Case 2:16-cr-20732-RHC-RSW ECF No. 228 filed 07/26/18 PageID.

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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

UNITED STATES OF AMERICA

CRIMINAL NO. 16-20732

vs. HON. ROBERT H. CLELAND

D-1 DEAN REYNOLDS,

Defendant.
_____________________________/

GOVERNMENT’S SUPPLEMENTAL RESPONSE TO DEFENDANT’S

MOTION FOR RECONSIDERATION OF BOND PENDING SENTENCING

Introduction

On July 13, 2018, defendant Dean Reynolds filed a Reply to the government’s

opposition to bond pending sentencing. Since then, the case agent, FBI SA Robert

Beeckman, did additional due diligence, including listening to hundreds of the

defendant’s non-attorney jail calls made from the St. Clair County jail. The calls

revealed that the defendant deceived the Court about having been diagnosed with

kidney cancer and his mother being placed in hospice care. Equally clear from

Agent Beeckman’s additional investigation is that the defendant’s desperation to be

released from custody stems not from an urgent medical need, but rather from a

desire to be released in order to try to save his troubled, fledgling marriage. Another

troubling discovery in the defendant’s jail calls is the fact that the defendant is still

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in constructive possession of firearms and plans to actually possess them if the court

releases him on bond.

Reynolds Lied Under Oath About Having Been Diagnosed with Cancer

Attached to the defendant’s initial motion for reconsideration for bond were

medical records that failed to show that Reynolds had been diagnosed with cancer.

And the new records he attaches to his reply are equally unavailing.

One record shows that his initial MRI back in October of 2017 gave doctors

cause for concern. It stated that the mass appearing on the MRI was “diagnosed as

likely renal cell carcinoma.” (Defendant’s Reply, p. 4). That initial concern for

cancer was assuaged when, after part of Reynolds’ kidney was removed and biopsied

in the spring of this year, the pathology report concluded “no malignancy found on

partial nephrectomy specimen.” The conclusion that Reynolds did not have cancer,

at least as for the part of the kidney that was tested, occurred on April 16, 2018.

Thus, Reynolds knew three months before his trial began in June that he did not have

a cancer diagnosis. Yet, he had no hesitation in boldly lying to the court and

committing perjury.1

On June 13, 2018, prior to jury selection, the Court held a hearing concerning

whether Reynolds qualified for court-appointed counsel. Reynolds was placed

1
Even the letter the defendant submitted from Dr. Reaume dated July 18,
2018, calls it “possible cancer of the kidney.” (Reply, p. 3).
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under oath. During the hearing, the Court asked Reynolds about parts of the

financial affidavit he did not complete, including when he was last employed and

how much he was earning. In answer to the Court, the defendant stated:

Your Honor…we had – I owned part of a business with my dad. That

contract was – it had two years left on the contract where the company that
we work with broke that contract back in October of last year.

RT: 6/13/18; p. 4 (Exhibit A). The Court asked if he was referring to October of

2017, and Reynolds continued:

Of 2017, that’s correct. And then the business itself ran out of funds in
February of this year. And per month, how much per month? Approximately
$6,500 per month is what I would take in. I also developed over that time, I
was diagnosed with kidney cancer, which is another issue that happened
with working. I went through and received surgery for that cancer, and
unfortunately, that was unsuccessful. So I still have cancer and unable to
find employment.

RT: 6/13/18; pp. 4-5 (Exhibit A). Reynolds knew from the April 16 pathology

report that he was not “diagnosed with cancer” and he knew that he did not “still

have cancer.”

Reynolds’ recorded jail calls over the past 30 days2 reveal that Reynolds has

been scheming to try to get a doctor to say that he had cancer in order to convince

the Court to let him out on bond.

2
The recording system at the St. Clair County jail was not able to provide
SA Beeckman with an exact date of the recorded calls, only a time range. All of
the calls he listened to occurred between June 21, 2018 and July 17, 2018.
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In one call to his wife earlier this month, Reynolds discusses needing his wife

to help him get a doctor’s letter stating he has cancer.

Reynolds: You know, I was thinking about it, and you may not want to say
this but…if they [the doctor’s office] don’t want to write the, you
know, diagnosis can- kidney cancer, is, you might have to just
come out and tell them you need it for an attorney because I’m
in jail and they, I need to be –

Wife: Right

Reynolds: And I need to prove –

Wife: I’m-

Reynolds: I need to prove I got kidney cancer.

Wife: I know that. I know all that.

