IN LIGHT OF OUR DISCUSSION THIS AFTERNOON. WANT TO GIVE UP YOUR RIGHT TO BE REPRESENTED? THE DEFENDANT: REPRESENTING MYSELF. THE COURT: ONE, SIR? THE DEFENDANT: YES. OKAY. AT THIS TIME I OBJECT, AND I AM

AND YOUR DECISION IS A VOLUNTARY

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THE COURT:

OKAY.

AND I WILL SAY THAT YOU HAVE MADE A

KNOWING AND VOLUNTARY WAIVER OF YOUR RIGHT TO COUNSEL AND I WILL LET YOU PROCEED, BUT I HAVE APPOINTED STAND-BY COUNSEL. YOU CAN THINK OF IT ANOTHER WAY AS A LITTLE BIT OF A SAFETY NET. THE DEFENDANT: I CAN'T BE REPRESENTED BY COUNSEL I'M A LIVING MAN.

BECAUSE I AM -- I'M NOT A CORPORATION. THE COURT:

WELL, YOU CAN TALK TO MR. LEVINE, MR. HE'S NOT REPRESENTING YOU.

LEVINE IS JUST THERE AS A RESOURCE.

YOU'RE REPRESENTING YOURSELF BECAUSE THAT'S WHAT YOU'VE ASKED TO DO, AND -- BUT HE'S THERE AS A SAFETY NET. STANDBY. HE'S THERE AS SHADOW COUNSEL. HE'S THERE AS

THERE ARE A LOT OF

DIFFERENT WORDS, BUT WHAT IT MEANS IS WHEN THE GOING GETS TOUGH, AND YOU DON'T KNOW WHAT TO DO OR HOW TO DO IT, WHICH MAY HAPPEN, YOU CAN ASK MR. LEVINE FOR SOME ADVICE AND SOME THOUGHTS. SO I WANT TO SET SOME DATES IN THIS MATTER, GIVEN WHERE WE ARE, AND I KNOW MOTIONS WILL BE FORTHCOMING, AND I HAVE ONE, COUNSEL, THAT I'M DEEMING -- WHICH WAS ACCEPTED BY THE CLERK'S OFFICE AND NOT RETURNED -- OR DISCREPANCIES, I DO BELIEVE, AND WE'LL DEEM THAT A MOTION TO DISMISS. SO LET'S SET A MOTION

HEARING FOR THAT, AND YOU'RE GOING TO NEED TO FILE A RESPONSE. MR. RAHMANI: CERTAINLY, YOUR HONOR. I HAVEN'T

RECEIVED THAT DOCUMENT SO I DON'T KNOW IF MR. PARK -THE DEFENDANT: IT WAS SUBMITTED TODAY.

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THE COURT:

OKAY.

WELL, YOU'LL BE FILING YOUR

DOCUMENTS WITH A COPY TO THE COURT AND A COPY TO COUNSEL. SO HOW SOON CAN WE SET THE MOTION HEARING DATE? WE SHOULD DO IT BASED ON THE TRIAL DATE, ALEX. MAXIMUM TRAIL DATE -THE DEFENDANT: I WOULD REQUEST SOME TIME TO GET MYSELF I STILL DON'T BELIEVE I'VE MAYBE

IF WE HAVE A

UP TO PAR WITH THE DISCOVERY. RECEIVED ALL OF THE DISCOVERY. THE COURT: OKAY.

LET'S STOP RIGHT THERE AND ASK WHAT

THE DISCOVERY IS IN THIS MATTER AND HOW VOLUMINOUS IT IS, COUNSEL. MR. RAHMANI: VOLUMINOUS. THE COURT: MR. RAHMANI: ARE YOU PREPARED TO TURN IT OVER? YES, YOUR HONOR. WE HAVE TURNED IT OVER, YOUR HONOR, IT'S 51 PAGES. IT'S NOT VERY

AND I'LL TURN IT OVER DIRECTLY TO MR. PARK AS WELL. THE COURT: MR. RAHMANI: SO MR. JOHNSON HAD IT. YES, YOUR HONOR. THIS WAS A

