Court filing
Transcript of Sentencing as to Andre Lorquet held on March — USA v. Lorquet (Dkt. 147, S.D. Fla.)
Filed September 9, 2024 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 | 2024-09-09 |
U.S. District Court for the Southern District of Florida · No. 1:22-cr-20326-KMM · Doc. 147 · 2024-09-09 · Docket on CourtListener
Full text
Office No.: (305)523-3634 E-mail: Quanincia_hill@flsd.uscourts.gov
Stenographically Reported By:
Quanincia S. Hill, RPR
Federal Official Court Reporter
400 North Miami Avenue
Miami, Florida 33128
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
CASE NO. 22-CR-20326-KMM-1
UNITED STATES OF AMERICA,
PLAINTIFF,
VS.
ANDRE LORQUET,
DEFENDANT.
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VOLUME I OF I
PAGES: 1 - 34
DATE OF PROCEEDINGS:
MARCH 7, 2024
COURTROOM #13-1
WILKIE D. FERGUSON, JR.
U.S. COURTHOUSE
TRANSCRIPT OF SENTENCING PROCEEDINGS
BEFORE THE HONORABLE K. MICHAEL MOORE,
UNITED STATES DISTRICT JUDGE,
AT 400 NORTH MIAMI AVENUE,
MIAMI, FLORIDA 33128.
APPEARANCES
FOR THE GOVERNMENT:
JONATHAN BAILYN, ESQ.
UNITED STATES ATTORNEY'S OFFICE
99 NE 4TH STREET
MIAMI, FLORIDA 33132
FOR THE DEFENDANT(S):
HENRY PHILIP BELL, ESQ.
BELL, ROSQUETE, REYES, PLLC
999 PONCE DE LEON BOULEVARD
SUITE 1120
CORAL GABLES, FLORIDA 33134
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INDEX TO WITNESSES
WITNESS
PAGE
ASHLEY OLSON
Direct Examination by AUSA Bailyn
10
Cross-Examination by Defense Attorney Bell
13
- - -
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INDEX TO EXHIBITS
Government's
Exhibit
Description
Page
1
A compilation of photographs and
receipts.
13
3
A spreadsheet documenting PPP loans.
13
- - -
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(Proceedings commencing at 2:36 p.m.)
THE COURTROOM DEPUTY: Calling case 22CR20326, The
United States of America vs. Andre Lorquet.
Counsel, please state your appearances, beginning with
the Government.
AUSA BAILYN: Good afternoon, Your Honor.
Assistant United States Attorney Jonathan Bailyn on
behalf of the United States. I'm joined at counsel table
with Special Agent Ashley Olson of Homeland Security
Investigations.
THE COURT: Good afternoon.
DEFENSE ATTORNEY BELL: Hello, Judge. Henry Bell on
behalf of the defendant, Andre Lorquet, excuse me, who's in
court, to my right.
THE COURT: Good afternoon to both of you.
Okay. So where do you want to begin, Mr. Bell?
DEFENSE ATTORNEY BELL: Well, Judge, I think pursuant
to the addendum filed by Probation in the PSI, the applicable
guideline range is 57 to 71 months.
THE COURT: Right.
DEFENSE ATTORNEY BELL: And we're asking for a
sentence -- or I'm advocating for a sentence of 57 months.
THE COURT: Okay. Does the Government have any
objection?
AUSA BAILYN: Yes, Your Honor. I'd like the
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opportunity to introduce briefly just a couple of exhibits.
THE COURT: Okay.
AUSA BAILYN: But the Government will be asking for a
sentence at the high end of the guidelines.
THE COURT: Okay. So we have a different --
disagreement as to the sentence to be imposed, but -- and
we'll take them up.
But the record now stands that we have addressed the
motion to withdraw the change of plea. That was handled by
the magistrate judge.
We've adopted the report and recommendation, I believe,
on February 9th, 2024, at Docket Entry No. 106.
And there was also an issue of newly discovered
evidence, I think it was, as I recall, that affected Count 9
of the indictment. And the Government has agreed to dismiss
that count, so I guess that did change the guideline range.
Is that correct?
AUSA BAILYN: That's correct, Your Honor.
THE COURT: So are we up to speed procedurally where we
are in the case, then? Have we addressed all of the other
issues other than the sentencing?
DEFENSE ATTORNEY BELL: So, Judge, I agree with your
procedural recitation, if you will. That's where we are. I
wasn't -- I didn't bring up the motion to withdraw because
you've already ruled.
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THE COURT: Right.
DEFENSE ATTORNEY BELL: And beyond saying, "Hey, the
record's there," I'll ask that it be preserved, and that's
it.
THE COURT: Okay. All right. So -- all right. So I
guess the next point, then, is to address Mr. Lorquet and
give him the opportunity to say anything he wants to say on
his own behalf before sentence is imposed.
DEFENSE ATTORNEY BELL: May we have a moment?
THE COURT: All right.
(Discussion off the record.)
THE DEFENDANT: Honorable Judge Moore, I'm sorry to the
people, the Messiah, the Master, the Mighty, the Father and
the Son and the Holy Spirit.
THE COURT: Thank you, sir.
Anything else on his behalf?
DEFENSE ATTORNEY BELL: Yes, Judge, if I may, briefly.
I don't want to take up too much of the Court's time, but I
would like to advocate for the 57-month sentence, Your Honor.
The reason why the guidelines are now 57 to 71 months
instead of 70 to 87, where they were before, is because of
the application of 4C1.1, which was enacted in November.
And if you will recall, when we were here at sentencing
before, we litigated the issue of whether he should be
obstructed -- get the obstruction-of-justice enhancement.
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And you stripped him of the reduction for acceptance of
responsibility.
And I don't bring those up to litigate them again.
That's not my point. It's only to point out and emphasize
that Mr. Lorquet's paying a heavy price, if you will, for the
conduct that gave rise to those findings by the Court, which
is that he had gone out and obtained his passport card.
The obtaining that passport card has now cost him, if
you will, four or five levels on the guidelines: two on the
obstruction finding by the Court, and two or three on the
acceptance finding, depending on whether he would have
obtained the so-called third point under 3E1.1 of the
guidelines.
That's substantial here. I mean, if it were five
levels, he'd be at 30 to 37 months rather than 57 to 71, and
if it were four, he'd be at 37 to 46, all of which is to say
that those findings, based on obtaining the passport card,
caused him to pay a heavy price. And I should note that as
it relates to acceptance, that despite having pled "guilty"
after -- after engaging in that conduct.
The second thing I'd like to point out, Your Honor,
that I think weighs in his favor in terms of asking for a
low-end sentence is that, again, under the 3553 factors, and
looking at the history and characteristics of the defendant,
and really looking beyond the offense conduct and looking at
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the totality of the person, I draw the Court's attention to
some of the letters that were written on his behalf.
There are some positive things that I think the Court
should take into account. So looking at Document Entry
No. 59-1, which is a letter by his mother, she points out,
Your Honor, if Andre's incarcerated, his two-year-old son's
life will be devastated and can be essentially -- in other
words, she's pointing out that there is a minor child that
will be adversely impacted here. I think that is something
that you should take into account, and that weighs in favor
of a low-end sentence.
And then if you read at Docket Entry 59.91, also,
there's another accompanying letter there by Ms. Cowles,
who's his partner of 17 years. And, Judge, she also had some
things to say about the defendant that I think you should
take into account.
That notwithstanding the offense conduct, which we
recognize is serious, and which we recognize is going to
result in a prison sentence here today, she wrote the
following about the defendant that I think you should take
into account.
She says, "I've known Andre as his girlfriend for over
17 years, and in that time, I have seen many aspects of his
personality." She goes on to write, basically, "He's
thoughtful, he actually listens, and he truly cares. I've
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always found Andre to be extremely kind, dependable, giving,
well regarded amongst his friends and family, and
trustworthy, sometimes a little too trustworthy and a bit
gullible."
She goes on to write about him that, "My sister was not
a good parent, and Andre supported me 100 percent when I took
guardianship of my niece and nephew, who both have severe
chronic illnesses and whom we have raised together for the
last seven years."
And then the last thing I'd like to point out in her
letter, which I think brings home the point that I'm trying
to make in simple lay terms is, Your Honor, my sincerest hope
is that the transgression of fraud, which, again, we
stipulate is serious, is not the only factor that you look at
in this case, that you take into account some of these
positive characteristics about the defendant.
And based on all of those facts, we respectfully
request a sentence of 57 months.
THE COURT: Thank you.
Anything from the Government?
AUSA BAILYN: Your Honor, before I make an argument,
I'd like the opportunity to introduce a couple of exhibits
through Special Agent Ashley Olson.
THE COURT: Okay.
