Exhibit 8 — USA v. Lorquet (Dkt. 89.8)

Summary

Exhibit 8, titled Transcript of Exhibit 2, Document 89-8, entered on the FLSD docket 10/05/2023, in Case 1:22-cr-20326-KMM in the Southern District of Florida, 6 pages long. It contains transcripts of three recorded telephone calls between Lorquet and family callers made over a few days in late January. In the first, he says the plea he just signed must be withdrawn because it is an open plea, meaning the judge decides his sentence. In later calls he says he would rather go to trial than leave the sentence to the judge, and mentions a maximum of 22 years. The callers say the prosecutor was expected to recommend a shorter term.

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Record facts

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 It needs to be withdrawn because it’s an open plea.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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