PRE-INDICTMENT CASE SO DISCOVERY WAS PROVIDED AT THE TIME WAIVER STAGE. THE COURT: AND THAT'S ALL THERE IS. THERE ISN'T

ANYTHING ELSE THAT YOU HAVE TO DISCLOSE, SIR? MR. RAHMANI: DOUBLE-CHECK. THE DEFENDANT: ANY VIDEOS OR AUDIOS OR ANYTHING? I I DON'T BELIEVE SO. I'LL CERTAINLY

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HAVEN'T RECEIVED ANYTHING. MR. RAHMANI: YOUR HONOR, THE PRIMARY DOCUMENTS IN THIS

CASE ARE PUBLIC DOCUMENTS THAT MR. PARK FILED HIMSELF IN THE CIVIL MATTER, AND THE TESTIMONY THAT HE GAVE IN THAT CIVIL MATTER, WE PROVIDED THOSE DOCUMENTS AND THAT TRANSCRIPT TO MR. PARK. THE COURT: LET ME JUST STOP, MR. JOHNSON, DID YOU

RECEIVE FULL DISCOVERY IN THIS MATTER ALONG THE LINES OF WHAT GOVERNMENT COUNSEL IS SUGGESTING? MR. JOHNSON: THE COURT: MR. JOHNSON: THE COURT: I RECEIVED I THINK IT WAS 51 PAGES, YES. AND IS MR. PARK IN RECEIPT OF THAT? I E-MAILED IT TO HIM, YES. OKAY. SO YOU -HE ASKED

THE DEFENDANT:

I NEVER RECEIVED ANYTHING.

MR. RAHMANI FOR THE DISCOVERY EVIDENCE WHEN I ASKED HIM THAT I DIDN'T RECEIVE IT BEFORE -- YOU KNOW, AFTER TRYING TO GET ME TO SIGN A PLEA AGREEMENT. THE COURT: OKAY, LET'S DO THIS, LET'S -- MR. RAHMANI, AND MR. JOHNSON, YOU E-MAIL IT

YOU DOUBLE-CHECK ON EVERYTHING. AGAIN TO MR. PARK.

EVERYBODY MAKE SURE THAT MR. PARK GETS IT.

I THINK YOU MAY ALREADY HAVE IT, BUT IN AN ABUNDANCE OF CAUTION -THE DEFENDANT: MR. RAHMANI: AFTERNOON. I DO NOT HAVE IT. YOUR HONOR, I'LL PRODUCE ANOTHER SET THIS

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THE COURT: MR. RAHMANI: THE COURT:

OKAY, AND SO HE'LL HAVE IT FORTHWITH. YES. OKAY. VERY WELL. SO LET'S SET A MOTION

HEARING ON THE MOTION TO DISMISS. MY MAXIMUM TRIAL DATE AGAIN, ALEX, WOULD -THE DEFENDANT: CAN I GIVE YOU THIS BECAUSE I DON'T

KNOW IF YOU RECEIVED A COPY OF WHAT WE FILED TODAY THAT I GAVE MR. RAHMANI RIGHT NOW. IT IS A MOTION TO DISMISS AND TO QUASH

THE SUMMONS AND COMPLAINT. THE COURT: I HAVE IT. YOU GOT IT, OKAY.

THE DEFENDANT: THE COURT:

THESE ARE COMING TO ME, MR. PARK, AND MR.

RAHMANI, AND MAYBE DISCREPANCY BACK, BUT WE'RE GOING TO HAVE TO PROCEED IN SOME FASHION TO MAKE SOME FORWARD MOVEMENT HERE. YOU UNDERSTAND? MR. RAHMANI: THE COURT: YES, YOUR HONOR. I MEAN, THERE ARE PROBLEMS WITH THE WAY DO

