Court filing
Exhibit 8 — USA v. Lorquet (Dkt. 89.8)
Filed October 5, 2023 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 | 2023-10-05 |
U.S. District Court for the Southern District of Florida · No. 1:22-cr-20326-KMM · Doc. 89-8 · 2023-10-05 · Docket on CourtListener
Full text
EXHIBIT 8 TRANSCRIPT OF EXHIBIT 2 File Name: 07721506_Jan_24_2023_17_04_17_PM_5615412311.wav Start Time: 01:35 CALLER: How you doing? LORQUET: Alright. The plea I just signed. It needs to be withdrawn because it’s an open plea. CALLER: What is an open plea? LORQUET: Open plea that means the judge decided how many years he’s going to give me. And I asked her that in court today. CALLER: I thought you were doing the other one. LORQUET: No that’s what you need to talk to her about it. I need to withdraw it if it’s open. I didn’t even know I was going to court today. CALLER: Oh, you didn’t know? LORQUET: No. No. CALLER: She told me since Friday. LORQUET: No. She didn’t tell me anything. She came over here on a Monday or Tuesday, did not tell me when the court date was. She said she told you. CALLER: She told me Friday. LORQUET: Friday she was supposed to come over here and tell me this. CALLER: She text me on Friday. What you mean by open plea? That’s not the same plea that we did before? LORQUET: No. An open plea is when the judge decides what’s my sentence. CALLER: That’s not the plea that we spoke about? LORQUET: Not the first no. CALLER: I don’t understand. She says she’s meeting with the prosecutor tomorrow. LORQUET: It’s not supposed to be an open plea. It’s supposed to be a closed plea. CALLER: I don’t understand the closed and open. LORQUET: An open plea, that means the judge decides. CALLER: Of course the judge– LORQUET: No, it’s special. A closed plea that means the prosecutor and the lawyer agreed on something. CALLER: That’s what we talked about. LORQUET: No, again this an open plea. That means the judge decides everything. The prosecutor was supposed to have it closed. CALLER: Ok, I’ll talk to her, but I just spoke to her, and she didn’t tell me that. I’ll call her in the morning. LORQUET: Call her now please. Case 1:22-cr-20326-KMM Document 89-8 Entered on FLSD Docket 10/05/2023 Page 1 of 6 -2- TRANSCRIPT OF EXHIBIT 3 File Name: 07721506_Jan_26_2023_10_46_26_AM_7866378784.wav Start Time: 6:40 CALLER: I did tell [Ber]nard. Whatever’s going on. He told me you took a plea for five years and you have to do three years. LORQUET: Yeah, well it’s on the judges. I just found that out. It’s on the judge. He can go over it or under it. The judge is what gets the actual sentence. I rather just take it to court. I rather just take it to trial if that’s the case that the judge has the last call on the plea then I’ll take it court. I have a better chance of winning. CALLER: If you take it to court, can you get more time if you don’t win? LORQUET: Yeah. The max is 22 years. CALLER: That’s too much. I mean Miami, look, I know there’s no easy to say like go to jail cause you know I did five years but three years is better than 22. LORQUET: Yeah, but they won’t give me the max because it’s my first time ever getting in trouble. CALLER: So why you can’t just take the plea so you can just be out in a year so? LORQUET: Yeah, again, but how the plea works, I just found this out, I didn’t know this, the judge still decides how many years he gonna give you. CALLER: Right. LORQUET: So this man’s life is in my hands. CALLER: I understand. Is he mean? LORQUET: Yes. He’s the worst one. They call him Max Moore. He gives the maximum to every person. He wants to give people a million years before he’s retired. CALLER: Ah, nah, you need to try to get away from his ass. LORQUET: Man, well you tell it. People cry about him. Case 1:22-cr-20326-KMM Document 89-8 Entered on FLSD Docket 10/05/2023 Page 2 of 6 -3- TRANSCRIPT OF EXHIBIT 4 File Name: 07721506_Jan_29_2023_19_52_51_PM_5615412311.wav Start Time: 02:40 LORQUET: But I was telling you, the plea, the judge still decides how many years to give you. CALLER: It’s not the judge. The prosecutor’s gonna recommend. LORQUET: Recommend, but again it goes by what the judge wants to give. CALLER: It’s gonna be like 2 years. That’s what she said. I spoke to her about that. LORQUET: I’d rather withdraw it and I could beat the two charges on there and I’d still get two years, mom. CALLER: But she said it doesn’t go that way. That’s what she said. LORQUET: It still goes by the guidelines, by the First Act. I just read the law book. I still get