AUSA BAILYN: May I call her to the stand, Your Honor?
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THE COURT: All right.
THE COURTROOM DEPUTY: If you could please raise your
right hand.
ASHLEY OLSON,
having been first duly sworn, was examined and testified as
follows:
THE WITNESS: Yes, I do.
THE COURTROOM DEPUTY: Please take a seat.
And if you would, please state your name and spell it
for the record.
THE WITNESS: Ashley Olson, A-s-h-l-e-y, last name,
Olson, O-l-s-o-n.
DIRECT EXAMINATION
BY AUSA BAILYN:
Q.
And, Special Agent Olson, which agency are you with?
A.
Homeland Security Investigations.
Q.
As part of your duties, were you involved in this case?
A.
Yes, I have.
Q.
Were you involved in the investigation of it?
A.
Yes.
Q.
Were you there when the defendant was arrested?
A.
Yes.
AUSA BAILYN: Your Honor, may I approach?
THE COURT: All right.
Q.
(By AUSA Bailyn) Special Agent Olson, you have before
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you what's been marked as Government's Exhibit 1. It appears to
be a compilation of photographs and receipts.
Are you familiar with this exhibit?
A.
Yes.
Q.
How are you familiar with it?
A.
These were the pieces of jewelry that were found on the
defendant when he was arrested and/or in his bags, in his
possession.
Q.
And the receipt -- the receipts that are at the end of
this exhibit, how did you come into possession of those?
A.
We obtained these receipts through subpoenas.
AUSA BAILYN: Your Honor, may I just have permission to
approach?
THE COURT: Go ahead.
Q.
(By AUSA Bailyn) Special Agent Olson, I've shown you
what's been marked as --
AUSA BAILYN: Oh, did I not pass a copy to the Court?
I apologize.
Q.
(By AUSA Bailyn) Special Agent Olson, you're looking at
what's been marked as Government's Exhibit 3.
Did the Government investigators obtain search warrants
in this case?
A.
Yes.
Q.
Did those search warrants include Google documentation
such as Google Drive or Google e-mail?
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A.
That's correct.
Q.
And was that for the defendant's Google account?
A.
Yes.
Q.
The first page of Government's Exhibit 3, is this one of
those documents that was obtained through the search warrant?
A.
Yes.
Q.
What does it appear to be?
A.
It appears to be a spreadsheet documenting PPP loans.
Q.
Do you recognize any of the companies that are listed on
Government's Exhibit 3?
A.
Yes.
Q.
And how do you recognize them?
A.
I recognize Daniela Rendon because HSI did an
investigation on her last year.
Q.
And what is the conclusion of that investigation?
A.
She did plead "guilty."
Q.
Okay. Was that investigation involving PPP fraud?
A.
Yes.
Q.
During the course of your investigation, did you also
obtain bank records for the defendant?
A.
Yes.
Q.
In reviewing those bank records, did you see anything
that overlapped with this exhibit, Exhibit 3?
A.
Yes. It was cashier's checks.
Q.
Okay. Page 2, 3, 4, 5 and 6 of Government's Exhibit 3,
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are those cashier's checks that were paid to the defendant?
A.
Yes.
Q.
And from -- from which companies were they paid?
A.
Miami ENT.
Q.
That's to whom they were paid.
But from where did they come -- from where were they
paid?
A.
They came from different individuals and businesses.
Q.
Were those individuals and businesses listed on the --
A.
On the spreadsheet.
Q.
-- PPP spreadsheet?
A.
Yes.
AUSA BAILYN: Your Honor, I move to admit into evidence
Government's Exhibit 1 and Government's Exhibit 3.
THE COURT: No objection. Be admitted.
(Government's Exhibit 1 was admitted into the record.)
(Government's Exhibit 3 was admitted into the record.)
AUSA BAILYN: Thank you, Your Honor. I have no further
questions.
THE COURT: Any cross?
CROSS-EXAMINATION
BY DEFENSE ATTORNEY BELL:
Q.
Looking at Government's Exhibit 3, do you know who
created that spreadsheet?
A.
No, I do not.
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Q.
Is it correct that your investigation revealed there
were other people involved in this scheme?
A.
Yes, there could have been.
Q.
And that, apparently, the defendant was essentially
conspiring with them?
A.
It is possible.
Q.
All right. And he was apparently working with some
other people in connection with these loans, right?
A.
There was other individuals that were found to be in
connection with him.
Q.
Did a review of his bank records show money that was
shared with other people and their entities?
A.
Yes. There were other checks going to and from other
entities from his account.
Q.
Right.
And you inferred from that that these were other people
that were involved in the scheme, if you will?
A.
It's unclear if they were involved in the scheme or if
they were just getting PPP loans or if they were conspiring with
him.
Q.
How about people who didn't get PPP loans but still
obtained substantial amounts of money?
A.
I am not sure about that, Your Honor.
Q.
Do you recall whether there were two checks for
substantial amounts that went to a third party that didn't get a
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PPP loan?
A.
No, I do not.
Q.
Two checks of $150,000 each. Do you remember that?
A.
No, I do not.
Q.
Okay.
DEFENSE ATTORNEY BELL: I do not have any further
questions at this time.
THE COURT: Okay. Any redirect?
AUSA BAILYN: No. Thank you, Your Honor.
THE COURT: Okay. You may step down.
Anything else?
AUSA BAILYN: Only argument, Your Honor.
THE COURT: Pardon me?
AUSA BAILYN: Only argument, Your Honor.
THE COURT: Okay. Go ahead.
AUSA BAILYN: Thank you, Your Honor.
The Government is recommending nothing less than the
high end of the sentencing guidelines in this case, Your
Honor. We think that the nature of the offense, the
seriousness of the offense, just punishment and deterrence
warrant that sentence.
Let me begin with the nature of the offense. We were
in the middle of a pandemic, a national crisis. There are
many people who saw this as an opportunity for charity. This
defendant saw it as an opportunity for exploitation and
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opportunism.
As the Government can see in Government's Exhibit 1,
the things that the defendant purchased were vain personal
accoutrements: An Audemars Piguet watch emblazoned in
diamonds, a bracelet with his company's name on it, a diamond
pendant with his company's name on it. In addition, the PSI
makes reference to cars that he purchased: a Lamborghini, a
Porsche, two Teslas. This defendant used a national crisis
for his own enrichment.
Second, the seriousness of this offense, Your Honor.
There's some who believe that fraud against the Government is
a mere rounding error, that it is something that we can all
deal with.
But the defendant's crime was fraud against the
taxpayers, and it was fraud against a limited pool of money.
Money that the defendant stole is money that could not go to
companies and to people who needed it. This was a time where
if the photographs were taken in blank and white, the red
lines would have looked like the Depression.
The defendant stole approximately $4.2 million. A
medium income in Miami is about $50,000. Think of how many
people could have stayed employed if the defendant had not
stolen that money.
The defendant needs to be punished, just punishment,
not just for himself but for those that he helped. This
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wasn't just an opportunity for the defendant to get rich, but
he facilitated other people getting rich, too.
This is the first case, Your Honor, that has been
brought in the country that has alleged somebody has
defrauded the Shuttered Venue Operators Grant.
There will be others who will come after this
defendant, but what we do here matters. There are those that
need to know that if they require the Government to find out
their wrongdoing and do not come forward, that there will not
be leniency.
This is a serious offense in a once-in-a-century
pandemic. It was not an opportunity for you to steal. The
defendant needs to know that, and so do others.
Thank you, Your Honor.
THE COURT: A couple of questions I want to ask each of
you, I think.
You said 4.2 million. My -- at Paragraph 45, I see
$4,415,800. That's --
AUSA BAILYN: Thank you, Your Honor.
THE COURT: -- over $200,000 is not a rounding error.
What's the right number?
AUSA BAILYN: As the Court will note in Appendix 3 of
the -- excuse me -- Appendix 3 of the PSI, Probation was able
to get in contact with Small Business Administration, and
they were able to verify, certify, their exact loss. So the
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number I was referencing was what the Small Business
Administration provided back to Probation.
THE COURT: Okay. That's 4.2 million?
AUSA BAILYN: I can give you the exact number, Your
Honor.
THE COURT: Okay. Let's go ahead and do that.
AUSA BAILYN: It's $4,259,979.
THE COURT: 979?
AUSA BAILYN: -- dollars and 54 cents.
THE COURT: Okay. And I don't -- that doesn't change
the guideline calculation. It has to be over $4 million. Is
that the -- is that right? So in other words, it's 4.259 or
--
DEFENSE ATTORNEY BELL: There's no dispute over the
guideline here, Your Honor.
THE COURT: Okay. All right. I just want to make sure
that with that change, that that --
PROBATION OFFICER: No, Your Honor.
