United States v. Vance Warren Houston — Plea Agreement, Middle District of Florida (Document 178)
Summary
A plea agreement between the United States and defendant Vance Warren Houston, filed August 3, 2026 as Document 178 in Case No. 8:25-cr-00516-WFJ-CPT in the U.S. District Court for the Middle District of Florida. Houston agrees to plead guilty to Count Two, wire fraud, which carries a maximum sentence of 30 years imprisonment and a fine of $1,000,000; Count One is to be dismissed at sentencing. The agreement provides for full restitution of $112,125.73 to the Small Business Administration and forfeiture of $105,712.50 in proceeds. The factual basis states that Houston's application relied on a tax form nearly identical to forms submitted by co-conspirator Breus, and that Houston kicked back $11,800 of PPP funds to Breus. The 17-page agreement names defense attorney Daniel Hernandez and United States Attorney Gregory W. Kehoe.
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“United States v. Vance Warren Houston — Plea Agreement, Middle District of Florida (Document 178).”
Original at ecf.flmd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/plea-agreement-usa-v-breus-et-al-dkt-178-m-d-fla-1215040ef7/
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Case 8:25-cr-00516-WFJ-CPT Document 178 Filed 08/03/26 Page 1 of 17 PageID 398
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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
UNITED STATES OF AMERICA
v. CASE NO. 8:25-cr-516-WFJ-CPT
VANCE WARREN HOUSTON
PLEA AGREEMENT
Pursuant to Fed. R. Crim. P. 11(c), the United States of America, by Gregory
W. Kehoe, United States Attorney for the Middle District of Florida, and the
defendant, Vance Houston, and the attorney for the defendant, Daniel Hernandez,
mutually agree as follows:
A. Particularized Tenns
1. Count Pleading To
The defendant shall enter aplea of guilry to Count Two of the
Indictment. Count Two charges the defendant with Wire Fraud, in violation of 18
u.s.c. $ 1343.
2. Maximum Penalties
Count Two carries a maximum sentence of 30 years imprisonmeflt, a
fine of $1,000,000, a term of supervised release of not more than 5 years, and a
special assessment of $100 per felony count for individuals. With respect to certain
offenses, the Court shall order the defendant to make restitution to any victim of the
offense, and with respect to other offflenses, the Court may order the defendant to
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make restitution to any victim of the offense, or to the community, as set forth
below.
3. Apprendi v. New Jersqt
Under Apprendi y. New Jersey,530 U.S. 466 (2000), a maximum sentence
of 30 years imprisonment may be imposed because the following facts have been
admitted by the defendant and are established by this plea of guilty: the defendant
received a benefit that was paid in connection with amajor disaster declaration
under section 501 of the Robert T. Stafford Disaster Relief and Emergenry
Assistance Act,42 U.S.C. $$ 5121-5207.
4. Elements of the Offense
The defendant acknowledges understanding the nature and elements of
the offense with which defendant has been charged and to which defendant is
pleading guilty. The elements of Count Two are
First, The defendant knowingly devised or participated in a scheme
to defraud, or obtain money or property by using false
pretenses, representations, or promises;
Second: The false pretenses, representations, or promises \Mere about a
matertalfact;
Third: The defendatt acted with the intent to defraud; and
Fourth: The defendant transmitted or caused to be transmitted by wire
some communication in interstate commerce to help carry out
the scheme to defraud.
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5. Counts Dismissed
At the time of sentencing, the remaining count against the defendant,
Count One, will be dismissed pursuant to Fed. R. Crim. P. 11(c)(1)(A).
6. No Further Charges
If the Court accepts this plea agreement, the United States Attorney's
Office for the Middle District of Florida agrees not to charge defendant with
committing any other federal criminal offenses known to the United States
Attorney's Office at the time of the execution of this agreement, related to the
conduct giving rise to this plea agreement.
7. Mandatory Restitution to Victim of Offense of Conviction
Pursuant to 18 U.S.C. S 18 U.S.C. U.S.C. g 3663A(a) and @),
defendant agrees to make full restitution to Small Business Administration in the
amount of $112,125.73. The restitution amount includes the loan principle received
by the defendant as well as the lender processing fee, and forgiven interest. The final
amount of restitution and all specific recipients will be determined by the Court at
the time of sentencing.
