Criminal Complaint - United States v. David T. Hines PPP fraud case (2020-09-02)

Summary

An order granting an ore tenus motion for competency evaluation and setting a status conference in United States v. David Tyler Hines, entered as Document 11 on September 2, 2020 in the U.S. District Court for the Southern District of Florida (Case No. 20-MJ-03237-BECERRA, docketed as 1:21-cr-20011-DPG). The order states that the defendant was charged by complaint with false statements to a lending institution, bank fraud and transactions in unlawful proceeds relating to a Paycheck Protection Program loan. On the government's unopposed motion, Magistrate Judge Alicia M. Otazo-Reyes orders an evaluation under 18 U.S.C. § 4241(a) at the government's cost, with a report under 18 U.S.C. § 4247(c) to be filed under seal. It sets a status conference for September 30, 2020 and excludes the delay under 18 U.S.C. § 3161(h)(1)(A).

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Case 1:21-cr-20011-DPG Document 11 Entered on FLSD Docket 09/02/2020 Page 1 of 4




                              UNITED STATES DISTRICT COURT
                              SOUTHERN DISTRICT OF FLORIDA

                                CASE NO. 20-MJ-03237-BECERRA


  UNITED STATES OF AMERICA

  vs.

  DAVID TYLER HINES,

              Defendant.
  ________________________________________/

        ORDER GRANTING ORE TENUS MOTION FOR COMPETENCY EVALUATION
                      AND SETTING STATUS CONFERENCE

          Defendant David Tyler Hines has been charged via complaint with false statements to a

  lending institution, bank fraud, and engaging in transactions in unlawful proceeds relating to a

  scheme involving a Paycheck Protection Program loan. This matter was before the undersigned

  for a status conference on August 10, 2020. At that time, counsel for the government made an

  unopposed ore tenus motion for a competency evaluation. The government advises that the

  defendant made unusual comments to agents upon arrest. For example, the defendant indicated

  that his emergency contact was God. Defense counsel advises that the defendant has previously

  been detained and evaluated pursuant to the Florida Mental Health Act of 1971. For these reasons,

  the Motion is granted.

          Title 18, United States Code, Section 4241(a), provides that the Court shall order a hearing

  regarding a defendant’s competency to stand trial “if there is reasonable cause to believe that the

  defendant may presently be suffering from a mental disease or defect rendering him mentally

  incompetent to the extent that he is unable to understand the nature and consequences of the

  proceedings against him or to assist properly in his defense.” The Court has the authority to order

  that a psychiatric or psychological examination be conducted, and that a report be filed with the
Case 1:21-cr-20011-DPG Document 11 Entered on FLSD Docket 09/02/2020 Page 2 of 4




  court, prior to the date of such hearing. 18 U.S.C. § 4241(b). This examination, report, and hearing

  are to be conducted and prepared in accordance with the provisions of Title 18, United States Code,

  Section 4247. 18 U.S.C. §§ 4241(b), 4241(c).

         Pursuant to Title 18, United States Code, Section 4247(c), a report of examination shall
  include:

         (1)     the person’s history and present symptoms;

         (2)     a description of the psychiatric, psychological, and medical tests that were
                 employed and their results;

         (3)     the examiner’s findings; and

         (4)     the examiner’s opinions as to diagnosis, prognosis, and—

                 (A)     . . . whether the person is suffering from a mental disease or defect rendering
                         him mentally incompetent to the extent that he is unable to understand the
                         nature and consequences of the proceedings against him or to assist properly
                         in his defense.

         Based upon the Government’s unopposed motion, and the reasons herein, the undersigned

  Magistrate Judge finds that there is reasonable cause to believe the Defendant may presently be

  suffering from a mental disease or defect rendering him mentally incompetent to the extent that he

  is unable to understand the nature and consequences of the proceedings against him or to assist

  properly in his defense. Therefore, a competency evaluation will be ordered pursuant to 18 U.S.C.

  § 4241(a).

         Therefore, it is hereby

         ORDERED AND ADJUDGED that the ore tenus Motion for Competency Evaluation, is

  GRANTED as follows:

         1.      Based on the parties’ agreement, defendant David Tyler Hines shall be evaluated

  by Dr. Wade Silverman, a qualified psychologist, to determine his competency to understand the
Case 1:21-cr-20011-DPG Document 11 Entered on FLSD Docket 09/02/2020 Page 3 of 4




  proceedings in this Court, pursuant to 18 U.S.C. §§ 4241, 4247(b). The Government shall bear

  the cost of the examination.

         2.      At the conclusion of the examination, the examining psychologist shall produce a

  report in accordance with 18 U.S.C. § 4247(c). The report shall conform to the requirements of 18

  U.S.C. § 4247(c), which requires that the report include:

         (1)     the person’s history and present symptoms;

         (2)     a description of the psychiatric, psychological, and medical tests that were
                 employed and their results;

         (3)     the examiner’s findings; and

         (4)     the examiner’s opinions as to diagnosis, prognosis, and

                 (A)     . . . whether the person is suffering from a mental disease or defect rendering
                         him mentally incompetent to the extent that he is unable to understand the
                         nature and consequences of the proceedings against him or to assist properly
                         in his defense.

  A copy of the Report shall be furnished to the Court, to counsel for the Defendant, and to the

  United States. Counsel for the United States shall ensure that a copy of that report is filed under

  seal with the Court.

         3.      A Report re Counsel is set for Wednesday, September 9, 2020 at 1:00 P.M. before

  the Duty Magistrate Judge.

         4.      A Status Conference Re Competency Evaluation is set for Wednesday, September

  30, 2020 at 1:00 P.M. before the Duty Magistrate Judge.
Case 1:21-cr-20011-DPG Document 11 Entered on FLSD Docket 09/02/2020 Page 4 of 4




        5.     The period of delay resulting from the examination of the Defendant and any

        subsequent judicial proceedings to determine the Defendant's competence shall be deemed

        excluded for Speedy Trial Act calculations, pursuant to 18 U.S.C. § 3161(h)(1)(A), to the

        extent that the Act applies to proceedings regarding revocation of supervised release.

        DONE AND ORDERED in chambers at Miami, Florida on September 2nd , 2020.


                                             ________________________________________
                                             HONORABLE ALICIA M. OTAZO-REYES
                                             UNITED STATES MAGISTRATE JUDGE

  cc:   Counsel of Record


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