THE COURT: Okay. Of that $4,259,979.54, how much has
the defendant paid back?
DEFENSE ATTORNEY BELL: None, Your Honor.
THE COURT: Okay. I just wanted to ask the question.
Is that -- is that a fair statement? You're asking for
the bottom of the guidelines, and he's paid back absolutely
nothing?
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DEFENSE ATTORNEY BELL: Judge, I mean, he was
imprisoned, and all of the money didn't go to him. The
Government is seizing his vehicles that were purchased.
They've seized these other items of jewelry that were
purchased with the funds. So, you know, I'll ask that you
take that into account when sizing this up.
All of the money didn't go to him. The discovery here
shows that there were other people involved. There are other
people being investigated who very well may be indicted as a
part of this scheme.
THE COURT: I got you.
DEFENSE ATTORNEY BELL: And, again, I don't want to
minimize the basic facts. He's involved in a fraud. He
benefitted from it. But the Government is seizing the assets
that he purchased.
THE COURT: Right.
DEFENSE ATTORNEY BELL: And not all of that money went
to the defendant, right? There are other people that have
already been alluded to here who, unfortunately, benefitted
from --
THE COURT: Yeah. Well, yeah. I mean, I understand
that he was not the only fraudster here. But it's also true
that other than what the Government has seized, that they
have not been repaid any of the money that was stolen.
Okay. The next thing I want to say with respect to the
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sentence to be imposed, so I understand that there are --
there's a request for the bottom of the guideline range.
There were no other objections.
But the sentence imposed today, I intend to impose not
only a sentence within the guideline, but what would be a
reasonable sentence post Booker based on a consideration of
3553(a) factors.
So that in the event that there is any challenge to the
sentence imposed pursuant to the guidelines, that the
Eleventh Circuit would have the benefit of knowing that the
Court's alternative sentence is a reasonable sentence after
consideration of 3553(a) factors.
And that, as we know, includes the circumstances of the
incident offense. We know that this was a large-scale fraud
involving a number of people over an extended period of time,
a significant dollar amount. And we've taken into account
the history and characteristics of the defendant. The need
to promote deterrence and to promote respect for the law.
Obviously, the Government has already alluded to the
circumstances under which the fraud occurred during the
pandemic, the fact that it was a theft of funds that were
diverted from an otherwise well-intended purpose that was
misused for -- for purposes for which it was not intended,
and essentially the defendant's own greed.
So -- just so the Circuit Court has the benefit of the
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Court's consideration of those 3553(a) factors.
Okay. If there's nothing else, the Court has
considered the statements of all parties, the presentence
report, which contains the advisory guidelines and the
statutory factors as set forth in Title 18, United States
Code, Section 3553(a).
It is the finding of the Court that the defendant is
not able to pay a fine.
It is the judgment of the Court that the defendant,
Andre Lorquet, is committed to the Bureau of Prisons and be
imprisoned for 71 months as to Count 7.
Do we have a -- that loss amount, the loss amount that
you wanted to use for the judgment and commitment?
AUSA BAILYN: Yes, Your Honor.
THE COURT: Okay. Do we need a restitution hearing at
any point in the future?
AUSA BAILYN: I don't believe so, Your Honor.
Probation's received the SBA certification of their loss.
THE COURT: Okay.
THE DEFENDANT: Your Honor.
THE COURT: It is further ordered that pursuant to
Title 18, United Stated Code, Section 3664(d)(5) --
Counsel, are the loss amounts -- are they -- did you
say you did not dispute them?
DEFENSE ATTORNEY BELL: Judge, the guidelines? You
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were asking me about the guidelines.
THE COURT: Right.
DEFENSE ATTORNEY BELL: I understand --
THE COURT: But for the loss amount, do we need to have
a separate hearing on that? You want to have a separate
hearing --
DEFENSE ATTORNEY BELL: I think, in the abundance of
caution -- we may not need a hearing, but Probation set it so
that I could --
THE COURT: Okay. That's fine. And if -- we'll go
ahead and set a hearing.
And do you want the defendant present? And the reason
I say that -- I think you know that, but I want him to hear,
as well. If he wants to be present at the hearing, he's
certainly entitled to. It will probably be set within the
70 days.
But that would mean that he would remain in the
Southern District of Florida as being -- as opposed to being
sent to whatever the institution is where he gets designated.
I don't want to have him leave the jurisdiction and
have to be brought back. So if he wants to be here, fine.
If he doesn't want to be here, fine. Whatever he wants.
DEFENSE ATTORNEY BELL: So may I have a moment --
THE COURT: Sure.
DEFENSE ATTORNEY BELL: -- with your indulgence?
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THE COURT: Okay.
(Discussion off the record.)
DEFENSE ATTORNEY BELL: Okay, Judge. Your procedure --
THE COURT: What do you want?
DEFENSE ATTORNEY BELL: He'll appear.
THE COURT: I want to give you the option. You tell
me.
DEFENSE ATTORNEY BELL: No, he wants to be here.
THE COURT: He wants to be here. Okay.
All right. It is further ordered that pursuant to
Title 18, United States Code, Section 3664(d)(5), the
victims' losses are not yet ascertainable. Therefore, the
Court shall set a date for the final determination of the
victims' losses not to exceed 90 days after today's
sentencing.
Upon release from imprisonment, the defendant shall be
placed on supervised release for a term of three years as to
Count 7.
Within 72 hours of release from the custody of the
Bureau of Prisons, the defendant shall report in person to
the Probation Office in the district to which the defendant
is released.
While on supervised release, the defendant shall comply
with the mandatory and standard conditions of supervised --
supervision as referenced in the second addendum.
Case 1:22-cr-20326-KMM Document 147 Entered on FLSD Docket 09/09/2024 Page 23 of 34
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The defendant shall also comply with the following
special conditions: substance abuse treatment, financial
disclosure requirement, permissible search, no-new-debt
restriction, related-concern restriction, and unpaid
restitution fines and special assessments as noted in Part F
of the presentence investigation report.
Furthermore, the defendant shall immediately pay to the
United States a special assessments of $100 as to Count 7.
The defendant's right, title and interest to the
property identified in the preliminary order of forfeiture,
which has been entered by the Court and incorporated by
reference here, is hereby forfeited.
Now that the sentence has been imposed, does the
defendant or his counsel object to the Court's finding of
fact or the manner in which sentence was pronounced?
DEFENSE ATTORNEY BELL: Yes, Your Honor. For the
record, just to be clear, so it's not to be heard that we
waived it, we do object to the Court's findings as to the
obstruction of justice enhancement, the --
THE COURT: Denial of acceptance of responsibility.
DEFENSE ATTORNEY BELL: Yes, the denial of acceptance
of responsibility, and the denial of the motion to withdraw
the plea.
THE COURT: Okay. All right. Mr. Lorquet, do you
understand that you have the right to appeal the sentence
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that I've imposed?
THE DEFENDANT: Yes, Your Honor.
THE COURT: Okay. Do we have his passport?
PROBATION OFFICER: Yes, Your Honor.
THE COURT: What do you want to do with the passport?
DEFENSE ATTORNEY BELL: If his mother's here, we can
return it to her.
THE COURT: Is that all right?
AUSA BAILYN: I have no problem with that, Your Honor.
THE COURT: Okay. We'll return it to the defendant's
mother.
Anything else?
AUSA BAILYN: Yes, Your Honor. The Government would
move to dismiss all counts but Count 7.
THE COURT: Okay. Be granted.
DEFENSE ATTORNEY BELL: Judge, two things:
Respectfully, a designation in the Southern District of
Florida or as close thereto as possible --
THE COURT: All right.
DEFENSE ATTORNEY BELL: -- in light of the facts that
show he has family here.
THE COURT: All right. It will be granted.
DEFENSE ATTORNEY BELL: And then the other thing is,
you may recall I had, earlier in this case, moved to
withdraw --
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THE COURT: Right.
ATTORNEY1: -- to sort of put off a final -- from my
perspective, a final ruling on that. And, again, I'm -- for
the reasons cited in that motion, I'm moving the Court to
withdraw -- I think someone else should --
THE COURT: So you were CJA-appointed, right?
DEFENSE ATTORNEY BELL: I am, Your Honor.
THE COURT: Okay. So let me begin by thanking you for
your willingness to undertake the representation. I know
it's been a difficult case for you to handle and a case that
I know you didn't particularly want to stay on. But I
appreciate your service as an officer of the court to
continue in the representation until now.
I'll -- I'm inclined to grant it, but I want to -- we
need to refer it to the magistrate judge for purposes of
appointing appellate counsel, right?
