Defendant's Reply to the Government's Response to Objections — United States of America v. Andre Lorquet

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Defendant Andre Lorquet's Reply to the Government's Response to Objections to the Report and Recommendation to Deny Motion to Withdraw Guilty Plea, Case No. 22-20326-CR-KMM, U.S. District Court for the Southern District of Florida, entered on the docket 01/17/2024 as Document 104. Lorquet maintains that the magistrate judge erred in finding the guilty plea voluntary, saying he was pressured by his lawyer, lacked the close assistance of counsel and was threatened. He argues that the government's agreement to dismiss count 9, aggravated identity theft, after newly discovered Brady evidence that the tax preparer CD was involved in Covid relief fraud, shows it would be unjust to keep that conviction. It is signed s/Henry P. Bell of Bell Rosquete Reyes Esteban, PLLC.

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UNITED STATES DISTRICT COURT  
SOUTHERN DISTRICT OF FLORIDA  
 
CASE NO. 22-20326-CR-KMM 
 
UNITED STATES OF AMERICA,  
 
 
 
 
Plaintiff,  
 
 
 
 
 
 
v.  
 
 
 
 
 
 
 
 
ANDRE LORQUET  
 
 
  
 
 
Defendant. 
_____________________________/ 
DEFENDANT’S REPLT TO THE GOVERNMENT’S RESPONSE TO 
OBJECTIONS TO REPORT AND RECOMMENDATION TO  
DENY MOTION TO WITHDRAW GUILTY PLEA 
 
Defendant, Andre Lorquet, files his reply to the government’s response to his 
objections to the Magistrate Judge’s report and recommendation to deny his motion 
to withdraw his guilty plea.  
In his objections to the Magistrate Judge’s report and recommendation, Mr. 
Lorquet argued that the Magistrate erred in finding that Mr. Lorquet’s motion to 
withdraw his guilty plea should be denied.  That issue is fully briefed and pending 
before the Court. Mr. Lorquet maintains that the Magistrate Judge clearly erred in 
determining Mr. Lorquet voluntarily pled guilty. Mr. Lorquet maintains that the 
record shows that he was pressured to plead guilty by his lawyer, he did not have 
the close assistance of counsel, and was threatened. That Mr. Lorquet could not 
specifically name those who threatened him does not change the fact that it is 
undisputed that there were others involved in the scheme charged in this case and 
Case 1:22-cr-20326-KMM   Document 104   Entered on FLSD Docket 01/17/2024   Page 1 of 3

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that Mr. Lorquet’s testimony about the threats was unrebutted. In sum, for the 
reasons previously set forth, Mr. Lorquet respectfully requests that the Court 
sustain his objection and grant his motion to withdraw his guilty plea. 
Next, is the issue of the newly discovered Brady evidence. In its response, the 
government asserts that the issue is moot because it will dismiss count 9, the 
aggravated identity theft count. That concession speaks volumes. Notwithstanding 
the Magistrate’s findings as to the voluntariness of the change of plea, it would be 
manifestly unfair and unjust for Mr. Lorquet to continue to be subjected to a 
conviction, and ultimately sentenced, for aggravated identity theft. There can be no 
doubt that, had Mr. Lorquet (or anyone in his position) known about the evidence 
showing that CD was involved in Covid relief fraud, he would not have pled guilty 
to count 9. See Defendant’s Objections, ECF 100, at page 4 (citing cases).   
Wherefore, the Defendant Andre Lorquet respectfully requests that the Court 
sustain his objections to the Magistrate Judge’s Report and Recommendation that 
his motion to withdraw his guilty plea be denied.     
 
 
 
 
 
 
 
Case 1:22-cr-20326-KMM   Document 104   Entered on FLSD Docket 01/17/2024   Page 2 of 3

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CERTIFICATE OF SERVICE 
 
I HEREBY CERTIFY that, on January 17, 2023, a true and correct copy of 
the foregoing has been furnished electronically via CMCEF to all counsel of record. 
Respectfully submitted,  
 
BELL ROSQUETE REYES ESTEBAN, PLLC 
Henry P. Bell 
Fla. Bar No. 090689 
999 Ponce De Leon Blvd.  
Suite 810 
Coral Gables, Florida 33134 
Telephone:  (305) 570-1610 
Facsimile:  (305) 570-1599 
Email: 
hbell@bresq.com  
Counsel to Andre Lorquet 
 
By: ____s/Henry P. Bell_____ 
Henry P. Bel 
 
CC: Andre Lorquet – FDC Miami 
Case 1:22-cr-20326-KMM   Document 104   Entered on FLSD Docket 01/17/2024   Page 3 of 3

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