8. Guidelines Sentence
Pursuant ro Fed. R. Crim. P. 11(c)(1)(B), the United States will
recommend to the Court that the defendantbe sentenced within the defendant's
applicable guidelines rarrge as determined by the Court pursuant to the United States
Sentencing Guidelines, as adjusted by any departure the United States has agreed to
recommend in this plea agreement. The parties understand that such a
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recommendation is not binding on the Court and that, if it is not accepted by this
Cout, neither the United States nor the defendant will be allowed to withdraw liom
the plea agreement, and the defendant will not be allowed to withdraw flom the plea
of guilty.
9. Acceotance ofResoo sibiliw - Three Levels
At the time of sentencing, and in the event that no adverse information
is received suggesting such a recommendation to be unwarranted, the United States
will not oppose the defendant's request to the Court that the defendant receive a two-
level downward adjustment for acceptance of responsibility, pursuant to USSG
$ 3E1.1(a). The defendant understands that this recommendation or request is not
binding on the Court, and if not accepted by the Court, the defendant will not be
allowed to withdraw from the plea.
Further, at the time of sentencing, if the defendant's offense level prior
to operation of subsection (a) is level 16 or greater, and if the defendant complies
with the provisions of USSG $ 3E1.1@) and all terms of this Plea Agreement,
including but not limited to, the timely submission of the financial affrdavit
referenced in Paragraph B.5., the United States agrees to file a motion pursuant to
USSG $ 3E1.1@) for a downward adjustrnent of one additional level. The defendant
understands that the determination as to whether the defendant has qualified for a
downward adjustment of a third level for acceptance of responsibility rests solely
with the United States Attomey for the Middle District of Florida, arrd the defendant
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agrees that the defendant cannot and will not challenge that determination, whether
by appeal, collateral attack, or otherwise.
10. Forfeiture of Assets
The defendant agrees to forfeit to the United States immediately and
voluntarily any and all assets and propefty, or portions thereof, subject to forfeiture,
pursuant to 18 U.S.C. $ 981(a)(1XC) and 28 U.S.C. 52a61@), whether in the
possession or control of the United States, the defendant or defendant's nominees.
The assets to be forfeited specifically include, but are not limited to, the $105,712.50
in proceeds the defendant admits he obtained, as the result of the commission of the
offense to which the defendant is pleading guilty. The defendant acknowledges and
agrees that: (1) the defendant obtained this amount as a result of the commission of
the offense(s), and (2) as a result ofthe acts and omissions of the defendant, the
proceeds have been transferred to third parties and cannot be located by the United
States upon the exercise ofdue diligence. Therefore, the defendant agrees that,
pursuant to 21 U.S.C. $ 853(p), the United States is entitled to forfeit any other
property of the defendant (substitute assets), up to the amount ofproceeds the
defendant obtained, as the result ofthe offense(s) of conviction. The defendant
further consents to, and agrees not to oppose, any motion for subsfirute assets filed
by the United States up to the amount of proceeds obtained fiom commission of the
offense(s) and consents to the entry of the forfeiture order into the Treasury Offset
Program. The defendant agrees that forfeiture of substitute assets as authorized
herein shall not be deemed an alteration of the defendant's sentence.
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The defendant additionally agrees that since the criminal proceeds have
been transferred to third parties and camot be located by the United States upon the
exercise of due diligence, the preliminary ard final orders of forfeiture should
authorize the United States Attomey's Offrce to conduct discovery (including
depositions, inteffogatories, requests for production of documents, and the issuance
of subpoenas), pursuant to Rule 32.2b)Q) of the Federal Rules of Criminal
Procedure, to help identif,i, locate, and forfeit substitute assets.
The defendant also agrees to waive all constitutional, statutory, and
procedural challenges (including direct appeal, habeas corpus, or any other means) to
any forfeiture carried out in accordance with this Plea Agreement on any grounds,
including that the forfeiture described herein constitutes an excessive fine, was not
properly noticed in the charging instrument, addressed by the Court at the time of
the guilty plea, announced at sentencing, or incorporated into the judgment.
The defendant admits and agrees that the conduct described in the
Factual Basis below provides a sufEcient factual and statutory basis for the forfeiture
of the property sought by the govemment. Pursuant to Rule 32.2(b)(4), the
defendant agrees that the preliminary order of forfeiture will satisfu the notice
requirement and will be final as to the defendant at the time it is entered. In the
event the forfeiture is omitted from the judgment, the defendant agrees that the
forfeiture order may be incorporated into the written judgment at any time pursuant
to Rule 36.