DEFENSE ATTORNEY BELL: Judge, I mean, I think you're
empowered to, obviously, appoint appellate counsel. My
suggestion was going to be, as you may be aware, that the CJA
panel does include, like, a subset of attorneys and of
full-time appellate lawyers -- that you pick somebody off
that group.
This lawyer can handle what's left in the restitution
hearing and then really counsel and advise my client with
respect to the issues that he can appeal or not, et cetera,
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and represent him in that endeavor.
THE COURT: Well, you raised the restitution hearing.
Thank you for being so candid.
DEFENSE ATTORNEY BELL: Yeah. I mean...
THE COURT: Let's -- we're going to appoint -- we're
going to keep you on right now through the restitution, but
we're going to also appoint appellate counsel. All right?
So let's --
THE DEFENDANT: Your Honor.
THE COURT: Okay. All right.
Anything else?
DEFENSE ATTORNEY BELL: No. That's it.
THE COURT: Okay. Thank you.
DEFENSE ATTORNEY BELL: Thank you, Your Honor.
(Proceedings concluded at 3:07 p.m.)
Case 1:22-cr-20326-KMM Document 147 Entered on FLSD Docket 09/09/2024 Page 27 of 34
C E R T I F I C A T E
I certify that the foregoing pages represent a true and
correct transcript of the official electronic sound recording as
provided to me by the U.S. District Court, Southern District of
Florida, as taken on the date and time previously stated in the
above matter.
I certify that the foregoing pages represent a true and
correct transcript of the above-styled proceedings as reported on
the date, time, and location listed.
I further certify that I am neither counsel for, related to,
nor employed by any of the parties to the action in which this
hearing was reported, and further that I am not financially nor
otherwise interested in the outcome of the above-entitled matter.
/s/Quanincia S. Hill, RPR
Quanincia S. Hill, RPR, CRR
Official Court Reporter
Southern District of Florida
Case 1:22-cr-20326-KMM Document 147 Entered on FLSD Docket 09/09/2024 Page 28 of 34
$
$100 [1] - 24:8
$150,000 [1] - 15:3
$200,000 [1] - 17:20
$4,259,979 [1] - 18:7
$4,259,979.54 [1] -
18:19
$4,415,800 [1] - 17:18
$50,000 [1] - 16:21
/
/s/Quanincia [1] -
28:17
1
1 [6] - 1:5, 3:4, 11:1,
13:14, 13:16, 16:2
10 [1] - 2:4
100 [1] - 9:6
106 [1] - 5:12
1120 [1] - 1:21
13 [3] - 2:5, 3:4, 3:5
13-1 [1] - 1:8
17 [2] - 8:14, 8:23
18 [3] - 21:5, 21:22,
23:11
2
2 [1] - 12:25
2024 [2] - 1:7, 5:12
22-CR-20326-KMM-1
[1] - 1:2
22CR20326 [1] - 4:2
2:36 [1] - 4:1
3
3 [12] - 3:5, 11:20,
12:4, 12:10, 12:23,
12:25, 13:14, 13:17,
13:23, 17:22, 17:23
30 [1] - 7:15
33128 [1] - 1:13
33132 [1] - 1:18
33134 [1] - 1:21
3553 [1] - 7:23
3553(a [3] - 20:7,
20:12, 21:1
3553(a) [1] - 21:6
3664(d)(5 [2] - 21:22,
23:11
37 [2] - 7:15, 7:16
3:07 [1] - 27:15
3E1.1 [1] - 7:12
4
4 [2] - 12:25, 18:11
4.2 [3] - 16:20, 17:17,
18:3
4.259 [1] - 18:12
400 [1] - 1:13
45 [1] - 17:17
46 [1] - 7:16
4C1.1 [1] - 6:22
4TH [1] - 1:18
5
5 [1] - 12:25
54 [1] - 18:9
57 [5] - 4:19, 4:22,
6:20, 7:15, 9:18
57-month [1] - 6:19
59-1 [1] - 8:5
59.91 [1] - 8:12
6
6 [1] - 12:25
7
7 [5] - 1:7, 21:11,
23:18, 24:8, 25:14
70 [2] - 6:21, 22:16
71 [4] - 4:19, 6:20,
7:15, 21:11
72 [1] - 23:19
8
87 [1] - 6:21
9
9 [1] - 5:14
90 [1] - 23:14
979 [1] - 18:8
99 [1] - 1:18
999 [1] - 1:20
9th [1] - 5:12
A
able [3] - 17:23, 17:25,
21:8
above-entitled [1] -
28:14
above-styled [1] -
28:9
absolutely [1] - 18:24
abundance [1] - 22:7
abuse [1] - 24:2
acceptance [5] - 7:1,
7:11, 7:19, 24:20,
24:21
accompanying [1] -
8:13
account [9] - 8:4,
8:10, 8:16, 8:21,
9:15, 12:2, 14:14,
19:6, 20:16
accoutrements [1] -
16:4
action [1] - 28:12
addendum [2] - 4:18,
23:25
addition [1] - 16:6
address [1] - 6:6
addressed [2] - 5:8,
5:20
Administration [2] -
17:24, 18:2
admit [1] - 13:13
admitted [3] - 13:15,
13:16, 13:17
adopted [1] - 5:11
adversely [1] - 8:9
advise [1] - 26:24
advisory [1] - 21:4
advocate [1] - 6:19
advocating [1] - 4:22
affected [1] - 5:14
afternoon [3] - 4:6,
4:11, 4:15
agency [1] - 10:15
Agent [6] - 4:9, 9:23,
10:15, 10:25, 11:15,
11:19
agree [1] - 5:22
agreed [1] - 5:15
ahead [4] - 11:14,
15:15, 18:6, 22:11
alleged [1] - 17:4
alluded [2] - 19:19,
20:19
alternative [1] - 20:11
AMERICA [1] - 1:4
America [1] - 4:3
amount [4] - 20:16,
21:12, 22:4
amounts [3] - 14:22,
14:25, 21:23
Andre [6] - 4:3, 4:13,
8:22, 9:1, 9:6, 21:10
ANDRE [1] - 1:8
Andre's [1] - 8:6
apologize [1] - 11:18
appeal [2] - 24:25,
26:25
appear [2] - 12:7, 23:5
appearances [1] - 4:4
APPEARANCES [1] -
1:16
appellate [4] - 26:16,
26:18, 26:21, 27:7
Appendix [2] - 17:22,
17:23
applicable [1] - 4:18
application [1] - 6:22
appoint [3] - 26:18,
27:5, 27:7
appointed [1] - 26:6
appointing [1] - 26:16
appreciate [1] - 26:12
approach [2] - 10:23,
11:13
argument [3] - 9:21,
15:12, 15:14
arrested [2] - 10:21,
11:7
ascertainable [1] -
23:12
ashley [1] - 4:9
Ashley [2] - 9:23,
10:11
ASHLEY [3] - 2:3,
10:4, 10:11
aspects [1] - 8:23
assessments [2] -
24:5, 24:8
assets [1] - 19:14
assistant [1] - 4:7
AT [1] - 1:13
attention [1] - 8:1
attorney [1] - 4:7
Attorney [1] - 2:5
ATTORNEY [33] -
4:12, 4:17, 4:21,
5:22, 6:2, 6:9, 6:17,
13:22, 15:6, 18:14,
18:21, 19:1, 19:12,
19:17, 21:25, 22:3,
22:7, 22:23, 22:25,
23:3, 23:5, 23:8,
24:16, 24:21, 25:6,
25:16, 25:20, 25:23,
26:7, 26:17, 27:4,
27:12, 27:14
ATTORNEY'S [1] -
1:17
ATTORNEY1 [1] -
26:2
attorneys [1] - 26:20
Audemars [1] - 16:4
AUSA [29] - 2:4, 4:6,
4:25, 5:3, 5:18, 9:21,
9:25, 10:14, 10:23,
10:25, 11:12, 11:15,
