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Home Court filings USA v. Gauthier

Case docket

Heath Gauthier PPP and EIDL fraud case — U.S. District Court, D.N.H.

USA v. Gauthier — 41 court filings in the archive from D.N.H., filed between February 15, 2023 and April 7, 2025. Among them: 11 orders, 2 indictments and 2 motions.

Case facts

CourtD.N.H.
Filings41 public filings
Filed2023-02-15 – 2025-04-07
Document typesorders (11), indictments (2), motions (2), summonses or warrants (2), waiver (1), notice (1)
Original PDFs41 of 41

Case summary

Heath Gauthier was prosecuted in the U.S. District Court for the District of New Hampshire, No. 1:23-cr-00015, over Paycheck Protection Program and Economic Injury Disaster Loan applications. The government's sentencing memorandum states that he used the identities of more than ten dead people and created companies to submit PPP and EIDL applications, and that he attempted to take more than $1.3 million in relief funds. He pleaded guilty to counts 2s, 4s, 7s and 10s of the superseding indictment: wire fraud, attempted wire fraud, aggravated identity theft and possession of child pornography. On June 28, 2024 the court sentenced him to 145 months' imprisonment and ordered restitution of $202,507, of which $196,507 goes to the Small Business Administration. The remaining counts were dismissed on the motion of the United States.

Case at a glance

Defendant(s)Heath Gauthier
Court and docketU.S. District Court for the District of New Hampshire, No. 1:23-cr-00015-JL-TSM
DistrictDistrict of New Hampshire prosecutions →
ProgramPaycheck Protection Program (PPP) and Economic Injury Disaster Loan (EIDL)
ChargesWire fraud (18 U.S.C. § 1343), count 2s; attempted wire fraud (18 U.S.C. §§ 1343, 1349), count 4s; aggravated identity theft (18 U.S.C. § 1028A), count 7s; possession of child pornography (18 U.S.C. §§ 2252A(a)(5)(B) and (b)(2)), count 10s
Outcome and sentencePleaded guilty to counts 2s, 4s, 7s and 10s; sentenced June 28, 2024 to 145 months' imprisonment and restitution of $202,507; remaining counts dismissed
Counts of convictionPleaded guilty to counts 2s (wire fraud, 18 U.S.C. § 1343, offense ended 2/9/2021), 4s (attempted wire fraud, 18 U.S.C. §§ 1343, 1349, ended 8/4/2020), 7s (aggravated identity theft, 18 U.S.C. § 1028A, ended 8/4/2020) and 10s (possession of child pornography, 18 U.S.C. §§ 2252A(a)(5)(B) and (b)(2), ended 2/16/2023); counts 1-9, 1s, 3s, 5s, 6s, 8s and 9s dismissed on the motion of the United States (judgment of June 28, 2024, pp. 1-2)
Sentence imposed145 months, consisting of 121 months on counts 2s, 4s and 10s and 24 months on count 7s to be served consecutively (p. 3); five years of supervised release, consisting of 3 years on counts 2s and 4s, 1 year on count 7s and 5 years on count 10s, concurrent (p. 4)
Restitution$202,507.00: $196,507.00 to the Small Business Administration and $3,000.00 each to two individuals the judgment identifies by pseudonym (p. 8); payment to begin immediately, in equal monthly installments of $500 within 30 days of commencement of supervision and thereafter (p. 9)
Fine and assessmentNo fine (fine column blank, p. 8); special assessment $400.00; AVAA and JVTA assessments waived (p. 8)
ForfeitureThe preliminary order of forfeiture of June 27, 2024 (Dkt. 45) is final and part of the judgment (p. 9; order attached at pp. 10-11): (A) one Western Digital 1 GB My Book 1110 external drive, SN WCAV5J746167; (B) one Toshiba Satellite P75-A7200 laptop, SN 8D040167C; (C) one Motorola Edge Plus 2022 cell phone, IMEI 356439690571575; and (D) one SD card, forfeited under 18 U.S.C. § 2253 as property the defendant acknowledged facilitated the charged offenses (Dkt. 45, p. 1). Final order of forfeiture entered April 7, 2025 after publication and no timely claim (Dkt. 54, p. 1)
Status checked2026-09-23 · against DOJ press releases through 2026-09-22; court docket not yet read

What was Gauthier sentenced to?

145 months, consisting of 121 months on counts 2s, 4s and 10s and 24 months on count 7s to run consecutively to the other counts. The binding plea agreement stipulated 145 months.

What was Gauthier charged with?

The judgment lists wire fraud under 18 U.S.C. § 1343, attempted wire fraud under 18 U.S.C. §§ 1343 and 1349, aggravated identity theft under 18 U.S.C. § 1028A and possession of child pornography under 18 U.S.C. §§ 2252A(a)(5)(B) and (b)(2). Counts 1-9, 1s, 3s, 5s, 6s, 8s and 9s were dismissed.

How much restitution was ordered?

$202,507 in total: $196,507 to the Small Business Administration and $3,000 to each of two other named payees. A preliminary order of forfeiture covering computer equipment was entered June 27, 2024 and a final order on April 7, 2025.

Summary written from the documents on this page; every sentence is sourced.

Filings

41 public filings from this case, in filing-date order.