YOU'RE FILING THE DOCUMENTS THAT CAUSE THEM TO BE DISCREPANCIES. I CAN'T SIT DOWN AND TELL YOU HOW TO FILE THEM

PROPERLY, BUT I CAN TELL YOU THAT IT'S COME TO ME, BUT IT COMES TO ME WITH A SHEET THAT ASKS ME TO REJECT IT BECAUSE IT'S NOT PROPERLY DONE. BUT HAVING SAID THAT, LET'S START WITH THE TRIAL DATE AND BACK OUT OF THIS. 23RD I SAID, CORRECT? SO THE TRIAL DATE NEEDS TO BE BY THE

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MR. RAHMANI: THE COURT:

YES, YOUR HONOR. THE 23RD OF MARCH, WHICH MEANS WE BASICALLY

NEED TO START IT ON MONDAY, THE 19TH OF MARCH, RIGHT, ALEX? THE CLERK: DOUBLE SET. THE COURT: I'LL KEEP THIS ONE. TRIAL? IT'S A JURY RILE TRIAL, RIGHT, MR. PARK? THE DEFENDANT: MR. RAHMANI: YES. I DON'T BELIEVE MR. PARK HAS WAIVED RIGHT I'M REAL BUSY THAT DAY, BUT ASSUMING WE GO, SO LET'S SET THE TRIAL. IS THIS A JURY THAT'S CORRECT, YOUR HONOR, AND YOU ARE

TO JURY, SO I DO BELIEVE -THE COURT: I DON'T BELIEVE SO. SO THIS IS A JURY

TRIAL, ALEX, SET TO BEGIN MONDAY, MARCH THE 19TH, AT 9:00 A.M. THE DEFENDANT: INDICTMENT YET. WE HAVE NOT RECEIVED ANY GRAND JURY

IS THAT WHAT THIS WAS JUST GIVEN TO ME TODAY I GUESS THAT'S

BECAUSE I HAVEN'T HAD A CHANCE TO LOOK AT IT. WHAT THIS IS.

SO YOU'RE GIVING ME ONLY A FEW WEEKS TO GO OVER

ALL THIS DISCOVERY AT THIS LATE OF NOTICE? THE COURT: WELL, I'M SETTING DATES RIGHT NOW IS WHAT

I'M DOING, AND SO WE'LL SEE WHERE WE GO. THE DEFENDANT: THE COURT: OKAY. MR.

SO TRIAL'S GOING TO BEGIN MARCH 19TH.

RAHMANI, HOW LONG A TRIAL IS THIS?

I'M PRETTY QUICK WITH JURY I WILL SET TIME

SELECTION, AND INSTRUCTING, AND ARGUMENT.

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LIMITS ON ARGUMENT. REQUESTED.

I WILL PERMIT SOME LIMITED VOIR DIRE, IF

BUT WHAT DO YOU THINK FOR THE GOVERNMENT'S

CASE-IN-CHIEF, SIR? MR. RAHMANI: YOUR HONOR, NORMALLY I WOULD SAY THIS IS

A TWO-DAY JURY TRIAL MAXIMUM, BUT, GIVEN THESE UNIQUE CIRCUMSTANCES, I DON'T KNOW IF WE'LL PROCEED AS QUICKLY AS WE NORMALLY DO. THE COURT: MATTER. NOW, MAYBE WE COULD SET A MOTION HEARING TOGETHER WITH IN LIMINES. MR. RAHMANI: THAT WOULD WORK, YOUR HONOR. SO I'M GOING TO HOLD FOUR DAYS FOR THIS

(DISCUSSION HELD OFF THE RECORD.) THE COURT: I'M LOOKING AT, COUNSEL, MARCH THE 2ND FOR

MOTIONS AND MOTIONS IN LIMINE. MR. RAHMANI: THE COURT: THE CLERK: THE COURT: THAT WORKS, YOUR HONOR. AND WHAT TIME WOULD THAT BE, ALEX? 2:00. AT 2:00 P.M. I WANT ALL MOTIONS, MOTIONS

IN LIMINE, AND OPPOSITIONS, I WANT THEM INTO THE COURT A FULL WEEK IN ADVANCE OF THE MARCH 2ND HEARING -- THAT GIVES ME ADEQUATE TIME -- OR AS SOON AS POSSIBLE. WE'LL HAVE A JURY UP

HERE ON MONDAY, THE 19TH, AND BE SET TO GO. I THINK THAT COVERS EVERYTHING FROM THIS AFTERNOON. LET ME JUST GO THROUGH BECAUSE I'VE GOT A LOT OF PAPERS HERE.