11:17, 11:19, 13:13,
13:18, 15:9, 15:12,
15:14, 15:16, 17:19,
17:22, 18:4, 18:7,
18:9, 21:14, 21:17,
25:9, 25:13
AVENUE [1] - 1:13
aware [1] - 26:19
B
bags [1] - 11:7
BAILYN [26] - 1:17,
4:6, 4:25, 5:3, 5:18,
9:21, 9:25, 10:14,
10:23, 11:12, 11:17,
13:13, 13:18, 15:9,
15:12, 15:14, 15:16,
17:19, 17:22, 18:4,
18:7, 18:9, 21:14,
21:17, 25:9, 25:13
Bailyn [5] - 2:4, 4:7,
10:25, 11:15, 11:19
bank [3] - 12:20,
12:22, 14:11
based [3] - 7:17, 9:17,
20:6
basic [1] - 19:13
BEFORE [1] - 1:12
begin [3] - 4:16,
15:22, 26:8
beginning [1] - 4:4
behalf [5] - 4:8, 4:13,
6:8, 6:16, 8:2
BELL [35] - 1:19, 1:20,
4:12, 4:17, 4:21,
5:22, 6:2, 6:9, 6:17,
13:22, 15:6, 18:14,
18:21, 19:1, 19:12,
19:17, 21:25, 22:3,
22:7, 22:23, 22:25,
23:3, 23:5, 23:8,
24:16, 24:21, 25:6,
25:16, 25:20, 25:23,
26:7, 26:17, 27:4,
27:12, 27:14
bell [1] - 4:16
Bell [2] - 2:5, 4:12
benefit [2] - 20:10,
20:25
benefitted [2] - 19:14,
19:19
beyond [2] - 6:2, 7:25
bit [1] - 9:3
blank [1] - 16:18
Booker [1] - 20:6
bottom [2] - 18:24,
20:2
BOULEVARD [1] -
1:20
bracelet [1] - 16:5
briefly [2] - 5:1, 6:17
bring [2] - 5:24, 7:3
brings [1] - 9:11
brought [2] - 17:4,
Case 1:22-cr-20326-KMM Document 147 Entered on FLSD Docket 09/09/2024 Page 29 of 34
22:21
Bureau [2] - 21:10,
23:20
Business [2] - 17:24,
18:1
businesses [2] - 13:8,
13:9
BY [2] - 10:14, 13:22
C
calculation [1] - 18:11
candid [1] - 27:3
card [3] - 7:7, 7:8,
7:17
cares [1] - 8:25
cars [1] - 16:7
CASE [1] - 1:2
case [10] - 4:2, 5:20,
9:15, 10:17, 11:22,
15:18, 17:3, 25:24,
26:10
cashier's [2] - 12:24,
13:1
caused [1] - 7:18
caution [1] - 22:8
cents [1] - 18:9
century [1] - 17:11
certainly [1] - 22:15
certification [1] -
21:18
certify [4] - 17:25,
28:3, 28:8, 28:11
cetera [1] - 26:25
challenge [1] - 20:8
change [4] - 5:9, 5:16,
18:10, 18:17
characteristics [3] -
7:24, 9:16, 20:17
charity [1] - 15:24
checks [5] - 12:24,
13:1, 14:13, 14:24,
15:3
child [1] - 8:8
chronic [1] - 9:8
Circuit [2] - 20:10,
20:25
circumstances [2] -
20:13, 20:20
cited [1] - 26:4
CJA [2] - 26:6, 26:19
CJA-appointed [1] -
26:6
clear [1] - 24:17
client [1] - 26:24
close [1] - 25:18
Code [3] - 21:6, 21:22,
23:11
commencing [1] - 4:1
commitment [1] -
21:13
committed [1] - 21:10
companies [3] - 12:9,
13:3, 16:17
company's [2] - 16:5,
16:6
compilation [2] - 3:4,
11:2
comply [2] - 23:23,
24:1
concern [1] - 24:4
concluded [1] - 27:15
conclusion [1] - 12:15
conditions [2] - 23:24,
24:2
conduct [4] - 7:6,
7:20, 7:25, 8:17
connection [2] - 14:8,
14:10
consideration [3] -
20:6, 20:12, 21:1
considered [1] - 21:3
conspiring [2] - 14:5,
14:19
contact [1] - 17:24
contains [1] - 21:4
continue [1] - 26:13
copy [1] - 11:17
CORAL [1] - 1:21
correct [6] - 5:17,
5:18, 12:1, 14:1,
28:4, 28:9
cost [1] - 7:8
counsel [9] - 4:4, 4:8,
21:23, 24:14, 26:16,
26:18, 26:24, 27:7,
28:11
Count [5] - 5:14,
21:11, 23:18, 24:8,
25:14
count [1] - 5:16
country [1] - 17:4
counts [1] - 25:14
couple [3] - 5:1, 9:22,
17:15
course [1] - 12:19
Court [14] - 7:6, 7:10,
8:3, 11:17, 17:22,
20:25, 21:2, 21:7,
21:9, 23:13, 24:11,
26:4, 28:5, 28:18
court [2] - 4:14, 26:12
COURT [62] - 1:1,
4:11, 4:15, 4:20,
4:23, 5:2, 5:5, 5:19,
6:1, 6:5, 6:10, 6:15,
9:19, 9:24, 10:1,
10:24, 11:14, 13:15,
13:20, 15:8, 15:10,
15:13, 15:15, 17:15,
17:20, 18:3, 18:6,
18:8, 18:10, 18:16,
18:19, 18:22, 19:11,
19:16, 19:21, 21:15,
21:19, 21:21, 22:2,
22:4, 22:10, 22:24,
23:1, 23:4, 23:6,
23:9, 24:20, 24:24,
25:3, 25:5, 25:8,
25:10, 25:15, 25:19,
25:22, 26:1, 26:6,
26:8, 27:2, 27:5,
27:10, 27:13
Court's [6] - 6:18, 8:1,
20:11, 21:1, 24:14,
24:18
COURTHOUSE [1] -
1:9
COURTROOM [4] -
1:8, 4:2, 10:2, 10:8
Cowles [1] - 8:13
created [1] - 13:24
crime [1] - 16:14
crisis [2] - 15:23, 16:8
Cross [1] - 2:5
cross [1] - 13:20
CROSS [1] - 13:21
Cross-Examination
[1] - 2:5
CROSS-
EXAMINATION [1] -
13:21
CRR [1] - 28:17
custody [1] - 23:19
D
Daniela [1] - 12:13
DATE [1] - 1:6
date [3] - 23:13, 28:6,
28:10
days [2] - 22:16, 23:14
DE [1] - 1:20
deal [1] - 16:13
debt [1] - 24:3
defendant [33] - 4:13,
7:24, 8:15, 8:20,
9:16, 10:21, 11:7,
12:20, 13:1, 14:4,
15:25, 16:3, 16:8,
16:16, 16:20, 16:22,
16:24, 17:1, 17:7,
17:13, 18:20, 19:18,
20:17, 21:7, 21:9,
22:12, 23:16, 23:20,
23:21, 23:23, 24:1,
24:7, 24:14
DEFENDANT [5] - 1:9,
6:12, 21:20, 25:2,
27:9
defendant's [5] - 12:2,
16:14, 20:24, 24:9,
25:10
DEFENDANT(S [1] -
1:19
Defense [1] - 2:5
DEFENSE [33] - 4:12,
4:17, 4:21, 5:22, 6:2,
6:9, 6:17, 13:22,
15:6, 18:14, 18:21,
19:1, 19:12, 19:17,
21:25, 22:3, 22:7,
22:23, 22:25, 23:3,
23:5, 23:8, 24:16,
24:21, 25:6, 25:16,
25:20, 25:23, 26:7,
26:17, 27:4, 27:12,
27:14
defrauded [1] - 17:5
denial [3] - 24:20,
24:21, 24:22
dependable [1] - 9:1
Depression [1] -
16:19
DEPUTY [3] - 4:2,
10:2, 10:8
Description [1] - 3:3
designated [1] - 22:19
designation [1] -
25:17
despite [1] - 7:19
determination [1] -
23:13
deterrence [2] - 15:20,
20:18
devastated [1] - 8:7
diamond [1] - 16:5
diamonds [1] - 16:5
different [2] - 5:5, 13:8
difficult [1] - 26:10
DIRECT [1] - 10:13
Direct [1] - 2:4
disagreement [1] - 5:6
disclosure [1] - 24:3
discovered [1] - 5:13
discovery [1] - 19:7
discussion [2] - 6:11,
23:2
dismiss [2] - 5:15,
25:14
dispute [2] - 18:14,
21:24
DISTRICT [3] - 1:1,
1:1, 1:12
District [5] - 22:18,
25:17, 28:5, 28:18
district [1] - 23:21
diverted [1] - 20:22
DIVISION [1] - 1:2
Docket [2] - 5:12, 8:12
Document [1] - 8:4
documentation [1] -
11:24
documenting [2] -
3:5, 12:8
documents [1] - 12:5
dollar [1] - 20:16
dollars [1] - 18:9
down [1] - 15:10
draw [1] - 8:1
Drive [1] - 11:25
duly [1] - 10:5
during [2] - 12:19,
