Court filing
Transcript of Change of Plea as to Carlos Vazquez — USA v. Vazquez (Dkt. 54, S.D. Fla. No. 1:21-mj-02512, docketed in No. 1:21-cr-20231)
Filed November 6, 2021 in USA v. Vazquez; one of 60 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of Florida |
|---|---|
| Filed | 2021-11-06 |
U.S. District Court for the Southern District of Florida · No. 1:21-cr-20231-DMM · Doc. 54 · 2021-11-06 · Docket on CourtListener
Full text
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO. 1:21-CR-20231-DMM-1 UNITED STATES OF AMERICA Davie, Florida vs. September 13, 2021 Monday CARLOS VAZQUEZ Scheduled for 11:00 a.m. 10:58 a.m. to 11:53 a.m. Pages 1 - 47 ------------------------------------------------------------ CHANGE OF PLEA HEARING (VIA ZOOM) BEFORE THE HONORABLE CHRIS M. MCALILEY UNITED STATES MAGISTRATE JUDGE APPEARANCES (VIA ZOOM): ON BEHALF OF GOVERNMENT: HAYDEN PATRICK O'BYRNE, AUSA ELIZABETH YOUNG, AUSA United States Attorney's Office 99 Northeast 4th Street 7th Floor Miami, Florida 33132 ON BEHALF OF DEFENDANT: ALBERT ZACHARY LEVIN, ESQ. ALBERT Z. LEVIN, P.A. Courthouse Tower 40 NW 3rd Street Suite 200 Miami, Florida 33128 STENOGRAPHICALLY REPORTED BY: GLENDA M. POWERS, RPR, CRR, FPR Official Court Reporter United States District Court 400 North Miami Avenue Miami, Florida 33128 Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 1 of 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 (Call to the order of the Court:) COURTROOM DEPUTY: In the United States Court for the Southern District of Florida, with the Honorable Chris M. McAliley presiding. THE COURT: All right. Good morning, everyone. This is Case Number 21-20231, Criminal, United States versus Carlos Vazquez. Government counsel, would you like to go ahead and state your appearance. MR. O'BYRNE: Good morning, Your Honor. AUSA Hayden O'Byrne on behalf of the United States. I'm here with IRS Special Agent Christy Voelker and AUSA Beth Young is also on the line. THE COURT: AUSA Beth Young? MR. O'BYRNE: She was; I think she just clicked off. THE COURT: Okay. All right. And defense counsel? MR. LEVIN: Your Honor, good morning. Albert Levin, appearing with Mr. Carlos Vazquez, who's present, you can see Mr. Vazquez over my shoulder there. THE COURT: Yes. Can you hear me well, Mr. Vazquez? THE DEFENDANT: Yes, I can, Your Honor. Good morning. THE COURT: Okay. Good morning. All right. So we're here, I understand, Mr. Vazquez, you want to enter a plea of guilty; is that right? THE DEFENDANT: Yes, ma'am, I do. Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 2 of 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 THE COURT: Mr. Levin, I know there's been two other efforts for Mr. Vazquez to enter a guilty plea. Is there any background that you want to give me that would be helpful, or should I just start working my way through it? MR. LEVIN: I think just start working your way through it, Your Honor. THE COURT: Okay. I understand there's no plea agreement; is that correct? MR. LEVIN: That's correct, there is no plea agreement. THE COURT: Okay. I was given a factual basis in support of plea this morning that has a signature of Mr. Levin and Mr. Vazquez, and not yours, Mr. O'Byrne, yet. How can we be assured that you all have the same document that I have, because I know there were prior versions. MR. O'BYRNE: Your Honor, I sent that version back to Nicole a few minutes after I received it. I don't know if it's come through yet. THE COURT: You mean, with your signature? MR. O'BYRNE: With my signature. THE COURT: Oh, okay. Okay. This is another of two versions -- I guess what we'll do in this instance, we might need it, depending on what we're trying to avoid, so let's get to that. Okay. We will put that aside, if we could. Would you raise your right hand, Mr. Vazquez, please. Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 3 of 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 Do you solemnly swear or affirm that the testimony you're going to give will be the entire truth? THE DEFENDANT: Yes, ma'am, I do. THE COURT: All right. Thank you. You can put your hand down. First, it's my obligation to remind you that because you're under oath you have a legal duty to be truthful; and if you are not truthful during this guilty plea hearing, the Government could prosecute you for the additional crime of perjury. Do you understand that, sir? THE DEFENDANT: Yes, ma'am, I do. THE COURT: Okay. It's really important, Mr. Vazquez, that you understand everything that is said here today. May I have your assurance, sir, that if you have any questions for your attorney, or for me, or if you do not understand anything that's said, that you'll stop me and let me know that? THE DEFENDANT: Yes, ma'am. THE COURT: Very good. How old are you, sir? THE DEFENDANT: I did not hear what you said, ma'am. THE COURT: How old are you? THE DEFENDANT: 57 years old, ma'am. THE COURT: All right. However -- how much education did you receive? THE DEFENDANT: High school, ma'am. Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 4 of 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 THE COURT: Okay. Have you ever suffered from or been treated for any form of mental illness? THE DEFENDANT: Yes, ma'am. THE COURT: Okay. Tell me a bit about that. THE DEFENDANT: I'm currently enrolled in a program suggested by the Honorable Judge Mr. Middlebrooks, and I was taking a class -- I still am participating on Tuesdays from 5:30 to 7. I was prescribed three different medications. I was also put on the medication last year. I was in the hospital for 38 days. I went through some operations, some difficulties, nearly lost my life, and they had to remove part of my colon, my liver, they told me, possibly. I got a catheter, so I was there for like 38 days, and they put me on medication, ma'am. THE COURT: Okay. So I need to focus on this: Have you been diagnosed with any form of mental illness? THE DEFENDANT: I have no idea. THE COURT: Because the question was not about physical illness, but mental illness, whether you have suffered from or been treated for any form of mental illness. THE DEFENDANT: Yes, ma'am. THE COURT: Okay. Well, what is that? What have you been treated for, what condition? MR. LEVIN: Judge, if I can shed some light on this? THE COURT: Yeah. Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 5 of 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 MR. LEVIN: When he was hospitalized, about a year ago, he had an episode there, and as a result of the episode -- he had a mental break, an episode, if you will. They put him on medications for that. THE COURT: Okay. MR. LEVIN: He wasn't necessarily told he was schizophrenia/bipolar, or bipolar, he wasn't actually given a diagnosis. And since he's been on bond, it's been recommended that he have counseling -- and that's what he was referring to -- every Tuesday, and this was new to me. But, apparently, he speaks to a physician's assistant who has put him on antidepressants -- THE COURT: Okay. MR. LEVIN: -- in this program. So that's what he's referring to; you asked him the question, have you ever been treated for mental illness. THE COURT: Okay. All right. So, Mr. Vazquez, have you suffered from any -- other than this mental break that you've had while hospitalized -- I'm curious, were in ICU for an extended period of time? THE DEFENDANT: Yes, ma'am, I was. THE COURT: I don't know, but I certainly have seen people who have experienced psychosis from prolonged ICU treatment, but that was over a year ago? THE DEFENDANT: 38 days, Your Honor, I almost lost my Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 6 of 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7 life. THE COURT: I heard you say that, and I'm glad you didn't lose your life. THE DEFENDANT: Okay. THE COURT: At this point, other than depression, is there any other mental health for which you're being medicated? THE DEFENDANT: No, just the pill they gave me. THE COURT: Are you able to think well, and is your thinking in good order? THE DEFENDANT: Yes, Your Honor. THE COURT: Okay. All right. And the medication that you're on now is for depression and other health conditions; is that right? THE DEFENDANT: Yes, I have heart medicine as well, high blood pressure -- I have like 11. THE COURT: Okay. And have you had a dependency at any time on any drugs, medication or alcohol? THE DEFENDANT: No, ma'am. THE COURT: In the last several days, other than the medications you've told me about, have you taken any drugs or alcohol? THE DEFENDANT: No, ma'am. THE COURT: Okay. How is your thinking today? Are you thinking clearly? THE DEFENDANT: Yes, ma'am, I'm grateful to be here in Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 7 of 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8 this situation. THE COURT: So, as you know, Judge Middlebrooks is the presiding judge in your case. You have the right to have Judge Middlebrooks hear your guilty plea or everything's -- (Interruption.) MR. LEVIN: Judge, he's saying he didn't hear you. THE COURT: Okay. THE DEFENDANT: I heard "Judge Middlebrooks." THE COURT: He's the presiding judge in your case. THE DEFENDANT: Okay. THE COURT: You have the right to have him hear your guilty plea, unless, of course, you, your lawyer and the Government agree that I can hear your guilty plea. THE DEFENDANT: Yes, ma'am. THE COURT: So, Mr. Levin, is my being here today for the guilty plea today okay with you and your client? MR. LEVIN: Yes, it is. THE COURT: Okay. Mr. O'Byrne? MR. O'BYRNE: No objection from the Government, Your Honor. THE COURT: Okay. Here's another thing. You have the right, Mr. Vazquez, to be present in the courtroom with me. We can do this by video conference if I have your consent, and if there is some justification for it that supports the ends of justice. Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 8 of 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9 So, first of all, is it okay with you -- THE DEFENDANT: I absolutely agree, yes, ma'am. THE COURT: -- to have this plea done by video -- THE DEFENDANT: I agree to give you permission, the Honorable Mr. Hayden O'Byrne, and my attorney. I'm good with this. I have no objection. THE COURT: -- doing this by video conference? THE DEFENDANT: Yes, ma'am, I agree, Your Honor. THE COURT: Okay. Mr. Levin, perhaps you can help me understand. There are different reasons that people want to do this. Some are concerned about this risks of Covid and feel more comfortable doing it by video conference. You tell me what the purpose is from your end in doing this by video conference. MR. LEVIN: Well, I mean, he was given a choice to do it by video conference, so he asked for video conference. If he was told to come into open court, he would have come into open court. THE COURT: Okay. MR. LEVIN: So I guess maybe convenience. THE COURT: Right, right. So there certainly is a convenience to that, and I'd rather set you for this, it gets done a little more quickly. There was an issue with your scheduling, I was on criminal duty last week, and I know you wanted to do this earlier. Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 9 of 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 MR. LEVIN: Right. THE COURT: So I just want to make sure that he would be happy to do this in court. Mr. Levin, it's okay with you and your client that we're doing this by video conference? MR. LEVIN: Yes, Your Honor, definitely. THE COURT: Mr. O'Byrne, is that okay with the Government? MR. O'BYRNE: Yes, Your Honor. THE COURT: So, Mr. Vazquez, you certainly have a very competent attorney. I know that you recently hired him and you had prior counsel. THE DEFENDANT: Yes, ma'am. THE COURT: So have you had time that you need to speak to your attorney or attorneys about this case, get your questions answered, understand what your options are; understand what the Government's accused you of and how they might prove it; understand what defenses you might have and how you might prove them; and, of course, to decide whether to go to trial or enter a plea of guilty. Have you had the opportunity to get some legal advice from your lawyers that you feel you need? THE DEFENDANT: I am extremely grateful from having Mr. Levin represent me. I'm extremely happy with his zealously in this case, I have no complaints. And I'm extremely appreciative and grateful to Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 10 of 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11 Mr. Hayden O'Byrne as well for his treatment of me and the way he's handled my situation. I'm extremely grateful to Judge Middlebrooks as well, yes, ma'am, I am. THE COURT: Well, I hear all that, and I gather you feel you've had the time you need to consult with your attorney before entering your guilty plea today; is that right? THE DEFENDANT: Yes, ma'am, I have had the time I needed. THE COURT: Before the Court can accept your guilty plea, we do need to be sure that you understand legal rights that you would give up today by pleading guilty, so I'm going to review them with you. First, you have a right to plead not guilty, you can insist upon your innocence and have a trial before a jury. You would be assured of the assistance of competent counsel. If, for any reason, Mr. Levin could not continue as your attorney and if you could not afford to hire counsel, the Court would appoint an attorney for you. So, do you understand that you have those rights at a trial? THE DEFENDANT: Yes, I fully understand. THE COURT: Okay. At a trial, everyone in the courtroom would be required to presume your innocence, that's because it would be the job of the Government to persuade a Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 11 of 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 12 jury beyond a reasonable doubt of each element of the two crimes that you've been charged with. You would also have a right to hear the Government's