Transcript - United States v. David T. Hines

Record facts

U.S. District Court for the Southern District of Florida · No. 1:21-cr-20011-DPG · Doc. 43 · 2021-02-16 · Docket on CourtListener

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IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
CASE NO.:  21-cr-20011-MGC-1
  
UNITED STATES OF AMERICA,
) 
)
 
Plaintiff,
)     
September 9, 2020
v.  
)
  
)
  
DAVID TYLER HINES,
)
 
)
Pages 1 - 9
Defendant. 
)
 
______________________________/
 
REPORT RE COUNSEL HEARING
(Via Zoom)
BEFORE THE HONORABLE LISETTE MARIE REID
UNITED STATES MAGISTRATE JUDGE
APPEARANCES:
On behalf of the Plaintiff:
U.S. DEPARTMENT OF JUSTICE
Criminial Division, Fraud Section
1400 New York Avenue N.W.
Washington, DC 20530 
BY:  EMILY SCRUGGS, AUSA
Case 1:21-cr-20011-DPG   Document 43   Entered on FLSD Docket 02/18/2021   Page 1 of 10

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APPEARANCES CONTINUED:
On behalf of the Defendant:  
LAW OFFICES OF CHAD PIOTROWSKI
169 E. Flagler Street
Suite 1600,
Miami, FL 33131 
BY:  CHAD PIOTROWKSI, ESQ.
FEDERAL PUBLIC DEFENDER'S OFFICE
150 W Flagler Street
Miami, FL 33130 
BY:  RAYMOND D'ARSEY HOULIHAN, III AFPD 
Transcribed By:
BONNIE JOY LEWIS, R.P.R.
7001 SW 13 Street
Pembroke Pines, FL  33023
954-985-8875
caselawrptg@gmail.com
Case 1:21-cr-20011-DPG   Document 43   Entered on FLSD Docket 02/18/2021   Page 2 of 10

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(Thereupon, the following proceeding was held:) 
MR. PIOTROSKI:  Good morning, Your Honor.  Chad 
Piotrowski for Mr. Hines.  
THE COURT:  Very good.  
MS. SCRUGGS:  Your Honor, Emily Scruggs, United States 
Department of Justice. 
THE COURT:  Very good.  
So this is Case Number 20-3237.  So I have on the 
calendar report re counsel.  
MR. PIOTROWSKI:  Yes, Your Honor.  
There's a pretty bad echo.  I don't know if it is 
here.  Does anyone else hear that?  
THE COURT:  Could everyone on this case mute their 
telephones.  Maybe that will help.  
Okay.  Let's try that again.  
MR. PIOTROWSKI:  I am not going to be filing a 
permanent appearance on this case, Your Honor.  
I spoke with my client.  (Inaudible) forward.  In any 
event, I would ask the Court to appoint the office of the 
federal public defender. 
THE COURT:  Okay.  That will be fine.  
So let me see if I can figure out the problem right 
now of maybe muting the microphone.  
I see Bradley Berenstein (phonetic).
MR. BERENSTEIN:  Good morning, Judge, yes.
Case 1:21-cr-20011-DPG   Document 43   Entered on FLSD Docket 02/18/2021   Page 3 of 10

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THE COURT:  Are you on this case of Mr. Hines?  
MR. BERENSTEIN:  I'm not on this case.  I'm on a case 
and my client is Mr. Johnny Tillis sitting next to me. 
THE COURT:  So maybe if you muted your microphone.
MR. BERENSTEIN:  I will. 
THE COURT:  Okay.  Let's try this.  I think that might 
have been it.
MR. POITROWSKI:  Much better. 
THE COURT:  Yes.  Okay.  So I'm sorry, Counsel.
You were explaining that you will not be entering a 
permanent appearance on behalf of Mr. Hines and so we need to 
colloquy Mr. Hines to see if he qualifies for appointment of 
counsel.
MR. POITROWSKI:  Yes, Your Honor, that's correct. 
THE COURT:  Okay.  Is Mr. Hines available?  
THE DEFENDANT:  Yes.
THE COURT:  Okay.
THE COURTROOM DEPUTY:  Sir, please raise your right 
hand?  
THE DEFENDANT:  (Complied.) 
THE COURTROOM DEPUTY:  Thank you.
(Defendant sworn.)
THE COURT:  So, first of all, Mr. Hines, I need you to 
state your name and your age for the record. 
THE DEFENDANT:  David Hines; 29 years old. 
Case 1:21-cr-20011-DPG   Document 43   Entered on FLSD Docket 02/18/2021   Page 4 of 10

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THE COURT:  Okay.  And I know that you probably have 
spoken with Mr. Piotrowski regarding the charges against you, 
but I want to be sure that you know exactly what those charges 
are.  
It is false statements, bank fraud, engaging in 
transactions in unlawful proceeds.  
Are you aware and understand the charges against you?  
THE DEFENDANT:  Yes. 
THE COURT:  Okay.  Very good.  
So are you able to afford counsel?  Would you like to 
hire private counsel or would you like the Court to appoint 
counsel for you?  
THE DEFENDANT:  No, I don't have any money.  So I will 
take him. 
THE COURT:  Okay.  Prior to your arrest in this case 
were you employed?  
THE DEFENDANT:  I was self-employed. 
THE COURT:  Okay.  And what was your income?  
THE DEFENDANT:  I was doing business with many 
companies.  
You mean how much?  
THE COURT:  How much?  
THE DEFENDANT:  About $50,000 a month. 
THE COURT:  Okay.  And what is your source of income 
now?  
Case 1:21-cr-20011-DPG   Document 43   Entered on FLSD Docket 02/18/2021   Page 5 of 10

