Court filing

Response to Motion to Vacate Competency Evaluation — United States v. David Tyler Hines (Dkt. 18, S.D. Fla.)

Summary

The document entered 10/06/2020 as Document 18 in United States v. David Tyler Hines, Case No. 20-MJ-03237-BECERRA, U.S. District Court for the Southern District of Florida, is the government's response to his motion to vacate a competency evaluation order. It notes that on August 11, 2020 the government and prior defense counsel jointly sought the evaluation, which was ordered on or about September 2, 2020. Summarizing the complaint, it alleges Hines received approximately $3.9 million in PPP loans for different companies by claiming at least 70 employees and monthly payroll of approximately $1.5 million, while bank accounts showed flows averaging around $200,000 and state records showed no wages paid. It alleges he bought a Lamborghini for approximately $318,000 after receiving the funds.

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Filed October 6, 2020 in Hines; one of 85 filings from this case.

Record facts

Court	U.S. District Court for the Southern District of Florida
Filed	2020-10-06

Cite this document

“Response to Motion to Vacate Competency Evaluation — United States v. David Tyler Hines (Dkt. 18, S.D. Fla.).” U.S. District Court for the Southern District of Florida, No. 1:21-cr-20011-DPG, Doc. 18, filed 2020-10-06. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-hines-flsd-584464/2020-10-06-criminal-complaint-doc-18/, SHA-256 2de6c83f2229ab81d6453e1bf6e064c261775894c239d695a793a4489dacd53b.

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Full text

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

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).

Case 1:21-cr-20011-DPG Document 18 Entered on FLSD Docket 10/06/2020 Page 2 of 4

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

Case 1:21-cr-20011-DPG Document 18 Entered on FLSD Docket 10/06/2020 Page 3 of 4

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