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The defendant agrees to take all steps necessary to identifu and locate
all substitute assets and to transfer custody ofsuch assets to the United States before
the defendant's sentencing. To that end, the defendant agrees to make a full and
complete disclosure of all assets over which defendant exercises control, including al1
assets held by nominees, to execute any documents requested by the United States to
obtain from any other parties by lawful means any records of assets owned by the
defendant, and to consent to the release of the defendant's tax retums for the
previous five years. The defendant agrees to be interviewed by the government, prior
to and aft sentencing, regarding such assets. The defendant further agrees to be
polygraphed on the issue of assets, if it is deemed necessary by the United States.
The defendant agrees that Federal Rule of Criminal Procedure 11 and USSG S 1B1.8
will not protect from forfeiture assets disclosed by the defendant as part of the
defendant's cooperation.
The defendant agrees to take all steps necessary to assist the
govemment in obtaining clear title to any substitute assets before the defendant's
sentencing. In addition to providing full and complete information about substitute
assets, these steps include, but are not limited to, the surrender of title, the signing of
a consent decree of forfeiture, and signing ofany other documents necessary to
effectuate such transfers.
Forfeiture of the defendant's assets shall not be treated as satisfaction of
any fine, restitution, cost of imp sonment, or any other penalty the Court may
impose upon the defendant in addition to forfeiture.
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The defendant agrees that, in the event the Court determines that the
defendant has breached this section of the Plea Agreement, the defendant may be
found ineligible for a reduction in the Guidelines calculation for acceptance of
responsibility and substantial assistance, and may be eligible for an obstruction of
justice enhancement.
The defendant agrees that the forfeiture provisions of this plea
agreement are intended to, and will, survive the defendant, notwithstanding the
abatement of any underlying criminal conviction after the execution of this
agreement. The forfeitability of any particular property pursuant to this agreement
shall be determined as if the defendant had survived, and that determination shall be
binding upon defendant's heirs, successors and assigns until the agreed forfeiture,
including the forfeiture of any substitute assets, is final.
B. Standard Terms and Conditions
1. Restitution. Special Assessment and Fine
The defendant understands and agrees that the Court, in addition to or
in lieu ofany other penalty, shall order the defendant to make restitution to any
victim of the offense(s), pursuant to 18 U.S.C. S 3663A, for all offenses described in
18 U.S.C. $ 3663A(cXl); and the Court may order the defendant to make restitution
to any victim of the offense(s), pursuant to 18 U.S.C. S 3663, including restitution as
to al1 counts charged, whether or not the defendant enters a plea of guilty to such
counts, and whether or not such counts are dismissed pursuant to this agreement.
The defendant further understands that compliance with any restitution payment
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plan imposed by the Court in no way precludes the United States from
simultaneously pursuing other statutory remedies for collecting restitution (28 U.S.C.
S 3003OX2), including, but not limited to, garnishment and execution, pursuant to
the Mandatory Victims Restitution Act, in order to ensure that the defendant's
restitution obligation is satisfied.
On each count to which a plea of guilty is entered, the Court shall
impose a special assessment pursuant to l8 U.S.C. S 3013. The special assessment is
due on *re date of sentencing.
The defendant understands that this agreement imposes no limitation as
to fine.
2. Supervised Release
The defendant understands that the offense(s) to which the defendant is
pleading provide(s) for imposition ofa term of supervised release upon release from
imprisonment, and that, if the defendant should violate the conditions of release, the
defendant would be subject to a further term of imprisonment.
3. Immisration Conseouences of Ple adine Guilw
The defendant has been advised and understands that, upon conviction,
a defendant who is not a United States citizen may be removed from the United
States, denied citizenship, and denied admission to the United States in the future.
4. Sentencinglnformation
The United States reserves its right and obligation to report to the Court
and the United States Probation Office all information concerning the background,
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407
character, and conduct of the defendant, to provide relevant factual information,
including the totality of the defendant's criminal activities, if any, not limited to the
count(s) to which defendant pleads, to respond to comments made by the defendant
or defendant's counsel, and to correct any misstatements or inaccuracies. The
United States further reseryes its right to make any recommendations it deems
appropnate regarding the disposition of this case, subject to any limitations set forth
herein, if any.
5. Financial Disclosures
Pursuant to 18 U.S.C. S 3664(d)(3) and Fed. R. Crim. P.32(d)(2)(Axii),
the defendant agrees to complete and submit to the United States Attorney's Office
within 30 days of execution of this agreement an affidavit reflecting the defendant's
financial condition. The defendant promises that his financial statement and
disclosures will be complete, accurate and truthful and will include all assets in
which he has any interest or over which the defendant exercises control, directly or
indirectly, including those held by a spouse, dependent, nominee or other third party.
