United States v. Satterly

36 F. Supp. 2d 71, 1998 U.S. Dist. LEXIS 21429, 1998 WL 996056
CourtDistrict Court, D. Connecticut
DecidedNovember 17, 1998
DocketNo. 3:97 CR 200(JGM)
StatusPublished

This text of 36 F. Supp. 2d 71 (United States v. Satterly) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Satterly, 36 F. Supp. 2d 71, 1998 U.S. Dist. LEXIS 21429, 1998 WL 996056 (D. Conn. 1998).

Opinion

MEMORANDUM OF DECISION

MARGOLIS, United State Magistrate Judge.

On October 22, 1997, the Government filed a one-count information against defendant Douglas A. Satterly, pursuant to 18 U.S.C. § 228, alleging that from about March 1995, defendant willfully and unlawfully failed to pay legal child support obligations for his two minor children, which obligation has remained unpaid for more than one year and is greater than $5,000. On May 5, 1998, defendant entered a plea of not guilty and consented to trial before this Magistrate Judge. (Dkt.e8-9). Both sides filed pretrial memo-randa on July 17, 1998. (Dkt.él6-17). A [72]*72court trial was held on July 21, 1998, at which three witnesses testified for the Government — David Jaundrill, John Mahaney, and defendant’s daughter, Meredith Satterly; defendant testified in his own defense. (Dkt.el9-22). Pursuant to deadlines set by the Court, on August 31, 1998, both sides filed post-trial briefs (Dkt.e23-24) and on September 10,1998, both sides filed reply briefs. (Dkt.e25-26).

For the reasons stated below, the Court finds that defendant is guilty of these charges.

I. FINDINGS OF FACT

Defendant Douglas Satterly and Gail Sat-terly were married in Maryland on November 9,1974 and had two daughters, Meredith, born April 3, 1980 and Andrea, born December 17,1984. (Exh. A, Findings of Facts and Conclusions of Law, ¶¶ 2-3). At some point, the Satterly family relocated to a home in St. Thomas, U.S. Virgin Islands, which they owned. (Id. ¶¶ 1 & 4). Prior to moving to St. Thomas, defendant had been employed In the sale of imported shoes, earning more than $70,000 in 1986. (Id. ¶ 11). Defendant was engaged in the roofing business in the Virgin Islands — in late 1988 or early 1989 he earned a substantial income because of Hurricane Hugo, but by July-August 1990, business had slowed down. (Id. ¶¶ 11-12; Tr. 160-62). Gail Satterly filed for divorce in the Territorial Court of the Virgin Islands; a court trial was held on February 7, 1991 and on June 4, 1991, Judge Ishmael A. Meyers issued a Decree and Findings of Fact and Conclusions of Law. (Exh. A). The judge awarded joint legal custody of the daughters, with Gail Satterly having sole physical custody. (Id., Decree ¶ 2; Findings of Fact ¶ 14, Conclusions of Law ¶ 3). The judge also ordered defendant to pay child support for the two children in the amount of $660 payable in semimonthly installments of $326. (Id., Decree ¶ 3 & Conclusions of Law ¶ 10).1

In June 1991, Gail, Meredith and Andrea Satterly relocated to Connecticut. (Tr. 109-10,164). Shortly after that, defendant closed his roofing business. (Tr. 164). On July 24, 1992, the Certified Judgment of Divorce was filed and registered in the Connecticut Superior Court in Bridgeport. (Exh. A, Certification; Tr. 10-11). Defendant paid his child support during 1992 and 1993, although not necessarily on time. (Tr. 80, 81). On September 20, 1994, a clerk from the Manatee County Courthouse in Florida provided the Connecticut Superior Court with a Braden-ton, Florida address for defendant. (Exh. K; Tr. 38-40).