witnesses, to see the Government's evidence, and have your lawyer question the Government witnesses -- that's what we call cross-examination -- possibly bring out information that would be useful to you. You have those rights, do you understand that? THE DEFENDANT: Yes, ma'am, I understand. THE COURT: All right. You have a choice on how to defend yourself at trial. You could get on the witness stand and testify. You could call witnesses. You could have subpoenas issued to anybody who you think might have information that could assist you in your defense and that would compel their attendance at trial, and you could call those witnesses. You could put evidence before the Court. Or you could do none of that. You could sit there silently and have your lawyer, you know, challenge the Government's evidence to see if it has done its job of persuading a jury beyond a reasonable doubt of your guilt. Both are acceptable ways to defend one self at trial. Do you understand that? THE DEFENDANT: Yes, ma'am, I do, Your Honor. THE COURT: Okay. By pleading guilty today you give up each of the rights I've just summarized for you. Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 12 of 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 13 Do you understand that? THE DEFENDANT: Yes, I do, Your Honor. THE COURT: Okay. Very good. The crimes you're pleading guilty to are felonies. Under our laws, when someone is convicted of a felony, it typically causes the state authorities to withdraw certain civil rights that we have, such as the right to vote, hold public office, sit on a jury and possess a firearm. So I need you to understand a consequence of pleading guilty is that you are likely to lose some of your important civil rights. Do you understand that? THE DEFENDANT: Yes, ma'am. THE COURT: Okay. THE DEFENDANT: Never had a firearm in my life. I don't have guns. THE COURT: Okay. Well, that's good. Were you born in the United States? THE DEFENDANT: I was born in Cuba. THE COURT: What is your status in this country? THE DEFENDANT: I've been an American citizen since 1976. THE COURT: Okay. I think it is very unlikely that your conviction would cause you any trouble with your status in this country, but because I am not certain of it, I'm telling you that a felony conviction could cause U.S. Immigration Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 13 of 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14 authorities to re-evaluate your citizenship; and if that were to happen, it's conceivable that you could have it revoked and that you would be ordered removed from the country. So, I need to advise you that that is a possibility. Do you understand that? THE DEFENDANT: Yes, ma'am. THE COURT: Okay. MR. LEVIN: Your Honor, could I have one minute with Mr. Vazquez? THE COURT: Sure. MR. LEVIN: Thank you. (Counsel and defendant had discussion off the record.) MR. LEVIN: Your Honor, I wanted to have Mr. Vazquez and myself clarify something that was stated earlier. You had asked Mr. Vazquez about a firearm, and then you advised him that he would not be able to possess a firearm as a result of being convicted in his case. And he stated something to the effect that he's never owned a firearm and had a firearm. When he got arrested -- I want Mr. Vazquez to clarify this for the Court and for the record, since he's under oath, I want him to clarify that previous statement. THE DEFENDANT: Your Honor, I would like to clarify it for the record, respectfully, that I never owned a firearm, but then when I was arrested they served a search warrant and a Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 14 of 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15 firearm was found at the address where the search warrant was served, and it was not mine. I'm sure they did a background check or whatever, and it was my ex -- my mother's ex -- my stepfather, my ex-stepfather. My mother passed away. So I just wanted to make sure for the record that you know that it's not mine. I had no idea it was there. I was not at the apartment. I didn't even reside there. So, just for the record -- THE COURT: Right. THE DEFENDANT: -- so I don't come across as a liar, I want to make sure that you're aware of that situation, as Mr. O'Byrne as well. THE COURT: Okay. All right. You have a very good lawyer, Mr. Vazquez. THE DEFENDANT: The best in the world. THE COURT: He's looking out for you. THE DEFENDANT: Yes, ma'am. THE COURT: Okay. THE DEFENDANT: Mr. O'Byrne is a great gentleman, too. He's helped me a lot as well. THE COURT: Good, I'm glad to hear that. MR. O'BYRNE: Your Honor, also, before we move on to the next section, I know we weren't able to confirm exactly Mr. Vazquez's immigration status because it's a very common name, so, I guess, can we do the full, you know, I guess plea Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 15 of 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 colloquy on this point, so if he is a citizen or not a citizen, so we've covered both bases? THE COURT: I'm sorry, what else did you want me to ask? MR. O'BYRNE: Just to say that if he's not a citizen, he may be removed from this country. And again, I don't -- we weren't able to confirm one way or the other. THE COURT: Right. Well, okay. Right. Mr. Vazquez, I was relying upon what you told me, that you are a citizen. THE DEFENDANT: Yes, ma'am. THE COURT: I mean, if for some reason you're not, if that were wrong -- THE DEFENDANT: Yes, ma'am. THE COURT: -- the probability that you would be removed from this country would be much greater than if you are one. THE DEFENDANT: Yes. THE COURT: The point here is the Court does not have the authority over immigration matters. That's left for immigration authorities, so I have no insight beyond this. THE DEFENDANT: Your Honor -- THE COURT: Listen to me. THE DEFENDANT: Your Honor -- yes. Yes. THE COURT: Listen to me. You're pleading guilty to a felony, and it could cause the immigration authorities to take Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 16 of 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17 a look at your status in this country and could lead to an order of removal from this country, and I'm going to leave it at that. Do you understand that? THE DEFENDANT: Yes, ma'am. THE COURT: Okay. All right. So, the indictment -- I have a copy of the indictment, it was filed with the Court on April 16th. It has two counts of wire fraud. It is six pages long. Mr. Vazquez, have you read that indictment carefully, and I'm going to guess, maybe multiple times? THE DEFENDANT: Yes, ma'am. THE COURT: Have you reviewed it with your attorney, Mr. Levin? THE DEFENDANT: Yes, ma'am, thoroughly. THE COURT: Do you feel you understand what you've been accused of? THE DEFENDANT: Yes, I do, Your Honor. THE COURT: Okay. Now, I also see this -- I also have this plea page, factual basis in support of plea document; and on the third page, it has a signature above your name, Mr. Vazquez, with today's date. Do you have a copy -- you're looking at a copy of it; am I right? THE DEFENDANT: (Witness holding up document for Judge to see via Zoom screen.) Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 17 of 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 18 THE COURT: Very good. All right. Is that your signature above your name? THE DEFENDANT: Yes, I signed that right here in the presence of Mr. Levin. THE COURT: This morning? THE DEFENDANT: Yes, ma'am. THE COURT: And did you read every word of it? THE DEFENDANT: Yes, I did. THE COURT: Do you feel you understand what is in this factual proffer? THE DEFENDANT: Yes, I do, Your Honor. THE COURT: Do you agree that what's in there is the truth? THE DEFENDANT: Yes, Your Honor, I agree. THE COURT: Okay. All right. So what I would want, I think, the Government to do is to tell us what the elements are of wire fraud. There are two wire fraud charges against you, Mr. Vazquez. And I understand, you are pleading guilty to both charges -- to everything that is in that indictment? THE DEFENDANT: Yes, ma'am. THE COURT: Correct? THE DEFENDANT: Yes, ma'am. THE COURT: Okay. Okay. Then next we'll go to the elements. THE DEFENDANT: What did she say? Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 18 of 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 19 THE COURT: We'll go to the elements. On the forfeiture allegation -- there is a forfeiture allegation after the two charges, and it asks that the defendant have to forfeit any property that he got from his illegal conduct. Am I right that you are agreeing to do that? THE DEFENDANT: That I obtained from having to do with this? THE COURT: Yes. THE DEFENDANT: Yes, I agree to give, yes, any property that I obtained from this, yes, ma'am -- not before, that I did have since '85. THE COURT: No. No. All right, let's talk about forfeiture. THE DEFENDANT: Yes, ma'am. THE COURT: We're getting ahead here a little bit, but I understand that by fraud you received a lot of money in a PPP loan illegally; correct? THE DEFENDANT: Yes. THE COURT: Okay. Now, if you still had that money, you would have to give that money back, that would be forfeiture. Do you understand that concept? THE DEFENDANT: I understand. THE COURT: If you used that money to buy yourself something -- I'm just going to give you an example, if you used Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 19 of 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20 it to buy a car -- THE DEFENDANT: Yes. THE COURT: -- you would have to give the car back to the Government. Do you understand that? THE DEFENDANT: Yes, I fully understand. THE COURT: So either the assets themselves that you got illegally -- or what we call "substitute property" -- things that you used the money to get, you're agreeing to give that back to the Government? THE DEFENDANT: Absolutely. THE COURT: Okay. THE DEFENDANT: Absolutely. I did not buy or obtain absolutely nothing. THE COURT: Okay. Well, I'm just making sure you understand the idea of forfeiture and what you're agreeing to about forfeiture. THE DEFENDANT: I understand anything that I done before this -- or after this happened, I am responsible to give back to -- I fully understand. THE COURT: Giving back to the Government? Okay. So, going backwards, now let's go to the two crimes that are charged in the indictment, and I'd like Government counsel to tell us all what the elements are of wire fraud. Now, what we'll do, Mr. Vazquez, when Congress says it is illegal for us to do something, we want to break that down Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 20 of 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 into parts, and we call it the "elements of the offense." All right. It's pretty important and pretty technical, because the Government -- they have to prove you guilty, the Government would have to convince a jury beyond a reasonable doubt each element of the offense. Do you understand that concept? THE DEFENDANT: Yes, Your Honor. THE COURT: So before we talk about the indictment, I want to be clear what it is that the Government would have to prove for you to be found guilty of the two charges in the indictment. So, go ahead, Government counsel. MR. O'BYRNE: To establish these charges, the United States must prove the following elements beyond a reasonable doubt: First, the defendant knowingly devised or participated in a scheme to defraud someone by using false or fraudulent pretenses, representations, or promises. Second, the false pretenses, representations, or promises were material. Third, the defendant acted with the intent to defraud. And fourth, the defendant transmitted or caused to be transmitted by wire some communication in interstate commerce to help carry out the scheme to defraud. THE COURT: Okay. So you have already told me that you read every word of the indictment, Mr. Vazquez, and you understand what you've been accused of. Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 21 of 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 22 Do you agree that what's in that indictment is the truth? THE DEFENDANT: Yes, Your Honor, I do. THE COURT: Okay. So you are charged with wire fraud, and there are two particular dates that you were engaging in wire fraud. The first was June 30th of 2020. And what did you do on June 30th of 2020? Do you remember? On June 30th of 2020. THE DEFENDANT: June 30th of 2020? THE COURT: Yes. THE DEFENDANT: Give my information and my social security and -- THE COURT: Here's what the indictment says: That on that date you submitted to a lender -- and through the lender to this Small Business Administration -- that's the way it works -- a false PPP loan application for a company you had, Big League, LLC. THE DEFENDANT: Yes, I did, through another individual, ma'am, yes, I did. THE COURT: You said "through another individual?" THE DEFENDANT: He's named on the indictment. THE COURT: Okay. Individual one. MR. LEVIN: Individual number one. THE COURT: That's right, I understand that you worked hand-in-hand with individual number one to do this; is that Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 22 of 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 23 right? THE DEFENDANT: Okay. Yes, ma'am. THE COURT: Okay. On June 30th you submitted this application to get a PPP loan for your business called Big League, LLC; is that right? THE DEFENDANT: Yes, ma'am. THE COURT: Okay. And this says it was over the internet, I think; right? Is it the internet -- internet application? THE DEFENDANT: Yes. THE COURT: Correct, okay. So -- the internet. THE DEFENDANT: Yes, ma'am. THE COURT: So that was a wire communication in interstate or foreign commerce. Do you understand that? THE DEFENDANT: Yes, ma'am. THE COURT: Okay. So, on June 30th you submitted this phony application, an application that had false information, for PPP loan using the internet, that meant it was a wire and interstate