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THE DEFENDANT:  Nonexistent. 
THE COURT:  Okay.  So you have no income at this 
period?  
THE DEFENDANT:  None. 
THE COURT:  When did you stop making $50,000 a month?  
THE DEFENDANT:  Around February. 
THE COURT:  Okay.  Do you have any money in the bank?  
THE DEFENDANT:  No, I don't have any bank accounts.  
They're all frozen. 
THE COURT:  I see, but you have funds in those frozen 
accounts?  
THE DEFENDANT:  Supposedly.  I mean, I don't know; 
yeah, $3.9 million. 
THE COURT:  Okay.  And do you own any real property?  
THE DEFENDANT:  No. 
THE COURT:  Do you own any stocks or bonds?  
THE DEFENDANT:  No. 
THE COURT:  Do you own a car, truck, or a boat?  
THE DEFENDANT:  They took the car.  Nothing. 
THE COURT:  All right.  And do you have any assets 
anywhere in the world, not just in this country, that has a 
value of $5,000 or greater?  
THE DEFENDANT:  No, I don't know. 
THE COURT:  Okay.  All right.  So I will find at this 
time that you do qualify for the appointment of a Public 
Case 1:21-cr-20011-DPG   Document 43   Entered on FLSD Docket 02/18/2021   Page 6 of 10

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Defender.  And I will have the Public Defender, if you could 
verify the information regarding the assets and the income, to 
assure the Court that the Defendant does qualify for 
appointment with counsel.  
Is there a Public Defender available?  
MR. HOULIHAN:  Yes, Your Honor.  
D'Arsey Houlihan with the Public Defender's Office.  
That puts us in sort of an awkward position having to confirm 
whether a client has sufficient assets to qualify. 
THE COURT:  I understand.  Let me put it this way.  
If, in fact, the bank accounts are frozen, I just 
don't know whether your client would have enough legal 
information to know whether that is actually the case or 
whether the funds that he has in the bank account are 
inaccessible to him, let me put it that way.  
MS. SCRUGGS:  Your Honor, if I might?  
THE COURT:  Go ahead.
MS. SCRUGGS:  Just for the record, those accounts were 
seized.  Warrants were executed and those funds were seized and 
were in four bank accounts that I think Mr. Hines is referring 
to. 
THE COURT:  Okay. 
THE DEFENDANT:  Yes, I don't have access.  It never 
entered my mind again. 
THE COURT:  Okay.  I understand.  Thank you, 
Case 1:21-cr-20011-DPG   Document 43   Entered on FLSD Docket 02/18/2021   Page 7 of 10

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Government, for that. 
Okay.  I'm comfortable, then, that the assets that 
have been discussed are not available to Mr. Hines. 
Mr. Houlihan, have you had an opportunity to speak 
with Mr. Hines at all regarding his case?  
MR. HOULIHAN:  No, Your Honor. 
THE COURT:  Okay.  So I have on the calendar a 
competency hearing for September 30th and an arraignment for 
January 4th just to make sure that you are aware.
MR. HOULIHAN:  The competency hearing for 
September 30th.  
THE COURT:  At 1:00 p.m. 
MR. HOULIHAN:  And I am sorry, Your Honor.  You broke 
up.  What was the other hearing?  
THE COURT:  An arraignment on January 4th of 2021. 
Government, are those the same dates that you know of 
on this case?  
MS. SCRUGGS:  Yes, Your Honor. 
THE COURT:  Is there anything from the Government 
today?  
MS. SCRUGGS:  No, Your Honor.  
THE COURT:  Okay.  That's all I have on this case at 
this time, then, correct Mr. Houlihan?  
MR. HOULIHAN:  I believe so.  
I will reach out to Mr. Hines or his attorney and get 
Case 1:21-cr-20011-DPG   Document 43   Entered on FLSD Docket 02/18/2021   Page 8 of 10

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back to the Court if I feel that something needs to be 
scheduled. 
THE COURT:  Prior to that.  
Okay.  Thank you very much.
MS. SCRUGGS:  Thank you, Your Honor.
MR. HOULIHAN:  Thank you, Your Honor.
MR. PIOTROWSKI:  Thank you, Your Honor.  
THE COURT:  Okay. 
(Thereupon, the proceedings concluded.) 
Case 1:21-cr-20011-DPG   Document 43   Entered on FLSD Docket 02/18/2021   Page 9 of 10

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CERTIFICATE
I hereby certify that the foregoing transcript is an 
accurate transcript of the audiotape recorded proceedings in 
the above-entitled matter. 
             
02/12/21                      Bonnie Joy Lewis, 
        Registered Professional Reporter
        CASE LAW REPORTING, INC.
       7001 Southwest 13 Street,
     Pembroke Pines, Florida 33023
             954-985-8875
Case 1:21-cr-20011-DPG   Document 43   Entered on FLSD Docket 02/18/2021   Page 10 of 10

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