A similar conversation occurred in different call with his wife:

Reynolds: …When you talk to the surgeon’s office..

Wife: Uh huh.

Reynolds: Did you tell them that uh, the letter needs to say that I was
diagnosed with kidney cancer?

Wife: I said that…they notated it as the prognosis and what is needed

for further treatment and I told them it was for my attorney.

Reynolds: Okay.

Wife: So, I don’t know what they are gonna put on there.

***

Reynolds: So, but, but the letter’s got to say that I was diagnosed with
kidney cancer.

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Wife: I understand what it needs to say. I have no control in what

they’re gonna say.

There was even a call between Reynolds and his father where his father reads

Reynolds a letter his father obtained from Reynolds’ physician about Reynolds’

condition and Reynolds instructs his father to throw out the letter because it states

that Reynolds does not, in fact, have cancer.

Father: Ok, I went over there [to Reynolds’ doctor’s office], twice.

Reynolds: Yeah?

Father: I got a letter.

Reynolds: What’s it say?

Father: They do not say in it that you have cancer.

Reynolds: What the heck. What does it say?

Father: It’s a pretty good letter. Let me read it to you.

Reynolds: Ok.

Father: [Reading] ‘To whom it may concern: Dean Reynolds has been
a patient of our since 2014 for secondary polycythemia.’

Reynolds: Right.

Father: ‘In March of 2018, a mass was found in the right kidney. A
partial ne- operation was performed by Doctor,’ what’s his
name?

Reynolds: Reaume. Yep.

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Father: ‘Fortunately, the pathology report revealed no evidence of

cancer. So no further treatment was required…’

The defendant was not happy with the letter and promptly instructed his father to

throw it in the garbage.

In addition to lying to the Court under oath about his cancer, the defendant

essentially perpetrated a wire fraud scheme in the spring of 2018 to get money. He

claimed on the funding website youcare.com that he had “stage 3 kidney cancer”

and needed to raise $10,000. (Exhibit B, Macomb Daily article by Mitch Hotts,

April 12, 2018). Reynolds’ medical records reveal, however, that Reynolds has

never been diagnosed with stage 3 kidney cancer. Instead, his physician indicated

that kidney cancer is merely a possibility.

Reynolds Lied About His Mother Being Placed in Hospice Care

The government acknowledges that Reynolds’ mother is seriously ill.

However, in an attempt to buttress his claimed need to be released from custody,

Reynolds lied to his attorney and the Court about his mother being placed in hospice

care. This is discussed in a call between Reynolds and his father.

Reynolds: Hey father. How are you doing?

Father: I’m doin’.

***

Father: I just finished feeding mother.

Reynolds: Oh.

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Father: She’s resting now. What’s going on with you?

Reynolds: Nothing much. I just called to see how mother was.

Father: Okay.

Reynolds: About the same or a little different, er?

Father: About the same but she’s, she’s alright. She can talk and
everything. Just very weak.

Reynolds: Oh, I hope I get out of here next week.

Father: I hope you do too. Uh, did you tell your attorney she’s
[Reynolds’ mother is] in, in, uh, home care?

Reynolds: No. Because that’s not what - when I left she was going into
hospice. So I asked, I asked Fraser for a letter stating that they
discontinued the, the chemo and the radiation. And they
recommended hospice. Because that’s what I was told and that’s
what I told them….So that’s…the letter that I asked for.

Reynolds also attempted to conceal from his attorney, Mr. Rabaut, the fact

that his mother had been moved to a hospital where she was receiving medical

treatment. This is because it did not fit Reynolds’ narrative of needing to get out of

custody to visit his dying mother in hospice. The subterfuge was revealed in this

call between Reynolds and his father.

Reynolds: Ok, well what I wanted to tell you was, when you talk to my
attorney [Mr. Rabaut]-
Father: Yes.
Reynolds: Don’t, don’t get into detail on mother. Don’t say she’s in the
hospital or anything. Just, you know, just say she’s getting

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worse, because that’s the truth, so you know… got an infection

and stuff. So…
Father: Don’t say she’s in the hospital?
Reynolds: No, no. Don’t g… don’t give them too much information
because of HIPPA rules, just say “she’s getting worse,” and if
he asks “well, how’s she getting worse,” say “well, she’s got an
infection now.” You know?
Father: I don’t see why it wouldn’t be a good idea to tell her she’s in
the… that… that’s she’s in the hospital.
Reynolds: Ok, it, it’s not. So…
***
Reynolds: Just all you have to say [to Mr. Rabaut], “she’s getting worse.”
And…
Father: He’s gonna wonder why I’m not doing something about it.
Reynolds: Well, yeah, he’s… you are doing something about it. No
matter where…
Father: Yeah, but I can’t… I can’t tell me that… that she’s in the
hospital.
Reynolds: Well just, just say she’s getting worse. No, because if she’s
in the hospital, she can get treatment and she can get better.
Ok?
Father: Alright.