foreign communication. Do you understand that? MR. LEVIN: Your Honor, can I have a minute with Mr. Vazquez? THE COURT: Yes. Yes. (Counsel and defendant had discussion off the record.) MR. LEVIN: Your Honor, Mr. Vazquez is suggesting -- not suggesting -- he's telling you that he doesn't know if it Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 23 of 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 24 was through the internet or through fax -- THE COURT: Okay. MR. LEVIN: -- but he does know that it was a company that was -- is not in Florida. THE COURT: Okay. A company that was what? MR. LEVIN: Not in Florida, not located in Florida. THE COURT: Okay. All right. So whether or not it was by internet or by fax -- that's a fair point, that would be a communication though interstate commerce, by wire. Do you understand that, Mr. Vazquez? THE DEFENDANT: Yes, I do, Your Honor. THE COURT: Okay. All right. And I see that on July 6th of 2020 you got a deposit electronically from this bank, right, which was lending the money for the Government of $921,875, and it went into the account that you created at Chase for Big League, LLC? THE DEFENDANT: Yes, ma'am. THE COURT: Is that right? THE DEFENDANT: Yes, ma'am. THE COURT: And that was the PPP loan monies that you got, correct, that came to you -- and again, that would be a wire communication in interstate commerce. THE DEFENDANT: Yes, ma'am. THE COURT: Does that make sense? THE DEFENDANT: Yes, ma'am. Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 24 of 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 THE COURT: Okay. I understand that in your application you made some false statements to get this loan; is that true? THE DEFENDANT: Yes, ma'am. THE COURT: Okay. And let me ask Mr. O'Byrne if you have a preference here. We could go right into the proffer, because the proffer, I think, covers the indictment. I don't want to re-read the indictment. Any thoughts, Mr. O'Byrne? MR. O'BYRNE: Yeah, I think that makes sense, if you want either me or Mr. Levin to read the factual proffer. I mean, I know we usually do it, but Albert Levin has the copy that was signed by Mr. Vazquez; and either way, one of us can read it, the other one can read off what we have. THE COURT: Okay. So let's do that, okay, in particular, because I want to be 1,000 percent certain that the factual proffer you signed is the one I have in front of me and the one we're talking about. And so, Mr. Levin, why don't you read it and stop at certain points and I will ask Mr. Vazquez, are these statements in the proffer true. MR. LEVIN: Listen to what I'm saying. It says, the United States of America versus Carlos Vazquez. THE COURT: Remember the court reporter has to keep up Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 25 of 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 with you. MR. LEVIN: Okay, I'll -- that's true. I forget there was a court reporter somewhere here. Factual Basis in Support of Plea. Defendant, Carlos Vazquez, his counsel and the United States agree that had this case proceeded to trial the United States would have proven the following facts beyond a reasonable doubt: At all material times defendant is and was the CEO and 100 percent owner of Big League, LLC. On or about June 30th, 2020, defendant, with the assistance of individual number one, submitted an application for a Paycheck Protection Program loan in the amount of $921,875 on behalf of Big League to a Georgia-based internet loan processor and PPP lender, lender number one. The note in the amount of $921,875 was executed on the same day and contained defendant's docu-signed signature. This application was transmitted in interstate commerce by defendant and individual number one from Miami, Florida, to Georgia. This application contains a number of materially false statements that defendant and individual number one knew to be untrue at the time they submit it. THE COURT: Let me stop you right there. Mr. Vazquez, do you understand everything that we've Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 26 of 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 just read? THE DEFENDANT: Yes, ma'am, Your Honor. THE COURT: Do you agree that what Mr. Levin just said is true? THE DEFENDANT: Yes, ma'am. THE COURT: Okay. Now we're going to turn to some of the false statements in the application. Go ahead, Mr. Levin. MR. LEVIN: Specifically, the application certifies that the applicant Big League was in operation on February 15th, 2020, and had employees for whom it paid salaries and payroll taxes, or paid independent contractors, as reported on Form 1099-miscellaneous. The application states that Big League's average monthly payroll is $368,750. The application states that Big League has 64 employees. A purported IRS Form W-3 for the 2019 tax year was submitted in support of the application, which claims Big League paid wages in the amount of $4,425,000. THE COURT: Let me stop you there. So there, on that document that you've signed, Mr. Vazquez, your lawyer has just read four statements, four bullet points. Were all of those statements made in the application? THE DEFENDANT: Yes, ma'am, Your Honor. THE COURT: Okay. Go ahead, Mr. Levin. Thank you. Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 27 of 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 28 MR. LEVIN: As of February 15th, 2020, Big League was not in operation and did not have employees or payroll. Big League has never registered to file taxes in Florida with the Florida Department of Revenue. Thus, the representations defendant and individual number one made to lender number one were false, and defendant and individual number one intended to defraud lender one. THE COURT: Mr. Vazquez, is that true, that you and this other person you were working with knew that you were trying to defraud the Government in unlawfully getting this PPP loan? THE DEFENDANT: Yes, Your Honor. THE COURT: Go ahead, Mr. Levin. Thank you. MR. LEVIN: Sure. A few days after reinstating Big League, on June 29th, 2020, defendant opened a Chase business account for Big League. Defendant was the sole signatory on the account. Chase bank's business records show that on June 30th, 2020, someone logged into defendant Chase business account for Big League from the same IP address -- 172.58.11.67 -- that was used to apply for the PPP loan that day. A week later, on July 6th, 2020, $921,875, in PPP loan funds were deposited into this Chase bank account in Miami, Florida, from outside the State of Florida by lender number one. Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 28 of 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 29 From September 21, 2020, until the end of the year, defendant issued hundreds of checks, almost all in the approximate amount of $1,494 from Big League's account. These checks purport to be payroll checks and had monies and amounts for FICA, SS and Medicare. THE COURT: Am I right, Mr. Vazquez, that those checks really were not payroll? MR. LEVIN: Is the Court correct in stating that those checks were not really payroll? THE DEFENDANT: Yes, Your Honor. MR. LEVIN: The above-described facts only serve as a summary of the evidence in this case and is not intended to be an exhaustive account of all the information available to the Government and the defendant concerning the offenses charged in the indictment. One, Antonio Gonzalez, acting United States Attorney, by -- and Mr. Robert O'Byrne has signed a copy that the Court now has, obviously, showing my signature and Mr. Vazquez's signature on today's date of 9-13-2021. THE COURT: All right. MR. LEVIN: Your Honor, Mr. Vazquez would like a moment. THE COURT: Okay. MR. LEVIN: Do you want a conference with me? Excuse me one second. Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 29 of 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 30 THE COURT: Okay. Okay. (Counsel and defendant had discussion off the record.) MR. LEVIN: Your Honor -- THE COURT: Yes. MR. LEVIN: -- to clarify something that Mr. Vazquez said. When we were reviewing the factual proffer, specifically: The application certified that Big League was in operation on February 15th, 2020, and it had employees for whom it paid salaries. The case is that he did not have employees prior to receiving the proceeds of this loan. However, when he got the loan, the checks that he wrote were, in fact, for payroll. So they were for payroll. After he received the loan, he was paying payroll. Before he received the loan, he never had a payroll, which was a fraudulent misrepresentation made on the application. But when he did get the proceeds, he did, in fact, pay people for work that they were actually performing. That's what he wanted me to clarify; is that correct, Mr. Vazquez? THE DEFENDANT: Yes, that's absolutely correct. THE COURT: Mr. O'Byrne, any issue there? MR. O'BYRNE: Your Honor, I don't think so. I don't think it changes the fraud with respect to the submission of Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 30 of 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 31 the application. THE COURT: Right, okay, that makes sense to me. THE DEFENDANT: I agree with Mr. O'Byrne as well. THE COURT: Okay. All right. So let me ask, Mr. O'Byrne, what are the penalties for wire fraud? MR. O'BYRNE: Certainly, Your Honor. The maximum sentence is 20 years, even though the Stafford Act authorizes 30 years, that's not applicable for a PPP loan -- THE COURT: Okay. MR. O'BYRNE: -- as per the recent guidance we've gotten, so it would be 20 years. THE COURT: Okay. THE DEFENDANT: Did he say 30 years? MR. LEVIN: 20 years, 2-0. MR. O'BYRNE: Now, 20, 2-0, is the maximum with 30-year enhancement for a Stafford Act violations does not apply in this context based on our most recent guidance. Also, a fine of up to one million dollars, up to five years of supervised release, and a special assessment of $100 per count. THE COURT: So there's no mandatory minimum supervised release? It's an up-to? MR. O'BYRNE: I believe so, Your Honor. THE COURT: Okay, that makes sense. All right. Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 31 of 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 32 So, Mr. Vazquez -- THE DEFENDANT: Yes, ma'am. THE COURT: -- you understand, sir, at sentencing, Judge Middlebrooks -- the authority that Congress gives him is the following: He could sentence you to a period of incarceration on one or both counts that you're admitting to, and with the authority he has from Congress is any period of time from no time in prison up to 20 years. Do you understand that that's the range of power that Judge Middlebrooks has to sentence you to prison on each count? THE DEFENDANT: Yes, I do, Your Honor. THE COURT: So, in theory, I think this is quite unlikely, but in theory, he could sentence you to 20 years on Count 1 and 20 years on Count 2, given the authority to sentence you to 40 years incarceration. Do you understand that Congress gave him that power? THE DEFENDANT: Yes, Your Honor. THE COURT: Okay. Now, he can also order that you pay a fine of any amount, from zero dollars up to a million dollars. Again, since you have two counts, that means that Congress gave Judge Middlebrooks the authority to order a fine of up to two million dollars. Do you understand that? THE DEFENDANT: Yes, I do, Your Honor. Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 32 of 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 33 THE COURT: So after any period of incarceration, Judge Middlebrooks could sentence you to a period of supervision by the probation office. We call that "supervised release." It could be from no time at all up to five years of being under supervision of probation. So again, I think, he could make it 10 years because of the two counts. It's unlikely, but that's his authority. Do you understand that? THE DEFENDANT: Yes, I do, Your Honor. THE COURT: Okay. You also would be expected to pay on your sentencing date a $100 special assessment for each count, so that is $200 that you're going to have to pay as a special assessment. Do you understand that? THE DEFENDANT: I can pay it right now, Your Honor. THE COURT: Yeah, but that's for your sentencing date. THE DEFENDANT: Okay. THE COURT: Okay. So have you understood the penalties that I've set? THE DEFENDANT: Yes, Your Honor. THE COURT: Okay. Now let's talk about the sentencing guidelines; is that something your lawyers have talked to you about? (Cellular interruption.) MR. LEVIN: Your Honor, one moment. One second. (Brief pause in the proceedings.) Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 33 of 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 34 THE COURT: You heard something about the sentencing guidelines before; am I right? THE DEFENDANT: Yes, Your Honor. THE COURT: Okay. So here's how I'm going to summarize it. There are a series of rules that Congress requires this Court to follow to do a numerical calculation that reflects what you actually did to commit the crime. And so at this point, you start with a starting number and points get added or subtracted based on the particular circumstances of the crimes that you've committed. And at the end of that calculation there will be a final number called the "adjusted offense level," and my guess is Mr. Levin has shown you the back page of the sentencing guideline book that has a chart that shows on the left numbers and it corresponds to recommended periods of incarceration. Does all that sound familiar to you? Mr. Vazquez, what I described to you, does that sound familiar? THE DEFENDANT: Yes, ma'am. THE COURT: Okay. So what's important to understand is, that the Court will do a calculation under the sentencing guidelines. In fact, you will meet shortly with a probation officer who will sit down with you and will get information from you, and she or he will do the same thing with the Government, and the probation