20:20
duties [1] - 10:17
E
e-mail [1] - 11:25
electronic [1] - 28:4
Eleventh [1] - 20:10
emblazoned [1] - 16:4
emphasize [1] - 7:4
employed [2] - 16:22,
28:12
empowered [1] -
26:18
enacted [1] - 6:22
end [5] - 5:4, 7:23,
8:11, 11:9, 15:18
endeavor [1] - 27:1
engaging [1] - 7:20
enhancement [2] -
6:25, 24:19
enrichment [1] - 16:9
ENT [1] - 13:4
entered [1] - 24:11
entities [2] - 14:12,
14:14
entitled [2] - 22:15,
28:14
Entry [3] - 5:12, 8:4,
8:12
error [2] - 16:12, 17:20
ESQ [2] - 1:17, 1:19
essentially [3] - 8:7,
14:4, 20:24
et [1] - 26:25
event [1] - 20:8
evidence [2] - 5:14,
13:13
exact [2] - 17:25, 18:4
Examination [2] - 2:4,
2:5
EXAMINATION [2] -
10:13, 13:21
examined [1] - 10:5
exceed [1] - 23:14
excuse [2] - 4:13,
17:23
Case 1:22-cr-20326-KMM Document 147 Entered on FLSD Docket 09/09/2024 Page 30 of 34
exhibit [3] - 11:3,
11:10, 12:23
Exhibit [13] - 3:3,
11:1, 11:20, 12:4,
12:10, 12:23, 12:25,
13:14, 13:16, 13:17,
13:23, 16:2
exhibits [2] - 5:1, 9:22
EXHIBITS [1] - 3:1
exploitation [1] -
15:25
extended [1] - 20:15
extremely [1] - 9:1
F
facilitated [1] - 17:2
fact [2] - 20:21, 24:15
factor [1] - 9:14
factors [5] - 7:23,
20:7, 20:12, 21:1,
21:5
facts [3] - 9:17, 19:13,
25:20
fair [1] - 18:23
familiar [2] - 11:3,
11:5
family [2] - 9:2, 25:21
Father [1] - 6:13
favor [2] - 7:22, 8:10
February [1] - 5:12
FERGUSON [1] - 1:8
filed [1] - 4:18
final [3] - 23:13, 26:2,
26:3
financial [1] - 24:2
financially [1] - 28:13
findings [3] - 7:6,
7:17, 24:18
fine [4] - 21:8, 22:10,
22:21, 22:22
fines [1] - 24:5
first [3] - 10:5, 12:4,
17:3
five [2] - 7:9, 7:14
Florida [4] - 22:18,
25:18, 28:6, 28:18
FLORIDA [4] - 1:1,
1:13, 1:18, 1:21
following [2] - 8:20,
24:1
follows [1] - 10:6
FOR [2] - 1:17, 1:19
foregoing [2] - 28:3,
28:8
forfeited [1] - 24:12
forfeiture [1] - 24:10
forth [1] - 21:5
forward [1] - 17:9
four [2] - 7:9, 7:16
fraud [8] - 9:13, 12:17,
16:11, 16:14, 16:15,
19:13, 20:14, 20:20
fraudster [1] - 19:22
friends [1] - 9:2
full [1] - 26:21
full-time [1] - 26:21
funds [2] - 19:5, 20:21
furthermore [1] - 24:7
future [1] - 21:16
G
GABLES [1] - 1:21
girlfriend [1] - 8:22
Google [4] - 11:24,
11:25, 12:2
GOVERNMENT [1] -
1:17
Government [15] -
4:5, 4:23, 5:3, 5:15,
9:20, 11:21, 15:17,
16:2, 16:11, 17:8,
19:3, 19:14, 19:23,
20:19, 25:13
Government's [12] -
3:2, 11:1, 11:20,
12:4, 12:10, 12:25,
13:14, 13:16, 13:17,
13:23, 16:2
grant [1] - 26:14
Grant [1] - 17:5
granted [2] - 25:15,
25:22
greed [1] - 20:24
group [1] - 26:22
guardianship [1] - 9:7
guess [2] - 5:16, 6:6
guideline [6] - 4:19,
5:16, 18:11, 18:15,
20:2, 20:5
guidelines [10] - 5:4,
6:20, 7:9, 7:13,
15:18, 18:24, 20:9,
21:4, 21:25, 22:1
guilty [2] - 7:19, 12:16
gullible [1] - 9:4
H
hand [1] - 10:3
handle [2] - 26:10,
26:23
handled [1] - 5:9
hear [1] - 22:13
heard [1] - 24:17
hearing [9] - 21:15,
22:5, 22:6, 22:8,
22:11, 22:14, 26:24,
27:2, 28:13
heavy [2] - 7:5, 7:18
hello [1] - 4:12
helped [1] - 16:25
HENRY [1] - 1:19
Henry [1] - 4:12
hereby [1] - 24:12
high [2] - 5:4, 15:18
Hill [2] - 28:17, 28:17
himself [1] - 16:25
history [2] - 7:24,
20:17
Holy [1] - 6:14
home [1] - 9:11
Homeland [2] - 4:9,
10:16
Honor [38] - 4:6, 4:25,
5:18, 6:19, 7:21, 8:6,
9:12, 9:21, 9:25,
10:23, 11:12, 13:13,
13:18, 14:23, 15:9,
15:12, 15:14, 15:16,
15:19, 16:10, 17:3,
17:14, 17:19, 18:5,
18:15, 18:18, 18:21,
21:14, 21:17, 21:20,
24:16, 25:2, 25:4,
25:9, 25:13, 26:7,
27:9, 27:14
HONORABLE [1] -
1:12
Honorable [1] - 6:12
hope [1] - 9:12
hours [1] - 23:19
HSI [1] - 12:13
I
identified [1] - 24:10
illnesses [1] - 9:8
immediately [1] - 24:7
impacted [1] - 8:9
impose [1] - 20:4
imposed [7] - 5:6, 6:8,
20:1, 20:4, 20:9,
24:13, 25:1
imprisoned [2] - 19:2,
21:11
imprisonment [1] -
23:16
incarcerated [1] - 8:6
incident [1] - 20:14
inclined [1] - 26:14
include [2] - 11:24,
26:20
includes [1] - 20:13
income [1] - 16:21
incorporated [1] -
24:11
INDEX [2] - 2:1, 3:1
indicted [1] - 19:9
indictment [1] - 5:15
individuals [3] - 13:8,
13:9, 14:9
indulgence [1] - 22:25
inferred [1] - 14:16
instead [1] - 6:21
institution [1] - 22:19
intend [1] - 20:4
intended [2] - 20:22,
20:23
interest [1] - 24:9
interested [1] - 28:14
introduce [2] - 5:1,
9:22
investigated [1] - 19:9
investigation [7] -
10:19, 12:14, 12:15,
12:17, 12:19, 14:1,
24:6
Investigations [2] -
4:10, 10:16
investigators [1] -
11:21
involved [7] - 10:17,
10:19, 14:2, 14:17,
14:18, 19:8, 19:13
involving [2] - 12:17,
20:15
issue [2] - 5:13, 6:24
issues [2] - 5:21,
26:25
items [1] - 19:4
J
jewelry [2] - 11:6, 19:4
joined [1] - 4:8
JONATHAN [1] - 1:17
Jonathan [1] - 4:7
JR [1] - 1:8
Judge [7] - 4:12, 4:17,
5:22, 6:12, 6:17,
8:14, 23:3
JUDGE [1] - 1:12
judge [6] - 5:10, 19:1,
21:25, 25:16, 26:15,
26:17
judgment [2] - 21:9,
21:13
jurisdiction [1] - 22:20
justice [2] - 6:25,
24:19
K
keep [1] - 27:6
kind [1] - 9:1
knowing [1] - 20:10
known [1] - 8:22
L
Lamborghini [1] -
16:7
large [1] - 20:14
large-scale [1] - 20:14
last [4] - 9:9, 9:10,
10:11, 12:14
law [1] - 20:18
lawyer [1] - 26:23
lawyers [1] - 26:21
lay [1] - 9:12
leave [1] - 22:20
left [1] - 26:23
leniency [1] - 17:10
LEON [1] - 1:20
less [1] - 15:17
letter [3] - 8:5, 8:13,
9:11
letters [1] - 8:2
levels [2] - 7:9, 7:15
life [1] - 8:7
light [1] - 25:20
limited [1] - 16:15
lines [1] - 16:19
listed [3] - 12:9, 13:9,
28:10
listens [1] - 8:25
litigate [1] - 7:3
litigated [1] - 6:24
loan [1] - 15:1
loans [5] - 3:5, 12:8,
14:8, 14:19, 14:21
location [1] - 28:10
look [1] - 9:14
looked [1] - 16:19
looking [6] - 7:24,
7:25, 8:4, 11:19,
13:23
Lorquet [5] - 4:3, 4:13,
