Court filing
Transcript of Initial Appearance as to Andre Lorquet — USA v. Lorquet (Dkt. 22, S.D. Fla.)
Filed December 19, 2022 in USA v. Lorquet; one of 145 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of Florida |
|---|---|
| Filed | 2022-12-19 |
U.S. District Court for the Southern District of Florida · No. 1:22-cr-20326-KMM · Doc. 22 · 2022-12-19 · Docket on CourtListener
Full text
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 22-CR-20326-KMM-1
UNITED STATES OF AMERICA,
Miami, Florida
Plaintiff(s),
November 8, 2022
vs.
ANDRE LORQUET,
Defendant(s). Pages 1 - 16
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INITIAL APPEARANCE
TRANSCRIBED FROM DIGITAL AUDIO RECORDING
BEFORE THE HONORABLE JACQUELINE BECERRA
UNITED STATES MAGISTRATE JUDGE
APPEARANCES:
FOR THE PLAINTIFF(S): ELIZABETH YOUNG, ESQ.
UNITED STATES ATTORNEY'S OFFICE
99 NE 4th Street
Miami, FL 33132
305-961-9001
elizabeth.young@usdoj.gov
FOR THE DEFENDANT(S): DANIEL ECARIUS, ESQ.
OFFICE OF FEDERAL PUBLIC DEFENDER
150 West Flagler Street
Miami, Florida 33130
305-536-6900
daniel_ecarius@fd.org
TRANSCRIBED BY: Joanne Mancari, RPR, CRR, CSR
Court Reporter
jemancari@gmail.com
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Thereupon,
the following proceedings were held:
THE COURT: We have got one case on the calendar
today. There is an order unsealing the indictment. I have
signed that. The case is United States v. Andrè Lorquet, 22
Cr. 20326, Moore.
Will counsel state their appearances, please.
MS. YOUNG: Elizabeth Young on behalf of the United
States, standing in for Jonathan Bailyn.
THE COURT: All right. Good afternoon, sir.
THE DEFENDANT: Good afternoon, ma'am.
THE COURT: So let me tell you what you are here for
today and what is going to happen in today's hearing. OK.
THE DEFENDANT: Yes, ma'am.
THE COURT: As you can see, you are the only person
doing an initial appearance today. That is pretty rare.
Usually we have got a half a dozen or more people here waiting
for an initial appearance.
You are before the court because the United States has
filed criminal charges against you. You have been indicted by
a grand jury here in the Southern District of Florida. So when
that happens and you are placed under arrest, you are entitled
to this hearing. It is called your initial appearance.
At this hearing I am going to advise you of what your
rights are, I am going to tell you what the charge against you
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is, what the maximum penalty for that charge is, and we are
going to figure out -- I don't know that we are giving you a
bond today. I am going to ask the government what bond they
recommend and, depending on what bond they recommend, you may
or may not get a bond today. They may recommend that you get
no bond. If they recommend that you get no bond, we might have
to have a bond hearing today or we might have to get a
continuance of that because they are entitled to time to
prepare. OK.
So, first of all, you are entitled to a lawyer. All
right. Your criminal case cannot proceed without a lawyer
because you have a right to counsel. When you can't afford a
lawyer, I can appoint one for you. All right. In order for me
to appoint a lawyer for you, though, I have to find that you
can't afford a lawyer yourself. If I find that you can't
afford a lawyer yourself, then I will appoint one for you.
If you can afford a lawyer, then I will give you time
to find that lawyer. All right.
You have a right to remain silent. Anything you say
can be held against you. If you have already spoken to law
enforcement, you are under no obligation to continue making
statements. If you decide later to speak to law enforcement,
you can do that, but you can also stop at any time. You also
have a right to have a lawyer present.
Before I go on to tell you what the charges are and go
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on to discuss the bond, let me ask you about the situation with
a lawyer. Can you afford a lawyer, sir?
THE DEFENDANT: No, ma'am.
THE COURT: All right. I am looking at your Pretrial
Services report. Your Pretrial Services report, at least you
told Pretrial Services that you have a number of assets,
including two Teslas, a motorcycle, a Lamborghini, and a jet
ski.
THE DEFENDANT: Yes, ma'am.
THE COURT: So are those things that you own, you
lease? I need to to know what assets you have in the world.
THE DEFENDANT: I own, ma'am. My business owns it.
