PLEA AGREEMENT as to Andre Lorquet — USA v. Lorquet (Dkt. 45)

Record facts

U.S. District Court for the Southern District of Florida · No. 1:22-cr-20326-KMM · Doc. 45 · 2023-01-24 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CA SE NO. 22-20326-C1:-1œ M
UM TED STATES OF AM ERICA
VS.
ANDRE LORQUET,
D efendant.
. 
/
PLEA AGREEM ENT
The United States Atlorney's Office for the Southem District of Flodda (The ûcoffice''l and
Andre Lorquet (hereinafter referred to as the Gtdefendanf') enter into the following agreement:
1. 
The defendant agrees to plead guilty to Count 7 of the indictment, which charges
the defendant with m oney laundering, in violation of Title 18, United States Code, Section 1957,. . .:
and Count 9 of the indictment, which charges the defendant with aggravated identity theft in
violation of Title 18, United States Code, Section 1028A(a)(1).
This Office agrees to seek dismissal of a1l remaining counts of the indictm ent, as to
this defendant, after sentencing.
The defendant is aware that the sentence will be imposed by the Court after consideriljg. .
'; ;, . pf
the advisory Federal Sentencing Guidelines and Policy Statements (hereinafter Eçsentencing
Guidelines'). The defendant acknowledges and tmderstands that the Com't will compute atl
advisory sentence lm der the Sentencing Guidelines and that the applicable guidelines will be
determ ined by the Coul't relying in part on the results of a pre-sentence investigation by the Coul's
probation office, wllich investigation will comm ence after the guilty plea has been entered. The
Case 1:22-cr-20326-KMM   Document 45   Entered on FLSD Docket 01/24/2023   Page 1 of 7

defendant is also aware that, tmder certain circum stances, the Court m ay depart from the advisory
sentencing guideline range that it has computed, atld m ay raise or lower that advisory sentence
tmder the Sentencing Guidelines. The defendant is further aware and understands that the Court
is required to consider the advisoly gttideline range determined tmder the Sentencing Guidelines,
but is not botmd to impose a sentence within that advisory range; the Court is perm itted to tailor
the ultimate sentence in light of other statutory concerns, and such sentence m ay be either m ore
severe or less severe than the Sentencing Guidelines' advisory range. Knowing these facts, the
defendant understands and acknowledges that the Court has the authority to impose any sentence
witllin and up to the statutory maximum authorized by law for the offensets) identified in
paragraph 1 and that the defendant may not withdraw the plea solely as a result of the sentence
imposed.
4. The defendant understands and acknowledges that the Court may impose a maximtlm
term of impdsonm ent of up to 10 years, followed by a tenn of supervised release of up to
3 years, for Cotmt 1. In addition to a tenn of imprisonm ent and supetwised release, the Court m ay
impose a fine of up 'to $250,000 for Cotmt 1, and may order forfeiture and restitm ion. The
defendant also Im derstands and acknowledges that the Court must im pose a term of imprisonment
of 2 years for Count 9, which m ust run consecutively to any other term  of imprisonment. In
addition, the Court m ay impose up to 1 year of supervised release for Count 9 and a fine of up to
$250,000.
5. The defendant further understands arld aclcnowledges that, in addition to any sentence
imposed tmder paragraph 4 of this agreement, a specialassessment in the nmount of $200
will be imposed on the defendant. The defendant agrees that any special assessm ent imposed
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shall be paid at the time of senteneing. If a defendant is financially unable to pay the special
assessm ent, the defendant agrees to present evidence to this Office and the Court at the tim e of
sentencing as to the reasons for the defendant's failure to pay.
6. This Office reserves the right to inform the Court and the probation office of a11 facts
pelinent to the sentencing process, including a11 relevant information concerning the offenses
comm itted, whether charged or not, as well as concem ing the defendant and the defendant's
background. Subject only to the express terms of any agreed-upon sentencing recommendations
contained in this agreem ent, this Office further reselves the right to m ake any recomm endation as
to the quality and quantity of punishm ent.
7. The defendant is aware that the sentence has not yet been determined by the Court.
The defendant also is aware that any estimate of the
robable sentencing range or sentence that
P
the defendant m ay receive, Fhether that estim ate com es from the defendant's attorney, this Office,
or the probation office, is a prediction, not a prom ise, and is not binding on this Office, the
probation office or the Court. The defendant understands further that any reeomm endation that
this Office makes to the Court as to sentencing, whether ptlrsuant to this agreem ent or otherwise,
is not binding on the Court and the Court may disregard the recom mendation in its entirety. The
defendant understands and acknowledges, as previously acknowledged in paragraph 3 above, that
the defendant may not withdraw his plea based upon the Court's decision not to accept a sentencing
recommendation made by the defendant, this Office, or a recommendation made jointly by the
defendant and this Oftice.
8. This Office agrees that it will reiommend at sentencing that the Court reduce by two
levels the sentencing guideline level applicable to the defeùdant's offense, ptlrsuant to Section
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3E1.1(a) of the Sentencing Guidelines, based upon the defendant's recognition and affirmative
and timely acceptance of personal responsibility. This Office, however, will not be required to
make this motion and this recommendation if the defendant: (1) fails or refuses to matce a 111,
acctzrate and complete disclosure to the probation office (?f the circum stances surrounding the
relevant offense conduct; (2) is found to have misrepresented facts to the govemment prior to
entering into this plea agreement; or (3) commits any misconduct after entering into this plea
agreem ent, including but not lim ited to com mitting a state or federal offense, violating any term
of release, or making false statem ents or misrepresentations to any governm ental entity or official.
9. The defendant is aware that Title 28, United States Code, Section 1291 and Title 18,
United States Code, Section 3742 afford the defendant the right to appeal the sentence imposed in
tltis case. Acknowledging this, in exchange for the tmdertaldngs m ade by the United States in
this plea agreem ent, the defendant hereby waives a11 rights conferred by Sections 1291 and 3742
to appeal any sentence imposed, including any restitution order, or to appeal the mnnner in wllich
the sentence was imposed, tmless the sentence exceeds the m axim tzm perm itted by statute or is the
result of an upward departure and/or an upward varimwe from the advisory guideline range that
the Court establishes at sentencing. The defendant further tmderstands that nothing in this
agreem ent shall affect the government's right and/or duty to appeal as set forth in Title 18, United
States Code, Section 3742(b) and Title 28, United States Code, Section 1291. Howevez, if the
United States appeals the defendant's sentence pttrsuant to Sections 3742(17) and 1291, the
defendant shall be released from the above waiver of his right to appeal llis sentence.
10. The defendant further hereby waives a11 rights conferred by Title 28, United States
Code, Section 1291 to assert any claim that (1) the statutets) to wllich the defendant is pleading
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guilty is/are tmconstitmional; and/or (2) the admitted conduct does not fall within the scope of the
. statmets) of conviction.
By signing this agreem ent, the defendant. acknowledges that the defendant has
discussed the appeal waiver set forth in this agreem ent with the defendant's attorney. The
defendant farther agrees, together with this Office, to request that the Court enter a specific finding
that the defendant's waiver of his right to appeal the sentence imposed in this case and his right to
appeal his conviction in the m nnner described above was knowing and voltmtary.
12. The defendant agrees, in an individual and any other capacity, to forfeit to the United
States, voluntarily and imm ediately, any right, title, and interest to any property, real or personal,
involved in the violation of 18 U.S.C. j 1957 and any property traceable to suchproperty, pursuant
to 18 U.S.C.j 982(a)(1). In addition, the defendant agrees to forfeitute of substitme property
pursuant to 21 U.S.C.j 853û$. The property subject to forfeiture includes, but is not limited to:
a.
which sum represents the value of the property subject to forfeiture;
b. 
directly forfeitable property to be applièd towards satisfaction of the
forfeiture money judgment, including but not limited to, approximately $92,000 in
Bnnk of Am erica account htmlber 8981 0729 7999 in the nnm e of The B M urray
Group LLC; and
c. 
substimte property to be applied towards satisfaction of the forfeittlre
a forfeiture money judgment in the sum of $329,195 in U.S. currency,
money judgment, including but not limited to:
One (1) 2022 Tesla Plaid, VlN# 5YJSA1E66NF460071; and
Case 1:22-cr-20326-KMM   Document 45   Entered on FLSD Docket 01/24/2023   Page 5 of 7