The defendant further agrees to execute any documents requested by the United
States needed to obtain from any third parties any records of assets owned by the
defendant, directly or through a nominee, arrd, by the execution of this Plea
Agreement, consents to the release of the defendant's tax returns for the previous five
years. The defendant similarly agrees and authorizes the United States Attorney's
Office to provide to, and obtain from, the United States Probation Office, the
financial affidavit, any of the defendant's federal, state, and local tax returns, bank
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408
records and any other financial information conceming the defendant, for the
purpose of making any recommendations to the Court and for collecting any
assessments, fines, restitution, or forfeiture ordered by the Court. The defendant
expressly authorizes the United States Aftomey's Office to obtain current credit
reports in order to evaluate the defendant's ability to satisfu any financial obligation
imposed by the Court.
6. SentencingRecommendations
It is understood by the parties that the Court is neither a paffy to nor
bound by this agreement. The Court may accept or reject the agreement, or defer a
decision until it has had an opporrunity to consider the presentence report prepared
by the United States Probation Offrce. The defendant understands and
acknowledges that, although the parties are permitted to make recommendations and
present arguments to the Court, the sentence will be determined solely by the Court,
with the assistance of the United States Probation Office. Defendant further
understands and acknowledges that any discussions between defendant or
defendant's attomey and the attorney or other agents for the govemment regarding
any recommendations by the govemment are not binding on the Court and that,
should any recommendations be rejected, defendant will not be permitted to
withdraw defendant's plea pursuant to this plea agreement. The govemment
expressly reserves ttre right to support and defend any decision that the Court may
make with regard to the defendant's sentence, whether or not such decision is
consistent with the government's recommendations contained herein.
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409
7. Defendant's Waiver of Right to Appeal the Sentence
The defendant agrees that this Court has jurisdiction and authority to
impose any sentence up to the statutory maximum and expressly waives the right to
appeal defendant's sentence on any ground, including the ground that the Court
erred in determining the applicable guidelines rarlge pursuant to the United States
Sentencing Guidelines, except (a) the ground that the sentence exceeds the
defendant's applicable guidelines range as determined by the Court pursuant to the
United States Sentencing Guidelines; @) the ground that the sentence exceeds the
statutory maximum penalty; or (c) the ground that the sentence violates the Eighth
Amendment to the Constitution; provided, however, that if the government exercises
its right to appeal the sentence imposed, as authonzedby 18 U.S.C. $ 3742@), then
the defendant is released from his waiver andmay appeal the sentence as authoized
by 18 U.S.C. $ 37a2@)
8. Middle District of Florida Agreement
It is further understood that this agreement is limited to the Office of the
United States Attorney for the Middle District of Florida and cannot bind other
federal, state, or local prosecuting authorities, although this office will bring
defendant's cooperation, if any, to the attention of other prosecuting officers or
others, if requested.
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410
9. Filing of Agreement
This agreement shall be presented to the Court, in open court or in
camera, in whole or in part, upon a showing of good cause, and filed in this cause, at
the time of defendant's entry of aplea of guilty pursuant hereto.
10. Voluntariness
The defendant acknowledges that defendant is entering into this
agreement and is pleading guilty freely and voluntanly without reliance upon any
discussions between the attorney for the government and the defendant and
defendant's attorney and without promise of benefit of any kind (other than the
concessions contained herein), and without threats, force, intimidation, or coercion
of any kind. The defendant further acknowledges defendant's understanding of the
nature of the offense or offenses to which defendant is pleading guilty and the
elements thereof, including the penalties provided by law, and defendant's complete
satisfaction with the representation and advice received from defendant's
undersigned counsel (if any). The defendant also understands that defendant has the
right to plead not guilty or to persist in that plea if it has already been made, andthat
defendant has the right to be tried by a jury with the assistance of counsel, the right
to confront and cross-examine the witnesses against defendant, the right against
compulsory self-incrimination, and the right to compulsory process for the
attendance of witnesses to testiff in defendant's defense; but, by pleading guilty,
defendant waives or gives up those rights and there willbe no trial. The defendant
further understands that if defendant pleads guilty, the Court may ask defendant
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411
questions about the offense or offenses to which defendant pleaded, and if defendant
answers those questions under oath, on the record, and in the presence of counsel (if
any), defendant's answers may later be used against defendant in a prosecution for
perjury or false statement. The defendant also understands that defendant will be
adjudicated guilty of the offenses to which defendant has pleade d and, if any of such
offenses are felonies, may thereby be deprived of certain rights, such as the right to
vote, to hold public office, to serve on a jury, or to have possession of firearms.
