Assented to Motion for Bail Review Hearing by USA as to Heath Gauthier — USA v. Gauthier (Dkt. 19)

Summary

In this assented-to motion dated May 26, 2023 and filed as Document 19 in Criminal Case No. 1:23-cr-00015-JL in the District of New Hampshire, the United States asked the court to schedule a bail review hearing for Heath Gauthier. It states that a grand jury indicted Gauthier on February 15, 2023 for wire fraud, attempted wire fraud and aggravated identity theft in connection with obtaining CARES Act loans, and that he was arrested the next day. The government says investigators searching his seized devices saw evidence of other federal offenses, including possession of child pornography, and that Judge Johnstone signed a further search warrant on May 26, 2023. Citing this change in circumstances, it asked the court to review his release conditions, and Gauthier's counsel assented.

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UNITED STATES DISTRICT COURT 
DISTRICT OF NEW HAMPSHIRE 
 
 
UNITED STATES OF AMERICA 
 
               v. 
 
HEATH GAUTHIER 
 
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Criminal Case No. 1:23-cr-00015-JL 
 
 
 
 
ASSENTED TO MOTION FOR A BAIL REVIEW HEARING 
 
The United States of America requests that the Court schedule a bail review hearing in 
this matter.  The government makes this request for the following reasons: 
1. 
On February 15, 2023, a grand jury returned an indictment charging the defendant with 
wire fraud, attempted wire fraud, and aggravated identity theft in connection with his alleged 
fraud in obtaining CARES Act loans.  ECF No. 1. 
2. 
The defendant was arrested on February 16, 2023.  That same day, investigators executed 
a search warrant of the defendant’s residence and person.  The search warrant also authorized the 
search of the defendant’s electronic devices.  23-mj-27-AJ. 
3. 
While searching the devices, investigators saw, in plain view, evidence of other federal 
offenses, including possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5). 
4. 
On May 26, 2023, Judge Johnstone signed a search warrant authorizing investigators to 
search the seized devices for evidence relating to the distribution, receipt, and possession of child 
pornography.  See 23-mj-102-AJ. 
5. 
Given this change in circumstances, the government requests a bail review hearing to 
determine whether “there are conditions of release that will reasonably assure the appearance of 
[the defendant] as required and the safety of any other person and the community” and, if there 
are, modify the defendant’s conditions as needed.  18 U.S.C. § 3142(f), (g). 
Case 1:23-cr-00015-JL-TSM     Document 19     Filed 05/26/23     Page 1 of 2

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6. 
The defendant, through his counsel, assents to this request. 
 
Dated:  May 26, 2023  
   
        
Respectfully submitted, 
 
JANE E. YOUNG  
United States Attorney 
 
/s/ Matthew T. Hunter  
      
Matthew T. Hunter 
Assistant U.S. Attorney 
District of New Hampshire 
53 Pleasant Street, 4th Floor 
Concord, New Hampshire 03301 
Case 1:23-cr-00015-JL-TSM     Document 19     Filed 05/26/23     Page 2 of 2

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