6:6, 21:10, 24:24
LORQUET [1] - 1:8
Lorquet's [1] - 7:5
loss [6] - 17:25, 21:12,
21:18, 21:23, 22:4
losses [2] - 23:12,
23:14
low [2] - 7:23, 8:11
low-end [2] - 7:23,
8:11
M
magistrate [2] - 5:10,
26:15
mail [1] - 11:25
mandatory [1] - 23:24
manner [1] - 24:15
MARCH [1] - 1:7
Case 1:22-cr-20326-KMM Document 147 Entered on FLSD Docket 09/09/2024 Page 31 of 34
marked [3] - 11:1,
11:16, 11:20
Master [1] - 6:13
matter [2] - 28:7,
28:14
matters [1] - 17:7
mean [5] - 7:14, 19:1,
19:21, 22:17, 26:17
mean.. [1] - 27:4
medium [1] - 16:21
mere [1] - 16:12
Messiah [1] - 6:13
MIAMI [4] - 1:2, 1:13,
1:13, 1:18
Miami [2] - 13:4, 16:21
MICHAEL [1] - 1:12
middle [1] - 15:23
Mighty [1] - 6:13
million [4] - 16:20,
17:17, 18:3, 18:11
minimize [1] - 19:13
minor [1] - 8:8
misused [1] - 20:23
moment [2] - 6:9,
22:23
money [10] - 14:11,
14:22, 16:15, 16:16,
16:23, 19:2, 19:7,
19:17, 19:24
months [6] - 4:19,
4:22, 6:20, 7:15,
9:18, 21:11
MOORE [1] - 1:12
Moore [1] - 6:12
mother [2] - 8:5, 25:11
mother's [1] - 25:6
motion [4] - 5:9, 5:24,
24:22, 26:4
move [2] - 13:13,
25:14
moved [1] - 25:24
moving [1] - 26:4
N
name [4] - 10:9, 10:11,
16:5, 16:6
national [2] - 15:23,
16:8
nature [2] - 15:19,
15:22
NE [1] - 1:18
need [6] - 17:8, 20:17,
21:15, 22:4, 22:8,
26:15
needed [1] - 16:17
needs [2] - 16:24,
17:13
nephew [1] - 9:7
new [1] - 24:3
newly [1] - 5:13
next [2] - 6:6, 19:25
niece [1] - 9:7
NO [1] - 1:2
no-new-debt [1] - 24:3
none [1] - 18:21
NORTH [1] - 1:13
note [2] - 7:18, 17:22
noted [1] - 24:5
nothing [3] - 15:17,
18:25, 21:2
notwithstanding [1] -
8:17
November [1] - 6:22
number [4] - 17:21,
18:1, 18:4, 20:15
O
O-l-s-o-n [1] - 10:12
object [2] - 24:14,
24:18
objection [2] - 4:24,
13:15
objections [1] - 20:3
obstructed [1] - 6:25
obstruction [3] - 6:25,
7:10, 24:19
obstruction-of-
justice [1] - 6:25
obtain [2] - 11:21,
12:20
obtained [5] - 7:7,
7:12, 11:11, 12:5,
14:22
obtaining [2] - 7:8,
7:17
obviously [2] - 20:19,
26:18
occurred [1] - 20:20
OF [5] - 1:1, 1:4, 1:6,
1:11
offense [8] - 7:25,
8:17, 15:19, 15:20,
15:22, 16:10, 17:11,
20:14
OFFICE [1] - 1:17
Office [1] - 23:21
OFFICER [2] - 18:18,
25:4
officer [1] - 26:12
Official [1] - 28:18
official [1] - 28:4
old [1] - 8:6
OLSON [2] - 2:3, 10:4
Olson [8] - 4:9, 9:23,
10:11, 10:12, 10:15,
10:25, 11:15, 11:19
once [1] - 17:11
once-in-a-century [1]
- 17:11
one [1] - 12:4
Operators [1] - 17:5
opportunism [1] -
16:1
opportunity [7] - 5:1,
6:7, 9:22, 15:24,
15:25, 17:1, 17:12
opposed [1] - 22:18
option [1] - 23:6
order [1] - 24:10
ordered [2] - 21:21,
23:10
otherwise [2] - 20:22,
28:14
outcome [1] - 28:14
overlapped [1] - 12:23
own [3] - 6:8, 16:9,
20:24
P
p.m [2] - 4:1, 27:15
page [2] - 12:4, 12:25
PAGE [1] - 2:2
Page [1] - 3:3
pages [2] - 28:3, 28:8
PAGES [1] - 1:5
paid [6] - 13:1, 13:3,
13:5, 13:7, 18:20,
18:24
pandemic [3] - 15:23,
17:12, 20:21
panel [1] - 26:20
Paragraph [1] - 17:17
pardon [1] - 15:13
parent [1] - 9:6
Part [1] - 24:5
part [2] - 10:17, 19:10
particularly [1] - 26:11
parties [2] - 21:3,
28:12
partner [1] - 8:14
party [1] - 14:25
pass [1] - 11:17
passport [5] - 7:7, 7:8,
7:17, 25:3, 25:5
pay [3] - 7:18, 21:8,
24:7
paying [1] - 7:5
pendant [1] - 16:6
people [14] - 6:13,
14:2, 14:8, 14:12,
14:16, 14:21, 15:24,
16:17, 16:22, 17:2,
19:8, 19:9, 19:18,
20:15
percent [1] - 9:6
period [1] - 20:15
permissible [1] - 24:3
permission [1] - 11:12
person [2] - 8:1, 23:20
personal [1] - 16:3
personality [1] - 8:24
perspective [1] - 26:3
PHILIP [1] - 1:19
photographs [3] - 3:4,
11:2, 16:18
pick [1] - 26:21
pieces [1] - 11:6
Piguet [1] - 16:4
placed [1] - 23:17
PLAINTIFF [1] - 1:5
plea [2] - 5:9, 24:23
plead [1] - 12:16
pled [1] - 7:19
PLLC [1] - 1:20
point [8] - 6:6, 7:4,
7:12, 7:21, 9:10,
9:11, 21:16
pointing [1] - 8:8
points [1] - 8:5
PONCE [1] - 1:20
pool [1] - 16:15
Porsche [1] - 16:8
positive [2] - 8:3, 9:16
possession [2] - 11:8,
11:10
possible [2] - 14:6,
25:18
post [1] - 20:6
PPP [7] - 3:5, 12:8,
12:17, 13:11, 14:19,
14:21, 15:1
preliminary [1] - 24:10
present [2] - 22:12,
22:14
presentence [2] -
21:3, 24:6
preserved [1] - 6:3
previously [1] - 28:6
price [2] - 7:5, 7:18
prison [1] - 8:19
Prisons [2] - 21:10,
23:20
Probation [5] - 4:18,
17:23, 18:2, 22:8,
23:21
PROBATION [2] -
18:18, 25:4
probation's [1] - 21:18
problem [1] - 25:9
procedural [1] - 5:23
procedurally [1] - 5:19
procedure [1] - 23:3
Proceedings [2] - 4:1,
27:15
proceedings [1] - 28:9
PROCEEDINGS [2] -
1:6, 1:11
promote [2] - 20:18
pronounced [1] -
24:15
property [1] - 24:10
provided [2] - 18:2,
28:5
PSI [3] - 4:18, 16:6,
17:23
punished [1] - 16:24
punishment [2] -
15:20, 16:24
purchased [5] - 16:3,
16:7, 19:3, 19:5,
19:15
purpose [1] - 20:22
purposes [2] - 20:23,
26:15
pursuant [4] - 4:17,
20:9, 21:21, 23:10
put [1] - 26:2
Q
Quanincia [1] - 28:17
questions [3] - 13:19,
15:7, 17:15
R
raise [1] - 10:2
raised [2] - 9:8, 27:2
range [3] - 4:19, 5:16,
20:2
rather [1] - 7:15
read [1] - 8:12
really [2] - 7:25, 26:24
reason [2] - 6:20,
22:12
reasonable [2] - 20:6,
20:11
reasons [1] - 26:4
receipt [1] - 11:9
receipts [4] - 3:4,
11:2, 11:9, 11:11
received [1] - 21:18
recitation [1] - 5:23
recognize [5] - 8:18,
12:9, 12:12, 12:13
recommendation [1] -
5:11
recommending [1] -
15:17
record [7] - 5:8, 6:11,
10:10, 13:16, 13:17,
23:2, 24:17
record's [1] - 6:3
recording [1] - 28:4
records [3] - 12:20,
12:22, 14:11
Case 1:22-cr-20326-KMM Document 147 Entered on FLSD Docket 09/09/2024 Page 32 of 34
red [1] - 16:18
redirect [1] - 15:8
reduction [1] - 7:1
refer [1] - 26:15
reference [2] - 16:7,