11. Factual Basis
Defendant is pleading guilty because defendant is in fact guilty. The
defendant certifies that defendant does hereby admit that the facts set forth below are
true, and were this case to go to trial, the United States would be able to prove those
specific facts and others beyond a reasonable doubt.
FACTS
The United States Small Business Administration (SBA) was an
executive branch agency of the United States government that provided support to
entrepreneurs and small businesses. The SBA enabled and provided for loans
through banks, credit unions, and other lenders. These loans had government-backed
guarantees. In addition to traditional SBA funding programs, the Coronavirus Aid,
Relief, and Economic Security (CARES) Act, which was signed into law in March
2020, established several new temporary programs and provided for the expansion of
others to address a Presidentially declared disaster, the COVID-L9 outbreak.
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412
One government response was the creation of a new loan program, the
SBA Paycheck Protection Program (PPP), which was a loan designed, in part, to
provide a direct incentive for small businesses to keep their workers on payroll.
Under this program, the SBA could forgive all or part of the borrowing business's
loans provided that employees were kept on the payoll for eight weeks and
borrowers submitted documentation confirming that the loan proceeds were used for
certain qualiSring business expenses (i.e., payroll, rcnt, mortgage interest, or utilities).
Interested applicants applied through an existing SBA lender or any
other participating federally-insured financial institution. The PPP application
process required applicants to submit a Borrower Application Form through an SBA
approved financial entity. The application contained information as to the purpose of
the loan, average monthly payroll, number of employees, and background ofthe
business and its owner. Applicants were also required to make certain good faith
certifications, including that economic uncertainties had necessitated their loan
proceeds only for the authorized purposes.
Beginning as early as in or around April 2020, and continuing through
at least in or around Jrne 2021, in the Middle District of Florida and elsewhere, the
defendants Sherell Breus, Vance Houston, and others did knowingly and wi1lful1y
combine, conspire, confederate, and agree with each other and others, to commit
wire fraud. The purpose of the illegal scheme was to use false and fraudulent
information to obtain loans liom federal government programs to which the
conspfuators were not entitled
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413
Forinstance,onoraboutJunel0,2020,Houston,withtheassistance
of co-conspirator Breus, submitted a false and fiaudulent PPP application
for his
business Broward Shirt Printing, LLC. Houston's PPP application contained
had six employees
numerous material misrepresentations including that his business
with an av eragemonthly payroll of $42,285' Additionally, Houston's PPP
applicationcontainedafalseandliaudulentlRSFormg4lEmployer,sQuarterly
Federal Tax Retum for tax year 2020. This tax form failed to speciff
which quarter it
submitted to
was reporting, and was a near identical copy of other IRS Form 94ls
thePPPlendersbyco.conspiratorsBreusandCandiceHarper.Theseforms
containedthesamenumberofemployees,wages,andincometaxwithheld.Theonly
listed at the top'
notable difference between the forms was the name of the business
AsaresultofHouston,sfraudulentapplication,Lender#ltransmitted
awirepaymentof$l05,T12.50ofPPPfundsintoHouston,sFinancialInstitution
#5laccountendingin0Tl5.AfterreceivinghisPPPfunds,Houstonkickedbacka
portion ofhis loan to co-conspirator Breus' On or about June 15' 2020' Houston
sent fiom his
caused an interstate vrhe transmission of $11,800 of PPP funds
Institution #2
Financial Institution #5 account ending in 0715 to Breus',s Financial
accountendingin2gl5locatedintheMiddleDistrictofFlorida.Thesewersusedto
processthepaymentsenttoBreus,sFinanciallnstitution#2accountwerelocated
outside the state ofFlorida.
I Where applicable, the Financial Institution numbers correspond to the numbers listed
in
*r. i"ai.,-a"t and are used consistently across all plea agreements.
16
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414
The above is merely a summary of some of the events, some of the
persons involved, and other information relating to this case. It does not include, nor
is it intended to include, all the events, persons involved, or other information
relating to this case.
12. Entire Agreement
This plea agreement constitutes the entire agreement between the
government and the defendant with respect to the aforementioned guilty plea and no
other promises, agreements, or representations exist or have been made to the
defendant or defendant's attorney with regard to such guilty plea.
13. Cenification
The defendant and defendant's counsel certiry that this plea agreement
has been read in its entirety by (or has been read to) the defendant and that defendant
fully understands its terms.
DATED this Srd dav of Aagust- ,2026.
GREGORY W. KEHOE
United States Attorney
Vance yn E.
Defendant United States Attorney
n
Hernandez
2/a-
Michael R. Kenneth
Attorney for Defendant Assistant United States Attorney
Chief, Economic Crimes Section
t7
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