THE COURT: All right. Who owns your business?
THE DEFENDANT: Me, ma'am.
THE COURT: Then you own it. If you own the business
and these are assets that you have -- I mean, do you have
business partners or are you the only person in your business?
THE DEFENDANT: The only person, ma'am.
THE COURT: All right. So this is the issue. In
order for me -- by the way, you have two Rolex watches, right.
In order for me to appoint counsel for you that is
paid by the citizens of this community, I have to find that you
can't afford a lawyer.
I am looking here that you told Pretrial Services that
you have assets in excess of $300,000.
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THE DEFENDANT: They're not 300, but yes, ma'am.
THE COURT: Well, you told them you have a Tesla that
is 70,000, another Tesla that is 70,000, a Lamborghini worth
100,000.
Is that a fair assessment of what those are worth?
THE DEFENDANT: Yes, ma'am.
THE COURT: All right. So how is it that you wouldn't
be able to afford a lawyer?
THE DEFENDANT: Those are for business use. I don't
have any money, ma'am.
THE COURT: I know, but you could sell things. I
think the issue is that you have got a $70,000 Tesla, you might
want to sell it and get yourself a lawyer. That is how the law
works.
THE DEFENDANT: True, but you guys impounded one.
THE COURT: Well, let me hear from the government. Do
you know what the state of his assets are?
MS. YOUNG: Your Honor, I am not aware -- this is a
PPP loan fraud case where he fraudulently got about a $3.5
million PPP loan. That money, as is often the case, was simply
withdrawn and the government doesn't really know where that
money is at this point, unfortunately. So I do think it sort
of shows that he does have potentially access to quite a large
sum of money depending on what he did with that PPP funds that
we cannot see from the bank accounts.
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THE COURT: What is going to be the government's
position on a bond?
MS. YOUNG: Your Honor, I think that we could -- we
have a basis for detention based on a risk of flight. Among
other things, unaccounted for is money. He has some foreign
ties, some foreign travel. It is problematic he doesn't have
an address on record with David. Even his own mother doesn't
know his address.
So I think we have a basis to move for detention based
on risk of flight; however, I would like to try to work out a
bond. I began to try to talk to the Public Defender about it,
if he is appointed, and I'm not sure based on the asset issue
that he will be. We certainly could attempt to fashion a bond
here.
THE COURT: What I would be inclined to do, and let me
hear from the Public Defender's Office on this because I
haven't had occasion to do this before, I don't mind appointing
the Public Defender for the limited purpose of helping him work
out a bond and then set it for a report re counsel in a week or
two.
I am looking at someone who has assets in the hundreds
of thousands of dollars and who committed a $3 million fraud,
according to the government. I'm not sure he qualifies for the
appointment of counsel.
With that said, if he can work out a bond, I don't
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want him to sit in jail while a lawyer helps him do that.
Can the PD accept the limited appointment just for
purposes of a bond?
MR. ECARIUS: We can accept it. I think we can. We
will have to take it as a regular appointment, but with the
idea that if he hires someone that appointment would end.
THE COURT: OK. This is what I will do then. I am
going to appoint the Public Defender's Service to represent you
today.
THE DEFENDANT: Thank you.
THE COURT: I am going to give the United States
Attorney's Office a week, right --
MS. YOUNG: OK.
THE COURT: -- to make a motion.
MS. YOUNG: Sure.
THE COURT: That gives you some time for Mr. Bailyn to
look at the file. The government can always make the motion
that you don't qualify for the appointment of counsel because
of the asset issue, and if they do, then that can be heard by
the judge at that point.
This is the issue. People who get lawyers here are
people who can't afford them. I'm looking at your assets. You
can afford a lawyer.
THE DEFENDANT: All right, ma'am.
THE COURT: I'm telling you, you have a $70,000 Tesla,
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you are going to need to sell it is what is going to have to
happen here.
THE DEFENDANT: Ma'am --
THE COURT: Now if the government impounded your
stuff, then that is a different situation.
THE DEFENDANT: They did.
THE COURT: I don't exactly know right now what
they've impounded. We are here at the initial appearance. The
government isn't quite sure what you have access to or not. I
am going to give them a week to work it out. Maybe they don't
file any motion. Maybe they figure out, you know what, this
money's already gone, he doesn't have any money. But if they
think that you've got money for a lawyer, they will file a
motion that says that the appointment of counsel was
improper --
THE DEFENDANT: And I can prove where the money went.