  1. Indictment as to Heath Gauthier (1) counts 1-3, 4-6 — USA v. Gauthier (Dkt. 1)Indictment · PDF
  2. Motion to Seal at Level II: Indictment, Arrest Warrant, This Motion — USA v. Gauthier (Dkt. 3)Motion · PDF
  3. Motion to Appoint Counsel with Financial Declaration by Heath Gauthier — USA v. Gauthier (Dkt. 5)Motion · PDF
  4. STIPULATION TO DETENTION and WAIVER of Detention Hearing without prejudice as to Heath…Stipulation · Dkt. 6 · PDF
  5. Assented to Motion to Continue Status Conference by Heath Gauthier — USA v. Gauthier (Dkt. 7)PDF
  6. Arrest Warrant Returned Executed on 2/16/2023 as to Heath Gauthier — USA v. Gauthier (Dkt. 8)Summons or warrant · PDF
  7. Assented to MOTION for Bail Hearing by Heath GauthierPDF
  8. Assented to Motion to Extend Time To File Stipulated Trial Schedule by Heath Gauthier — USA v. Gauthier (Dkt. 10)PDF
  9. ORDER Setting Conditions of Release as to Heath GauthierOrder · PDF
  10. Assented to Motion to Continue Trial to the 10-3-23 Trial Period by Heath Gauthier — USA v. Gauthier (Dkt. 13)PDF
  11. Joint Proposed Pretrial and Trial Schedule by USA as to Heath…PDF
  12. Order granting 13 Assented to Motion to Continue Trial — USA v. Gauthier (Dkt. 15)Order · PDF
  13. ORDER re Speedy Trial Act as to Heath GauthierOrder · Dkt. 16 · PDF
  14. Joint Speedy Trial Stipulation by Heath GauthierPDF
  15. Assented to Motion to Modify Conditions of Release by Heath Gauthier — USA v. Gauthier (Dkt. 18)PDF
  16. Assented to Motion for Bail Review Hearing by USA as to Heath Gauthier — USA v. Gauthier (Dkt. 19)PDF
  17. STIPULATION TO DETENTION and WAIVER of Detention Hearing without prejudice as to Heath…Stipulation · Dkt. 20 · PDF
  18. Assented to Motion for Protective Order by USA as to Heath Gauthier — USA v. Gauthier (Dkt. 21)PDF
  19. Protective Order re production of discovery material as to Heath Gauthier — USA v. Gauthier (Dkt. 22)Order · PDF
  20. Superseding Indictment as to Heath Gauthier (1) counts 1s-6s, 7s-9s — USA v. Gauthier (Dkt. 24)Indictment · PDF
  21. Arrest Warrant Returned Unexecuted as to Heath GauthierSummons or warrant · PDF
  22. Joint Assented to MOTION Modify Pretrial and Trial Schedule by…PDF
  23. Order granting re 28 Joint Assented to Motion to Modify — USA v. Gauthier (Dkt. 29)Order · PDF
  24. ORDER re Speedy Trial Act as to Heath GauthierOrder · Dkt. 30 · PDF
  25. Waiver of Speedy Trial Certification by Heath GauthierWaiver · PDF
  26. Speedy Trial Stipulation by Heath GauthierPDF
  27. Notice of Attorney Appearance Kasey A Weiland — USA v. Gauthier (Dkt. 33)Notice · PDF
  28. Assented to Motion to Continue Trial for 30 days by Heath Gauthier — USA v. Gauthier (Dkt. 34)PDF
  29. Order granting re 34 Assented to Motion to Continue Trial — USA v. Gauthier (Dkt. 35)Order · PDF
  30. Order re Speedy Trial Act — USA v. Gauthier (Dkt. 36)Order · PDF
  31. Stipulation re: Speedy Trial Act by Heath Gauthier re 36 Order, Set Deadlines — USA v. Gauthier (Dkt. 37)Stipulation · PDF
  32. PLEA AGREEMENT as to Heath GauthierPlea agreement · Dkt. 38 · PDF
  33. Sentencing Memorandum and Objection to Defendants Sentencing Memorandum by USA — USA v. Gauthier (Dkt. 43)Sentencing memorandum · PDF
  34. Assented to Motion for Forfeiture of Electronic Devices by USA as to Heath Gauthier — USA v. Gauthier (Dkt. 44)PDF
  35. PRELIMINARY ORDER OF FORFEITURE as to Heath GauthierOrder · PDF
  36. ACKNOWLEDGMENT of Sentencing Options by Heath GauthierPDF
  37. Judgment as to Heath Gauthier (1), Counts 1-3, 1s, 3s, 4-6, 5s-6s, 7-9 — USA v. Gauthier (Dkt. 47)Judgment · PDF
  38. Order re Return of Posted Collateral as to Heath Gauthier re 11 Collateral Item Receipt — USA v. Gauthier (Dkt. 49)Order · PDF
  39. NOTICE of Publication by USA as to Heath GauthierDeclaration · PDF
  40. Assented to Motion for Forfeiture of (A) one Western Digital 1 GB My Book 1110 external — USA v. Gauthier (Dkt. 53)PDF
  41. FINAL ORDER OF FORFEITURE as to Heath GauthierOrder · PDF

Court, dates and docket numbers are as recorded on the filings.

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