24:12
referenced [1] - 23:25
referencing [1] - 18:1
regarded [1] - 9:2
related [2] - 24:4,
28:11
related-concern [1] -
24:4
relates [1] - 7:19
release [4] - 23:16,
23:17, 23:19, 23:23
released [1] - 23:22
remain [1] - 22:17
remember [1] - 15:3
Rendon [1] - 12:13
repaid [1] - 19:24
report [4] - 5:11, 21:4,
23:20, 24:6
reported [2] - 28:9,
28:13
Reporter [1] - 28:18
represent [3] - 27:1,
28:3, 28:8
representation [2] -
26:9, 26:13
request [2] - 9:18,
20:2
require [1] - 17:8
requirement [1] - 24:3
respect [3] - 19:25,
20:18, 26:25
respectfully [2] - 9:17,
25:17
responsibility [3] -
7:2, 24:20, 24:22
restitution [5] - 21:15,
24:5, 26:23, 27:2,
27:6
restriction [2] - 24:4
result [1] - 8:19
return [2] - 25:7, 25:10
revealed [1] - 14:1
review [1] - 14:11
reviewing [1] - 12:22
REYES [1] - 1:20
rich [2] - 17:1, 17:2
rise [1] - 7:6
ROSQUETE [1] - 1:20
rounding [2] - 16:12,
17:20
RPR [2] - 28:17, 28:17
ruled [1] - 5:25
ruling [1] - 26:3
S
saw [2] - 15:24, 15:25
SBA [1] - 21:18
scale [1] - 20:14
scheme [4] - 14:2,
14:17, 14:18, 19:10
search [4] - 11:21,
11:24, 12:5, 24:3
seat [1] - 10:8
second [3] - 7:21,
16:10, 23:25
Section [3] - 21:6,
21:22, 23:11
Security [2] - 4:9,
10:16
see [3] - 12:22, 16:2,
17:17
seized [2] - 19:4,
19:23
seizing [2] - 19:3,
19:14
sent [1] - 22:19
sentence [21] - 4:22,
5:4, 5:6, 6:8, 6:19,
7:23, 8:11, 8:19,
9:18, 15:21, 20:1,
20:4, 20:5, 20:6,
20:9, 20:11, 24:13,
24:15, 24:25
SENTENCING [1] -
1:11
sentencing [4] - 5:21,
6:23, 15:18, 23:15
separate [2] - 22:5
serious [3] - 8:18,
9:14, 17:11
seriousness [2] -
15:20, 16:10
service [1] - 26:12
set [5] - 21:5, 22:8,
22:11, 22:15, 23:13
seven [1] - 9:9
severe [1] - 9:7
shall [6] - 23:13,
23:16, 23:20, 23:23,
24:1, 24:7
shared [1] - 14:12
show [2] - 14:11,
25:21
shown [1] - 11:15
shows [1] - 19:8
Shuttered [1] - 17:5
significant [1] - 20:16
simple [1] - 9:12
sincerest [1] - 9:12
sister [1] - 9:5
sizing [1] - 19:6
Small [2] - 17:24, 18:1
so-called [1] - 7:12
someone [1] - 26:5
sometimes [1] - 9:3
Son [1] - 6:14
son's [1] - 8:6
sorry [1] - 6:12
sort [1] - 26:2
sound [1] - 28:4
SOUTHERN [1] - 1:1
Southern [4] - 22:18,
25:17, 28:5, 28:18
special [3] - 24:2,
24:5, 24:8
Special [6] - 4:9, 9:23,
10:15, 10:25, 11:15,
11:19
speed [1] - 5:19
spell [1] - 10:9
Spirit [1] - 6:14
spreadsheet [5] - 3:5,
12:8, 13:10, 13:11,
13:24
stand [1] - 9:25
standard [1] - 23:24
stands [1] - 5:8
state [2] - 4:4, 10:9
statement [1] - 18:23
statements [1] - 21:3
STATES [4] - 1:1, 1:4,
1:12, 1:17
States [6] - 4:3, 4:7,
4:8, 21:5, 23:11,
24:8
statutory [1] - 21:5
stay [1] - 26:11
stayed [1] - 16:22
steal [1] - 17:12
step [1] - 15:10
still [1] - 14:21
stipulate [1] - 9:14
stole [2] - 16:16, 16:20
stolen [2] - 16:23,
19:24
STREET [1] - 1:18
stripped [1] - 7:1
styled [1] - 28:9
subpoenas [1] - 11:11
subset [1] - 26:20
substance [1] - 24:2
substantial [3] - 7:14,
14:22, 14:25
suggestion [1] - 26:19
SUITE [1] - 1:21
supervised [3] -
23:17, 23:23, 23:24
supervision [1] -
23:25
supported [1] - 9:6
sworn [1] - 10:5
T
table [1] - 4:8
taxpayers [1] - 16:15
term [1] - 23:17
terms [2] - 7:22, 9:12
Teslas [1] - 16:8
testified [1] - 10:5
thanking [1] - 26:8
THE [73] - 1:12, 1:17,
1:19, 4:2, 4:11, 4:15,
4:20, 4:23, 5:2, 5:5,
5:19, 6:1, 6:5, 6:10,
6:12, 6:15, 9:19,
9:24, 10:1, 10:2,
10:7, 10:8, 10:11,
10:24, 11:14, 13:15,
13:20, 15:8, 15:10,
15:13, 15:15, 17:15,
17:20, 18:3, 18:6,
18:8, 18:10, 18:16,
18:19, 18:22, 19:11,
19:16, 19:21, 21:15,
21:19, 21:20, 21:21,
22:2, 22:4, 22:10,
22:24, 23:1, 23:4,
23:6, 23:9, 24:20,
24:24, 25:2, 25:3,
25:5, 25:8, 25:10,
25:15, 25:19, 25:22,
26:1, 26:6, 26:8,
27:2, 27:5, 27:9,
27:10, 27:13
theft [1] - 20:21
therefore [1] - 23:12
thereto [1] - 25:18
they've [1] - 19:4
third [2] - 7:12, 14:25
thoughtful [1] - 8:25
three [2] - 7:10, 23:17
Title [3] - 21:5, 21:22,
23:11
title [1] - 24:9
TO [2] - 2:1, 3:1
today [2] - 8:19, 20:4
today's [1] - 23:14
together [1] - 9:8
took [1] - 9:6
totality [1] - 8:1
TRANSCRIPT [1] -
1:11
transcript [2] - 28:4,
28:9
transgression [1] -
9:13
treatment [1] - 24:2
true [3] - 19:22, 28:3,
28:8
truly [1] - 8:25
trustworthy [2] - 9:3
trying [1] - 9:11
two [7] - 7:9, 7:10, 8:6,
14:24, 15:3, 16:8,
25:16
two-year-old [1] - 8:6
U
U.S [2] - 1:9, 28:5
unclear [1] - 14:18
under [3] - 7:12, 7:23,
20:20
undertake [1] - 26:9
unfortunately [1] -
19:19
United [7] - 4:3, 4:7,
4:8, 21:5, 21:22,
23:11, 24:8
UNITED [4] - 1:1, 1:4,
1:12, 1:17
unpaid [1] - 24:4
up [6] - 5:7, 5:19, 5:24,
6:18, 7:3, 19:6
V
vain [1] - 16:3
vehicles [1] - 19:3
Venue [1] - 17:5
verify [1] - 17:25
victims' [2] - 23:12,
23:14
VOLUME [1] - 1:4
vs [1] - 4:3
VS [1] - 1:6
W
waived [1] - 24:18
wants [6] - 6:7, 22:14,
22:21, 22:22, 23:8,
23:9
warrant [2] - 12:5,
15:21
warrants [2] - 11:21,
11:24
watch [1] - 16:4
weighs [2] - 7:22, 8:10
well-intended [1] -
20:22
white [1] - 16:18
WILKIE [1] - 1:8
willingness [1] - 26:9
withdraw [5] - 5:9,
5:24, 24:22, 25:25,
26:5
WITNESS [3] - 2:2,
10:7, 10:11
WITNESSES [1] - 2:1
words [2] - 8:8, 18:12
Case 1:22-cr-20326-KMM Document 147 Entered on FLSD Docket 09/09/2024 Page 33 of 34
write [2] - 8:24, 9:5
written [1] - 8:2
wrongdoing [1] - 17:9
wrote [1] - 8:19
X
XXX [1] - 1:5
Y
year [2] - 8:6, 12:14
years [4] - 8:14, 8:23,
9:9, 23:17
Case 1:22-cr-20326-KMM Document 147 Entered on FLSD Docket 09/09/2024 Page 34 of 34File and source
- File
- gov.uscourts.flsd.616975.147.0.pdf
- Size
- 666,517 bytes
- SHA-256
- 76fc95b469badf75401ba3af113c2cce122ceec0a05621a538166d775e050e6a
- Original
- PACER (login required)