the First Law Act, the first time ever getting in trouble. CALLER: I don’t know, but that’s what she said, I don’t know. LORQUET: I need her to come see me. CALLER: So why don’t you call her? LORQUET: I have to call her on Monday morning. Case 1:22-cr-20326-KMM Document 89-8 Entered on FLSD Docket 10/05/2023 Page 3 of 6 -4- TRANSCRIPT OF EXHIBIT 5 File Name: 07721506_Feb_01_2023_13_29_20_PM_5617074532.wav Start Time: 01:40 CALLER: Did your lawyer call you? LORQUET: She came to see me. CALLER: Ok, what did she say? LORQUET: She was saying about the plea deal and if I take it to trial. What’s the difference, they’ll still go by the guidelines and the points. So, at the end of the day it’s still the judge’s call. CALLER: What are you going to do? LORQUET: I’m still thinking I’m gonna withdraw the plea and take it to trial. I’ll make my decision by tomorrow. CALLER: You’re gonna make your decision? LORQUET: By tomorrow. Case 1:22-cr-20326-KMM Document 89-8 Entered on FLSD Docket 10/05/2023 Page 4 of 6 -5- TRANSCRIPT OF EXHIBIT 6 File Name: 07721506_Feb_11_2023_19_27_18_PM_7866378784.wav Start Time: 03:40 CALLER: [Ber]nard told me that you would fight your case. I don’t know why [inadible] LORQUET: I do, I need to take it. Cause listen, somebody else went through the same thing and they gave him less than a year, and he took it to trial. CALLER: But Miami, what it can go wrong, that’s too long. LORQUET: Baby girl, right now I signed an open plea. The judge can still make his decision. Even when I go to trial, he still gotta make his decision but he still gotta go by the guidelines. And I can beat two cases – two charges off. CALLER: Ok, so what’s you can longest you can stay there and what’s the shortest? LORQUET: The longest would be a two year minimum. If I beat the charges that I need to beat, it’s only two years that you have to do. If I beat that one the other two charges don’t have no mandatory. I need to beat the charge that has the mandatory. CALLER: So, is your lawyer confident? LORQUET: No, she’s no confident. She’s believing in them. Believing the damn prosecutor. Case 1:22-cr-20326-KMM Document 89-8 Entered on FLSD Docket 10/05/2023 Page 5 of 6 -6- TRANSCRIPT OF EXHIBIT 7 File Name: 07721506_Feb_12_2023_17_20_58_PM_5615412311.wav Start Time: 05:19 CALLER: It’s a lot of money and then you spent the money . . . . You spent all the money. I mean, they are you going to find you guilty for the other one, they are going to find you guilty for the wire fraud. LORQUET: But that’s ok. CALLER: But they’re telling 20 years LORQUET: No mom, but it’s not mandatory. Mandatory means you have to do those years in prison. CALLER: But the other two are 20 years. LORQUET: No, but it’s not mandatory. I could get house arrest [cross talk] I’m not gonna get 20 years because it has to go by the guidelines. It’s my first time ever getting in trouble. CALLER: Oh my god, you’re gonna go to trial. LORQUET: Yes, but you’re not listening. Listen to what I’m saying. Hear this. At the end of the day everything goes by the guidelines. The guidelines that I fall in the First Time Act. The First Time Act is they can’t go by the 20 years. They have to go at the level that I’m at. CALLER: Ok, what level you at? LORQUET: In the guidelines, in the level First Time Act, I’m in the level 20. CALLER: What is this? LORQUET: Level 20. CALLER: What’s level 20? LORQUET: You have to look at the book. Look up a book called Busted By The Feds. The same book that she reads is the same book you get on Amazon. There’s levels. Trump put a thing called the First Time Act. If it’s ever your first time getting in trouble you do the less time. He has to go by the guidelines. CALLER: So what is the less time for that? LORQUET: The same person that just got out of jail. He did one year. He just got out of jail two days ago. And he took 24 million. CALLER: He did one year? LORQUET: One year. His name is Blue Smith. He’s a rapper. It was all over the radio news when he got out of jail two days ago. He just got out, mom. CALLER: Did you talk to the attorney? LORQUET: [inaudible] I’m a call her on Monday. Another person in here took it to trial and he’s doing less than a year. And he has more than me. CALLER: What? LORQUET: He has more charge than me. He’s doing less than a year. CALLER: You already pled guilty. LORQUET: I’ve been playing with [cuts out]. Case 1:22-cr-20326-KMM Document 89-8 Entered on FLSD Docket 10/05/2023 Page 6 of 6
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