The above passage makes it abundantly clear that Reynolds is intentionally

concealing facts about his mother’s medical treatment to protect his justifications

for bond. His initial claim that his mother is actually in hospice is just false.

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The Real Reason Reynolds Wants Out of Jail

SA Beeckman listened to hundreds of Reynolds’ non-attorney jail calls since

Reynolds’ conviction. In them, he talks with family and friends. SA Beeckman can

attest that there are two central themes running through all of the calls: one is

Reynolds’ non-stop attempts to get his family members and friends to put money on

his jail account and to handle his unpaid bills; the other is the defendant’s desperation

to get out of custody so he can attempt to repair his marriage. It is quite telling that

Reynolds does not do or say anything that indicates he is worried about an imminent

threat to his physical condition requiring medical attention. This stands to reason,

as the defendant’s claim of having been diagnosed with cancer, at least to date, is a

false one.

The U.S. Marshals Service Can Accommodate Any Real Medical Needs

Even if the defendant had an urgent medical condition, the U.S. Marshals

have assured the government that they could bring him to a location to receive

treatment. Moreover, the defendant could move to expedite his sentencing and

designation if he preferred to be sent to one of several Bureau of Prison medical

centers that could treat him.

Reynolds, a Convicted Felon, is Still in Possession of Firearms

In one disturbing jail call, the defendant, frantic to raise money, reveals that

he is still in possession of multiple firearms at his residence. In this call, Reynolds

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is asking his Uncle Bob to give his wife $1,000 and suggests that he will pay him

back when he is released on bond by selling his guns.

Reynolds: I gotta, I gotta ask you to do something for me, Bob.

Bob: What?
Reynolds: I don’t know the right but, you gotta do it.
Bob: What Dean?
Reynolds: I, you gotta, you gotta, can you come up with a thousand bucks
to give Melissa [Reynolds’ wife] this week? And if you can
wait ‘til I get out, I can sell, I can sell some stuff. I can sell
some guns and stuff to pay you back.
***
Reynolds: What I’ll, what I’ll do—
Bob: Uh-huh.
Reynolds: If you can give her the thousand dollars, I think I can get a
thousand out of my guns. I’ll call my father up and I’ll ask
him if he’ll go try to sell them this week for me.
Bob: Uh-huh.
Reynolds: And that way I can get the money back this week. I don’t know.
I mean, if I was there I could take care of it, but I’m not there.

In a different call, Reynolds indicates that he has seven firearms at his

residence. It appears that Reynolds was in possession of these firearms while he

was on bond before and during the trial in direct violation of his conditions of

pretrial release. See Docket No. 8, Order Setting Conditions of Release.

Furthermore, the defendant’s conduct of constructively possessing the guns while

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in jail, and his proposed conduct of actually possessing them if the court grants him

bond, is both a felony violation of 18 U.S.C. § 922(g) and a further violation of his

bond conditions.

Conclusion

The defendant lied about his cancer diagnosis to the Court under oath. He

lied to his attorney and concealed facts about his mother’s health to gain his freedom.

He attempted to manipulate letters from his doctors. And he currently possesses

multiple firearms in violation of federal law which he plans to possess if the court

releases him on bond. For a myriad of good reasons, including public safety and the

statutory presumption for detention, the Court should deny his motion for

reconsideration of bond.

Respectfully submitted,

MATTHEW SCHNEIDER
United States Attorney

s/R. Michael Bullotta s/David A. Gardey

R. MICHAEL BULLOTTA DAVID A. GARDEY
Assistant United States Attorney Assistant United States Attorney
Chief, Public Corruption Unit

Dated: July 26, 2018

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CERTIFICATE OF SERVICE

I hereby certify that on July 26, 2018, I electronically filed the foregoing

document with the Clerk of the Court using the ECF system, which will send

notification of such filing to the following:

Stephen Rabaut
Attorney for Dean Reynolds

s/R. Michael Bullotta

R. MICHAEL BULLOTTA
Assistant United States Attorney

Dated: July 26, 2018

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