Defendant testified that from December 1993 through July 1995, he resided in Novo Humborgo, Brazil, where he operated Satterly International, for which he developed shoes and handbags, had them manufactured in Brazil, and then sold them in the United States; he paid his child support during this period, even though defendant had continuing disputes with his ex-wife over visitation. (Tr. 118-20, 122-25, 126, 130, 155-57, 167).2 He testified that although annual sales were as high as $500,000 in 1993, he eventually was forced to close the business when the Brazilian currency was grossly revalued, returning to the United States with approximately $1,000 in cash. (Tr. 120, 126-27, 145, 168-70).

In 1995, defendant apparently resided in Sarasota, Florida. (Exh. C). On March 15, 1995, David A. Jaundrill, Support Enforcement Officer, for the Connecticut Superior Court, sent a demand letter to defendant at an address in Zellwood, Florida and two addresses in Sarasota. (Exh. F; Tr. 33-34, 37-38, 41). Defendant responded in a letter, dated April 10, 1995, in which he complained that his ex-wife had denied him visitation with his daughters, explained that he had been traveling extensively, and promised that “payments will continue to be made as al[73]*73ways.” (Exh. G; Tr. 34-35, 42-43). Ten days later, Jaundrill sent a letter to defendant, at his Sarasota address, indicating that as of January 1995, the arrearage was $7,774, and that the child support issues were distinct from the visitation issues. (Exh. H; Tr. 35-36, 43). On May 25, 1995, defendant responded in a letter, written on the stationary of the “Admirals Club” and mailed from Queens, New York, in which he questioned the $7,774 arrearage, but promised that “[i]n the future I have no problem sending e[hild] support to state of Connecticut] as requested.” (Exh. I; Tr. 36, 45, 60-61). The “Admirals Club” is a special lounge at American Airlines for first class passengers or frequent fliers, to which defendant belonged in 1994 and 1995. (Tr. 44, 187). On June 7, 1995, Jaundrill responded to defendant. (Exh. J; Tr. 36-37). Defendant never contacted Jaundrill thereafter, as defendant claims he never received this letter. (Tr. 45-46, 208-09). There is no dispute that since April 1995 defendant has failed to pay child support, which he described as “a millstone around my neck.” (Tr. 110-11, 121-22, 145-46, 207). Defendant testified that at the time he wrote these letters to Jaundrill, he did intend to pay child support. (Tr. 122).

From July 1996 through January 1997, defendant lived in Longboat Key, Florida;3 he earned about $2,000 working in advertising for the Florida Directory and unsuccessfully attempted to start a shoe business in Mexico, with funds he borrowed from a friend. (Tr. 130, 132, 172-73, 174-75, 178-79). During this period, his wife, Mara R. Kelsch (see Exh. E), had “a couple of part-time jobs,” including work at a retail store and telemarketing, which supported them. (Tr. 131, 133-34, 177-78).4 He testified that he “[constantly” sought employment in retail sales, but failed, in part, because he was overqualified. (Tr. 175-76).

In February 1997, defendant and his wife relocated to Hilton Head, S.C., when his wife was promoted as manager for a store operated by Mondi of America; he testified that all their belongings fit into his wife’s leased car. (Exh. E; Tr. 141-43, 188-90). In July 1997, defendant and his wife moved to an apartment in Duluth, Georgia, after his wife was promoted to a large store in Atlanta. (Exhs. D-E; Tr. 146). In the rental application form, defendant was described as “self-employed.” (Exh. E). The application form further indicated that Kelsch earned $2,400 a month as a manager for Mondi of America. (Exh. E; Tr. 58, 190). „ Defendant testified that they survived on his wife’s income. (Tr. 146,191,193). During the Christmas season, he was a part-time sales clerk at a Coach store for $7.00 an hour, earning approximately $1,000 over six to eight weeks. (Tr. 147, 195-96). At the time of the trial, defendant was still residing with his wife in Georgia. (Tr. 148).5

Over the course of his investigation, Jaundrill uncovered these multiple addresses for defendant in various locations in Florida, South Carolina, and Georgia. (Tr.

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Bluebook (online)
36 F. Supp. 2d 71, 1998 U.S. Dist. LEXIS 21429, 1998 WL 996056, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-satterly-ctd-1998.