officer will prepare a report Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 34 of 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 35 that you'll get to see before your sentencing. And an important part of that report is the probation officer will do a calculation of the sentencing guidelines. Judge Middlebrooks will get this. If anybody thinks the probation office made some mistakes, it's up to Judge Middlebrooks. In the end, he decides what the sentencing guideline calculation is, and then he is obligated to give it a lot of thought to following the recommendation of the sentencing guidelines. If he does, and he imposes a sentence that is within the proposed ranges of punishment -- and I'm talking now about incarceration, a fine, supervision, by probation, the guidelines will propose what punishment in each of those categories should be applied -- if he follows the sentencing guidelines, he will be sentencing you within the proposed guideline range. Do you understand that concept? THE DEFENDANT: Yes, ma'am, Your Honor, I do. THE COURT: Is it making sense? THE DEFENDANT: Yes, sir -- Your Honor, ma'am. THE COURT: Okay. Now, there are circumstances, however, where Judge Middlebrooks can depart, or vary, from what the guidelines propose. So he could give you a lighter sentence than they propose or a heavier one. He has that authority. Do you understand that? THE DEFENDANT: Yes, Your Honor. Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 35 of 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 36 THE COURT: Okay. Now, I want to get to something pretty important. As you sit here today, Mr. Vazquez, when you plead guilty, you do not have any assurance, any guarantee of what the penalty will be that will be imposed at your sentence. The only thing you know is that it can't be more than those maximum penalties I told you about. THE DEFENDANT: I understand, Your Honor, yes. THE COURT: Do you understand that? THE DEFENDANT: Yes, ma'am. THE COURT: Okay. Now, I am also going to guess that you've asked Mr. Levin and maybe your private lawyers -- prior lawyers, and who knows -- THE DEFENDANT: Oh, he was terrible. THE COURT: Well, let's just -- THE DEFENDANT: He -- from the beginning, he was -- THE COURT: Could you stay with me, Mr. Vazquez, listen to what I'm saying. THE DEFENDANT: Okay. THE COURT: I'm going to guess that you have asked your attorneys for their opinion about the sentence that Judge Middlebrooks will impose. If I were in your shoes, I would be asking my lawyers those questions. And if you had that conversation -- which is private, and I don't want you to share it with me -- but if you did, your lawyers would have given their best educated guess of Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 36 of 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 37 what Judge Middlebrooks will do at sentencing. And it is only that, it's a guess. And I just want to be clear with you, sir, that any hopes or expectations you have about how Judge Middlebrooks will treat you at your sentencing are only hopes and expectations, and any opinions you've gotten from your lawyers are only opinions. And I need you to be very clear about this, that the sentence that Judge Middlebrooks imposes is his decision alone to make; and if you don't like it, you can't withdraw your guilty plea. So the point I'm making here is, you have some unknowns, and even though there are -- this important question of your sentence is unknown, what you're doing today is final; it's a final decision, regardless of how your sentencing turns out. Do you feel you understand what I've just said, sir? THE DEFENDANT: Yes, ma'am, I do, Your Honor. THE COURT: Okay. Okay. Now I know there's no written plea agreement between you and the Government, but still I need to ask you, has anyone, the Government, any other person, made any promise to you or maybe even pressured you or threatened you to persuade you to plead guilty, has anything like that happened? THE DEFENDANT: Not with Mr. Levin, Your Honor. My previous attorney, yes. But not Mr. Levin. Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 37 of 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 38 The other attorney was a liar. He's a liar. THE COURT: I'm putting aside your fine attorney that you have now. THE DEFENDANT: Correct. THE COURT: Has anybody else, from the Government, anyone else pressured you or talked you into pleading guilty today? THE DEFENDANT: No, Your Honor. THE COURT: Is it fair to say then that after educating yourself with the assistance of your counsel and in getting your questions answered, and being able to get your counsel's advice, that your decision to plead guilty today is yours alone, and it's voluntary; is that true? THE DEFENDANT: One second, please. THE COURT: All right. (Counsel and defendant had discussion off the record.) THE COURT: Mr. O'Byrne, I cut you off, and I think my double-checking on the list of this, I think we have covered everything. MR. O'BYRNE: Yeah, let me just check my rule book, too. THE COURT: Okay. Where was I? I think I was asking if this decision was yours alone and if it was voluntary. THE DEFENDANT: Yes, it is, Your Honor, and it's my decision alone. And I'm happy with my advice from my lawyer, Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 38 of 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 39 as I am with Mr. O'Byrne, I'm happy with Your Honor. THE COURT: The point I'm interested in right now is not how happy you are with them, but if you are not being coerced, or pressured, or promised something to get you to plead guilty; is that a fair statement? THE DEFENDANT: Yes, Your Honor. THE COURT: Okay. I think I've covered everything. Anything else, Mr. O'Byrne? MR. O'BYRNE: I think that's it, Your Honor. THE COURT: Mr. Levin, anything else? MR. LEVIN: I think you covered everything. THE COURT: All right, good. Let me ask you -- and this is the final question -- Mr. Vazquez, how do you plead to Counts 1 and 2 of the indictment, guilty or not guilty? THE DEFENDANT: I plead guilty, Your Honor. THE COURT: Okay. So what I'm going to do is prepare a report and recommendation for Judge Middlebrooks. I will tell him that I certainly think you are mentally competent, you're intelligent, that you understand your options and the choice that you made, and that it's voluntary. I will tell Judge Middlebrooks that I do think that there is evidence that could cause a jury to find you guilty of these charges, and I will recommend that he accept your guilty plea. Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 39 of 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 40 He has notified me that your sentencing date is November 16th, at 1:15 p.m., in Miami, before him, and you will get a written notice, but you can go ahead and make a note of that now. Okay. We will file -- I think -- oh, interesting, do I have the plea agreement that -- excuse me, the factual proffer -- Mr. O'Byrne, did you sign the same document that they signed? MR. O'BYRNE: Yes, Your Honor, I signed the same document they signed, and I -- let me just check, I think I sent it to Nicole, and at 10:47 a.m. this morning. Would you like me to -- THE COURT: Okay. Yes, I've got it here. So we will file that. We have it. We will file it. Okay. We're adjourned. Thank you very much. MR. LEVIN: Your Honor, thank you. (Proceedings concluded at 11:53 a.m.) C E R T I F I C A T E I hereby certify that the foregoing is an accurate transcription of the proceedings in the above-entitled matter via "Zoom" during Covid-19. October 31st, 2021 Glenda M. Powers GLENDA M. 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5:10 hospitalized [2] - 6:1, 6:19 Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 43 of 47 hundreds [1] - 29:2 I ICU [2] - 6:19, 6:23 idea [3] - 5:17, 15:6, 20:15 illegal [2] - 19:5, 20:25 illegally [2] - 19:18, 20:7 illness [6] - 5:2, 5:16, 5:19, 5:20, 6:16 Immigration [1] - 13:25 immigration [4] - 15:24, 16:19, 16:20, 16:25 important [7] - 4:12, 13:10, 21:2, 34:20, 35:2, 36:2, 37:13 impose [1] - 36:21 imposed [1] - 36:4 imposes [2] - 35:10, 37:9 incarceration [5] - 32:6, 32:16, 33:1, 34:15, 35:12 independent [1] - 27:12 indictment [15] - 17:5, 17:6, 17:9, 18:19, 20:22, 21:7, 21:10, 21:24, 22:1, 22:13, 22:21, 25:7, 25:8, 29:15, 39:15 individual [10] - 22:18, 22:20, 22:22, 22:23, 22:25, 26:12, 26:19, 26:22, 28:5, 28:7 information [6] - 12:6, 12:14, 22:11, 23:17, 29:13, 34:23 innocence [2] - 11:15, 11:24 insight [1] - 16:20 insist [1] - 11:15 instance [1] - 3:22 intelligent [1] - 39:20 intended [2] - 28:7, 29:12 intent [1] - 21:19 interested [1] - 39:2 interesting [1] - 40:5 internet [8] - 23:8, 23:9, 23:11, 23:18, 24:1, 24:8, 26:14 interruption [2] - 8:5, 33:23 interstate [6] - 21:21, 23:14, 23:19, 24:9, 24:22, 26:18 IP [1] - 28:20 IRS [2] - 2:12, 27:16 issue [2] - 9:23, 30:23 issued [2] - 12:13, 29:2 J job [2] - 11:25, 12:19 Judge [18] - 5:6, 8:2, 8:4, 8:8, 11:3, 17:24, 32:4, 32:11, 32:23, 33:1, 35:6, 35:21, 36:20, 37:1, 37:4, 37:9, 39:18, 39:22 JUDGE [1] - 1:12 judge [5] - 5:24, 8:3, 8:6, 8:9, 35:4 July [2] - 24:13, 28:22 June [9] - 22:6, 22:7, 22:8, 22:9, 23:3, 23:16, 26:11, 28:15, 28:18 jury [6] - 11:15, 12:1, 12:20, 13:7, 21:4, 39:23 justice [1] - 8:25 justification [1] - 8:24 K keep [1] - 25:25 knowingly [1] - 21:14 knows [1] - 36:12 L last [3] - 5:9, 7:19, 9:24 laws [1] - 13:4 lawyer [6] - 8:12, 12:5, 12:18, 15:14, 27:21, 38:25 lawyers [7] - 10:21, 33:21, 36:11, 36:12, 36:22, 36:25, 37:6 lead [1] - 17:1 League [14] - 22:17, 23:5, 24:16, 26:10, 26:14, 27:10, 27:16, 27:18, 28:1, 28:3, 28:15, 28:16, 28:20, 30:7 League's [2] - 27:14, 29:3 leave [1] - 17:2 left [2] - 16:19, 34:14 legal [3] - 4:7, 10:20, 11:11 lender [7] - 22:14, 22:15, 26:15, 28:6, 28:7, 28:24 lending [1] - 24:14 level [1] - 34:12 Levin [22] - 2:18, 3:1, 3:12, 8:15, 9:9, 10:3, 10:23, 11:17, 17:13, 18:4, 25:11, 25:12, 25:19, 27:3, 27:8, 27:25, 28:13, 34:13, 36:11, 37:24, 37:25, 39:10 LEVIN [38] - 1:19, 1:19, 2:17, 3:6, 3:10, 5:24, 6:1, 6:6, 6:14, 8:6, 8:17, 9:15, 9:20, 10:1, 10:5, 14:8, 14:11, 14:13, 22:23, 23:20, 23:24, 24:3, 24:6, 25:22, 26:2, 27:9, 28:1, 28:14, 29:8, 29:11, 29:21, 29:24, 30:3, 30:5, 31:15, 33:24, 39:11, 40:15 liar [3] - 15:10, 38:1 life [4] - 5:11, 7:1, 7:3, 13:14 light [1] - 5:24 lighter [1] - 35:22 likely [1] - 13:10 line [1] - 2:13 list [1] - 38:18 Listen [1] - 16:22 listen [3] - 16:24, 25:22, 36:16 liver [1] - 5:12 LLC [4] - 22:17, 23:5, 24:16, 26:10 loan [16] - 19:18, 22:16, 23:4, 23:18, 24:20, 25:2, 26:13, 26:15, 28:11, 28:21, 28:22, 30:11, 30:12, 30:14, 30:15, 31:9 located [1] - 24:6 logged [1] - 28:19 look [1] - 17:1 looking [2] - 15:16, 17:22 lose [2] - 7:3, 13:10 lost [2] - 5:11, 6:25 M ma'am [54] - 2:25, 4:3, 4:11, 4:18, 4:20, 4:22, 4:25, 5:3, 5:14, 5:21, 6:21, 7:18, 7:22, 7:25, 8:14, 9:2, 9:8, 10:12, 11:4, 11:8, 12:9, 12:23, 13:12, 14:6, 15:17, 16:10, 16:13, 17:4, 17:11, 17:14, 18:6, 18:20, 18:22, 19:11, 19:15, 22:19, 23:2, 23:6, 23:12, 23:15, 24:17, 24:19, 24:23, 24:25, 25:4, 27:2, 27:5, 27:24, 32:2, 34:19, 35:17, 35:19, 36:9, 37:17 MAGISTRATE [1] - 1:12 mandatory [1] - 31:22 material [2] - 21:18, 26:9 materially [1] - 26:21 matter [1] - 40:20 matters [1] - 16:19 maximum [3] - 31:7, 31:16, 36:6 MCALILEY [1] - 1:11 McAliley [1] - 2:4 mean [4] - 3:19, 9:15, 16:11, 25:12 means [1] - 32:22 meant [1] - 23:18 Medicare [1] - 29:5 medicated [1] - 7:6 medication [4] - 5:9, 5:14, 7:11, 7:17 medications [3] - 5:8, 6:4, 7:20 medicine [1] - 7:14 meet [1] - 34:22 mental [8] - 5:2, 5:16, 5:19, 5:20, 6:3, 6:16, 6:18, 7:6 mentally [1] - 39:19 MIAMI [1] - 1:2 Miami [9] - 1:17, 1:21, 1:25, 1:25, 26:19, 28:23, 40:2, 40:25, 40:25 Middlebrooks [18] - 5:6, 8:2, 8:4, 8:8, 11:3, 32:4, 32:11, 32:23, 33:2, 35:4, 35:6, 35:21, 36:21, 37:1, 37:4, 37:9, 39:18, 39:22 might [5] - 3:22, 10:17, 10:18, 12:13 million [3] - 31:19, 32:20, 32:24 mine [2] - 15:2, 15:6 minimum [1] - 31:22 44 minute [2] - 14:8, 23:20 minutes [1] - 3:17 misrepresentation [1] - 30:16 mistakes [1] - 35:6 moment [2] - 29:22, 33:24 Monday [1] - 1:5 money [6] - 19:17, 19:20, 19:21, 19:24, 20:8, 24:14 monies [2] - 24:20, 29:5 monthly [1] - 27:15 morning [8] - 2:5, 2:10, 2:17, 2:21, 2:22, 3:12, 18:5, 40:10 most [1] - 31:18 mother [1] - 15:4 mother's [1] - 15:3 move [1] - 15:22 MR [54] - 2:10, 2:15, 2:17, 3:6, 3:10, 3:16, 3:20, 5:24, 6:1, 6:6, 6:14, 8:6, 8:17, 8:19, 9:15, 9:20, 10:1, 10:5, 10:8, 14:8, 14:11, 14:13, 15:22, 16:5, 21:11, 22:23, 23:20, 23:24, 24:3, 24:6, 25:10, 25:22, 26:2, 27:9, 28:1, 28:14, 29:8, 29:11, 29:21, 29:24, 30:3, 30:5, 30:24, 31:6, 31:11, 31:15, 31:16, 31:24, 33:24, 38:20, 39:9, 39:11, 40:8, 40:15 multiple [1] - 17:10 must [1] - 21:12 N name [3] - 15:25, 17:20, 18:2 named [1] - 22:21 nearly [1] - 5:11 necessarily [1] - 6:6 need [10] - 3:23, 5:15, 10:13, 10:21, 11:6, 11:11, 13:9, 14:4, 37:8, 37:19 needed [1] - 11:9 never [5] - 13:14, 14:18, 14:24, 28:3, 30:15 new [1] - 6:10 Case 1:21-cr-20231-DMM Document 54 Entered on FLSD Docket 11/06/2021 Page 44 of 47 next [2] - 15:23, 18:23 Nicole [2] - 3:17, 40:10 NO [1] - 1:2 none [1] - 12:17 North [2] - 1:25, 40:25 Northeast [1] - 1:16 note [2] - 26:16, 40:3 nothing [1] - 20:13 notice [1] - 40:3 notified [1] - 40:1 November [1] - 40:2 number [13] - 22:23, 22:25, 26:12, 26:15, 26:19, 26:21, 26:22, 28:6, 28:7, 28:24, 34:8, 34:12 Number [1] - 2:6 numbers [1] - 34:14 numerical [1] - 34:6 NW [1] - 1:20 O O'BYRNE [19] - 1:15, 2:10, 2:15, 3:16, 3:20, 8:19, 10:8, 15:22, 16:5, 21:11, 25:10, 30:24, 31:6, 31:11, 31:16, 31:24, 38:20, 39:9, 40:8 O'Byrne [18] - 2:11, 3:13, 8:18, 9:5, 10:6, 11:1, 15:12, 15:19, 25:5, 25:9, 29:17, 30:23, 31:3, 31:5, 38:17, 39:1, 39:8, 40:7 oath [2] - 4:7, 14:21 objection [2] - 8:19, 9:6 obligated [1] - 35:8 obligation [1] - 4:6 obtain [1] - 20:12 obtained [2] - 19:7, 19:11 obviously [1] - 29:18 October [1] - 40:22 OF [5] - 1:1, 1:4, 1:10, 1:15, 1:19 offense [3] - 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