Criminal Complaint — United States v. David T. Hines (Dkt. 18, S.D. Fla. No. 1:21-cr-20011, FLSD 584464)

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U.S. District Court for the Southern District of Florida · No. 1:21-cr-20011-DPG · Doc. 18 · 2020-10-06 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 
 
 
 
 
 
 
 
CASE NO. 20-MJ-03237-BECERRA 
 
 
UNITED STATES OF AMERICA 
 
 
 
 
vs. 
 
 
 
 
 
DAVID TYLER HINES,  
 
                          
Defendant.         
 
 
 
 
 
 
 
 
________________________________________/ 
 
RESPONSE TO MOTION TO VACATE COMPETENCY EVALUATION  
The United States, by and through the undersigned, hereby files the following response to 
the Motion to Vacate Order for Competency Evaluation (the “Motion”) (DE 15) to assist the court 
in its evaluation.    
The Competency Motion 
On August 11, 2020, the government and prior defense counsel (Chad Piotrowski) made a 
joint ore tenus motion for a competency evaluation.  Mr. Piotrowski has represented Mr. Hines in 
numerous prior state court matters.  Mr. Piotrowksi advised the undersigned that the defendant had 
been involuntarily committed pursuant to the Baker Act on two prior occasions.  On or about 
September 2, 2020, the Honorable Alicia M. Otazo-Reyes entered an order for a competency 
evaluation.  (DE 11).   Defendant’s new counsel has now filed the Motion to vacate this order.   
Defendant’s Personal History 
The following facts are derived from the pre-trial services report.  The defendant is a 29-
year old male who indicated to pre-trial services that his highest level of education is the eighth 
grade.  The defendant has nineteen prior arrests since the age of eighteen.  The defendant has a 
domestic violence restraining order for petitioner Brianna Rodriguez from January 2019 and a 
Case 1:21-cr-20011-DPG   Document 18   Entered on FLSD Docket 10/06/2020   Page 1 of 4

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separate restraining order for petitioner Jeanne Luis from January 2019.  The defendant has a 
history of drug use of Adderall and Xanax from approximately 2018 to approximately June 2020.   
The Offense Conduct 
 
The complaint alleges that the defendant received approximately $3.9 million in PPP loans 
through applications to an insured financial institution on behalf of different companies.   In the 
PPP loan applications, the defendant claimed to have at least 70 employees and monthly payroll 
of approximately $1.5 million.  A review of the defendant’s companies’ bank accounts showed 
monthly inflows and outflows averaging around $200,000.  Moreover, the Florida Department of 
Revenue had no record of wage information paid to any employees of defendant’s companies.  The 
records show that defendant purchased a Lamborghini for approximately $318,000 after receiving 
these funds.   
Additional Facts 
 
At the time of defendant’s arrest, the defendant indicated to the arresting agents that his 
emergency contact was god.  In or around July 2020, the defendant sent a number of messages to 
Bank of America employees with communications that Bank of America perceived as harassing / 
threatening.  (See, e.g. Ex. A).  In addition, in September 2020, the defendant sent a series of emails 
to the undersigned despite being represented by counsel at the time.  (See Ex. B).  
 
 
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Respectfully submitted, 
 
 
 
 
 
 
 
 
ARIANA FAJARDO ORSHAN  
 
 
 
 
 
 
UNITED STATES ATTORNEY 
 
 
 
 
 
 
 
 
BY: 
/s Michael N. Berger                
 
 
 
 
 
 
 
Assistant United States Attorney 
 
 
 
 
 
 
 
Court No. A5501557  
 
 
 
 
 
 
 
United States Attorney’s Office 
 
 
 
 
 
 
 
99 N. E. 4th Street, 4th Floor 
 
 
 
 
 
 
 
Miami, Florida 33132-2111 
 
 
 
 
 
 
 
Tel: (305) 961-9445 
 
 
 
 
 
 
 
  
 
 
 
 
 
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CERTIFICATE OF SERVICE 
 
 
I HEREBY CERTIFY that on October 6, 2020, I filed the foregoing document with the 
Court via CM/ECF.    
 
 
 
 
 
/s Michael N. Berger                
 
 
 
 
 
Assistant United States Attorney 
 
  
 
 
 
Case 1:21-cr-20011-DPG   Document 18   Entered on FLSD Docket 10/06/2020   Page 4 of 4

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