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I'VE RELIEVED MR. JOHNSON. SELF-REPRESENT.

I'M PERMITTING YOU TO

I'VE APPOINTED STAND-BY COUNSEL. YOUR HONOR, THE ONLY OUTSTANDING ISSUE IS

MR. RAHMANI:

JUST TO DISMISS THE INFORMATION CASE WITHOUT PREJUDICE. THE COURT: OKAY. THE UNDERLYING CASE, WHICH IS THE

5297 CASE, IS DISMISSED WITHOUT PREJUDICE, UNDERSCORING THE FACT THAT EVERYTHING NEEDS TO BE REFILED IN THE 0494 NUMBER, IF IT'S TO BE CONSIDERED IN THIS MATTER. SO I THINK THAT COVERS EVERYTHING. THE MOTION HEARING, THE TRIAL BEGINS

THE MOTIONS IN LIMINE, MARCH 2ND AT 2:00 P.M. MARCH 19TH, JURY TRIAL.

MR. RAHMANI, MR. PARK, EVEN THOUGH I'VE RELIEVED YOU, MR. JOHNSON, IS THERE ANYTHING ANYBODY CAN THINK OF THAT WE NEED TO GO OVER? I THINK THIS SETS THIS ON A COURT. IF

ANYTHING COMES UP, SINCE YOU'RE REPRESENTING YOURSELF, YOU CAN TALK TO MR. RAHMANI, HE CAN TALK TO YOU, IF THERE'S AN ISSUE, AND WE'LL TAKE IT FROM THERE. YOU'LL SEE THAT MR. LEVINE GETS THE FILE? MR. JOHNSON: THE COURT: WHAT THIS IS ABOUT. I'LL COPY HIM WITH MY E-MAIL. YOU'LL COPY HIM WITH AN E-MAIL SO HE KNOWS THE COURT WILL NOTIFY HIM AND TELL HIM

HE'S BEEN APPOINTED IN THIS CAPACITY, AND WE'LL SEE WHAT HAPPENS. (DISCUSSION OFF THE RECORD.) THE COURT: OH, THANK YOU. IN ADDITION, BECAUSE THERE

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WERE TWO CASES, THE BOND THAT WAS POSTED IN THE 5297 CASE WILL CARRY OVER TO THE 0494 CASE. YOU WILL REMAIN ON BOND, MR.

PARK, ON THE SAME TERMS AND CONDITIONS. AND I THINK THAT TAKES CARE OF EVERYTHING FOR TODAY UNTIL WE MEET FOR THE MOTION HEARING. MR. JOHNSON: THE COURT: THANK YOU, YOUR HONOR. THANK YOU, MR. JOHNSON. I APPRECIATE YOUR

ASSISTANCE, MR. RAHMANI.

MR. PARK, THANK YOU. WE'LL BE IN RECESS

WE'RE GOING TO TAKE A BRIEF BREAK. FOR A FEW MINUTES. MR. RAHMANI: THANK YOU. THANK YOU, YOUR HONOR.

(THE HEARING CONCLUDED.)

C E R T I F I C A T E

I, GAYLE WAKEFIELD, CERTIFY THAT I AM A DULY QUALIFIED AND ACTING OFFICIAL COURT REPORTER FOR THE UNITED STATES DISTRICT COURT, THAT THE FOREGOING IS A TRUE AND ACCURATE TRANSCRIPT OF THE PROCEEDINGS AS TAKEN BY ME IN THE ABOVE-ENTITLED MATTER ON FEBRUARY 10, 2012; AND THAT THE FORMAT USED COMPLIES WITH THE RULES AND REQUIREMENTS OF THE UNITED STATES JUDICIAL CONFERENCE.

DATED:_______________

/S/ GAYLE WAKEFIELD GAYLE WAKEFIELD, RPR, CRR OFFICIAL COURT REPORTER

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