Approximately $ 100,358.73 in insurance proceeds for one (1) 2019
Porsche Panamera GTS, VlN# W 170AG2A77K1,139387.
13. The defendant further agrees that forfeiture is independent of mly assessment, fine,
cost, restitm ion, or penalty that m ay be imposed by the Court. The defendant knowingly an.d
voltmtarily agrees to waive a11 constitutional, legal, and equitable defenses to the forfeiture,
including excessive fines under the Eighth Amendment to the United States Constitmion. ln
addition, the defendant agrees to wgive: any applicable time limits for admirlistrative or judicial
forfeiture proceedings, the requirements of Fed. R. Crim. P. 32.2 and 43(a), anci any appeal of the
forfeiture.
14. The defendant also agrees to f'ully and truthflllly disclose the existence, nattlre and
location of a1l assets in which defendant has or had any direct or indirect Enancial interest or
control, and any assets involved in the offenses of conviction. The defendant agrees to take a11
steps requested by the United States for the recovery and forfeiture of al1 assets identified by the
United States as subject to forfeiture. This includes, but is not limited to, the timely delivery upon
request of all necessary and appropdate doclzm entation to deliver good alld m arketable title,
consenting to all orders of forfeiture, and not contesting or impeding in any way with any crim inal,
civil or adm inistrative forfeiture proceeding concenling the forfeiture.
15. 
J.n the event the defendant withdraws f'rom this agreement before or after pleading
guilty to the charges identifed in paragraph two above, or should the Office, in its sole discretion,
detennine that the defendant has failed to fully comply with any of the term s of this plea agreem ent,
the Office will be released from its obligations under tllis agreem ent, and the defendant agrees and
understands that the defendant has adopted the entire factual basis as the defendant's statem ents,
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and the defendant has stipulated to the adm issibility of the Factual Proffer in any case brought by
the United States.
16. This is the entire agreement and understanding letween this Office and the defendant.
There are no other agreem ents, promises, representations, or understandings.
M ARKENZY LAPOW TE
UNITED STATES ATTORNEY
! ss .az
Date:
f
..z / 13
oate: /
U
By:
O ATHAN BAILYN
(
SIST 
T UNITED STATES ATTORNEY
x
-'
By:
ZELJK A BOZANIC
ATTORNEY FOR DEFENDANT
x 
' 
.
By:
ANDRE LORQUET
DEFENDANT
// z4/e3
Date:
Case 1:22-cr-20326-KMM   Document 45   Entered on FLSD Docket 01/24/2023   Page 7 of 7

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