THE COURT: -- and I'm giving them a week -- well, you
don't want to say anything else because anything you say can be
used against you. So don't say a word. This is why I gave you
a lawyer.
THE DEFENDANT: Yes, ma'am.
THE COURT: Because I don't want you to be working out
the bond without a lawyer.
All right. So the charge against you, sir -- and
again, as I mentioned, you were indicted by a grand jury. You
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were indicted in connection with a fraud on PPE loans.
You are charged in Counts One, Two, Three, and Four
with wire fraud. It is a 20-year term of imprisonment for each
of those counts.
Counts Five, Six, Seven, and Eight charge you with
money laundering. It is ten-year imprisonment each count.
Count Nine is aggravated identity theft. That is a
two-year term mandatory. Like it is just two years, you can't
get any more, any less, and that runs consecutive to any other
sentence. So if you were found guilty of any of these other
counts and, let's say, got five years from the judge, you would
have to do two more for the aggravated identity theft.
Do you understand that is the charge and the maximum
penalty against you?
THE DEFENDANT: Yes, ma'am.
THE COURT: OK. Let me hear what the government's
position on bond is.
MS. YOUNG: Your Honor, I was going to ask until
Thursday to set this for a detention hearing to give us a
moment to discuss a potential bond here. I don't know if that
would work with Public Defender. I am also happy if we have a
few moments, if you could indulge us, just to quickly have a
conversation about a possible bond.
THE COURT: Why don't you take the time now.
Obviously nobody is waiting, so go ahead.
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MS. YOUNG: Thank you, your Honor.
MR. ECARIUS: Thank you.
(Recess)
THE COURT: All right. Do we have an agreement on the
bond?
MS. YOUNG: We do, your Honor.
THE COURT: OK. What is it?
MS. YOUNG: OK, Judge. What we came to an agreement
on was a $250,000 personal surety bond that would be cosigned
by the defendant's mother. Her name is Vivian, V-I-V-I-A-N,
Lorquet, L-O-R-Q-U-E-T. It would also be backed by her home
that has about $300,000 in equity.
Do you have the address for her home?
(Pause)
MS. YOUNG: So, Judge, the address of his mother's
home is 7849 Whispering Palms Drive, No. 202. That's Boynton
Beach 33437.
We would also have a $20,000 10 percent bond with
Nebbia conditions. In addition, the standard conditions of
surrendering passports, not obtaining new travel documents,
report to Pretrial Services as directed, maintain or seek
full-time employment, no contact with victims except through
counsel, no firearms.
She is not to encumber her property.
He may not visit transportation establishments, and we
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would also ask for a no new debt restrictions so that he
doesn't take out any other debt or loans.
THE COURT: Did you say there was an employment
restriction? No, right?
MS. YOUNG: No, we don't have an employment
restriction.
THE COURT: What is going to happen with the 10
percent? Is he going to be able to pay the 10 percent today.
MRS. LORQUET: Yes, your Honor, I'll pay.
MR. ECARIUS: Yes, your Honor. His mother says so.
THE COURT: Is the government going to accept that
Nebbia? Because it's got a Nebbia.
MS. YOUNG: Yes. I think based on the representations
it had nothing to do with the PPP loan fraud, so that Nebbia
would be met. It is from her money.
THE COURT: All right. So that has to be paid in the
court registry today. He can't be released until that's paid,
right. So does she have time to go pay it?
THE DEPUTY CLERK: Yes. They close at 4:30.
THE COURT: All right.
MR. ECARIUS: Yes, Judge.
THE COURT: So it will be a $250,000 personal surety
bond signed by the defendant and his mother. The personal
surety bond will be collateralized by the home at 7849
Whispering Palms Drive in Boynton Beach -- that is his mother's
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home -- No. 202.
There will be a $20,000 10 percent bond with a Nebbia.
The government has represented that the Nebbia will be met
because it will be the mother putting the money in the court
registry today.
You are to surrender all passports and travel
documents to Pretrial Services. You are to report to Pretrial
Services as they direct you. You are to maintain and seek
full-time employment. You are to avoid contact with any
victims or witnesses of the crime. If it has to do with your
preparation for trial, of course your lawyer will take care of
that.
You must refrain from possessing a firearm. Pretrial
Services notes that you have a concealed weapons permit. You
must surrender the permit and surrender your weapon to Pretrial
Services.
None of the signatories, that means your mom, you
can't take out a mortgage, you can't encumber your property in
any way during the time of the bond.
You cannot visit any commercial travel establishments.
You can't go to the airport, you can't go to the port, you
can't go to the train station. Nothing. All right. You are
prohibited from going to any commercial transportation
establishment.
You are not to seek any debt yourself, sir. So you
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can't get a new debt without permission or any additional debt
without permission of the court.
The United States Attorney's Office will have a week
to file a motion with the court asking for the court to
reconsider its appointment of counsel. It is either going to
go to me or Judge Louis, right, because it is a Judge Moore
case. I will set the bond so you would think it will come to
me, but if it doesn't come to me, I suspect that Judge Moore
would then send it to his paired magistrate, which in this case
is Judge Louis.
If the government doesn't file anything, then I will
assume, then, that the appointment of counsel is proper.
I still have to read the government the Brady
admonition. So let me do that.
As required by Rule 5(f) of the Rules of Criminal
Procedure, the United States is ordered to disclose to the
defendant all exculpatory evidence, that is, evidence that
favors the defendant or casts doubt on the United States case,
as required by Brady v. Maryland and its progeny.
The government has a duty to disclose any evidence
that goes to negating the defendant's guilt, the credibility of
a witness, or that would reduce a potential sentence. The
defendant is entitled to this information without a request.
Not doing so in a timely manner may result in consequences,
including, but not limited to, the exclusion of evidence,
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adverse jury instructions, dismissal of charges, contempt
proceedings, disciplinary action, or sanctions by the court.
I think what I will do is I will reset the date for
arraignment. I typically would have the arraignment today, but
I think we will reset it --
MR. ECARIUS: Judge, we are ready for arraignment
today. I am going to be able to meet with him after.
THE COURT: Right. The problem is if I arraign him
today and the government files a motion next week that says the
appointment from the Public Defender's Office is improper given
his wealth, he won't be any better off, right.
So I think what I will do is if they have a week, they
will have until next Tuesday, what I will do is I will set the
arraignment for next Thursday or next Friday, whatever date is
better for you, sir.
MR. ECARIUS: Thursday should be good.
THE COURT: So why don't I set it for Thursday. If
the government hasn't filed anything, then you are clear for
the arraignment. If it does, then you can either reset the
arraignment or have the hearing before me or before Judge Louis
before Thursday on the issue of the bond.
MS. YOUNG: Great. Thank you, Judge.
THE COURT: I'm sorry. Not on the bond, on the issue
of the appointment of counsel.
Donna, set it for arraignment next Thursday.
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THE DEPUTY CLERK: Judge, what about the Nebbia
stipulation? Are you filling that out as well, Mr. Ecarius?
THE COURT: The assistant United States attorney has
represented on the record that there is no issue with the
Nebbia.
MS. YOUNG: OK.
THE COURT: So I don't think we should have an issue
with the Nebbia then.
THE DEPUTY CLERK: I'm not sure if financial will
take -- I think they need to see the Nebbia, but let me verify
that, the Nebbia form.
THE COURT: Right. You may have to sign the Nebbia
form or if you want to withdraw the Nebbia restriction given
the representation that it is going to be his mother who is
going to depose it the money, whatever your preference is.
MS. YOUNG: That sounds more efficient. We will just
withdraw the Nebbia restriction because I just don't see it
being a problem here.
THE COURT: They are going to withdraw it.
THE DEPUTY CLERK: Never mind.
MS. YOUNG: Thank you, Judge.
THE COURT: All right. You will withdraw and that
will be easier for her to get to the clerk's office and get it
done before the end of the day.
MS. YOUNG: No problem.
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THE COURT: All right. Ms. Young, anything else on
behalf of the United States?
MS. YOUNG: No. Thanks, Judge. Good to see you.
THE COURT: Good to see you.
Mr. Ecarius, anything else on behalf of your client?
MR. ECARIUS: Nothing, your Honor. Thank you.
(Adjourned)
C E R T I F I C A T E
I hereby certify that the foregoing is an accurate
transcription to the best of my ability of the digital audio
recording in the above-entitled matter.
December 19, 2022 s/ Joanne Mancari
Joanne Mancari, RPR, CRR, CSR
Court Reporter
jemancari@gmail.com
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